(a)Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court of appropriate jurisdiction against that person to recover the following:
(1)In the case of a negligent violation, actual damages, including court costs, loss of wages, attorney’s fees and, when applicable, pain and suffering.
(2)In the case of a willful violation:
(A)Actual damages as set forth in paragraph (1) above:
(B)Punitive damages of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each violation as the court deems proper;
(C)Any other relief that the court deems proper.
(3)In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500).
(b)Injunctive relief shall be available to any consumer aggrieved by a violation or a threatened violation of
this title whether or not the consumer seeks any other remedy under this section.
(c)Notwithstanding any other provision of this section, any person who willfully violates any requirement imposed under this title may be liable for punitive damages in the case of a class action, in an amount that the court may allow. In determining the amount of award in any class action, the court shall consider among relevant factors the amount of any actual damages awarded, the frequency of the violations, the resources of the violator and the number of persons adversely affected.
(d)Except as provided in subdivision (e), the prevailing plaintiffs in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees.
(e)If a plaintiff brings an action pursuant to this section against
a debt collector, as defined in subdivision (c) of Section 1788.2, and the basis for the action is related to the collection of a debt, whether issues relating to the debt collection are raised in the same or another proceeding, the debt collector shall be entitled to recover reasonable attorney’s fees upon a finding by the court that the action was not brought in good faith.
(f)If a plaintiff only seeks and obtains injunctive relief to compel compliance with this title, court costs and attorney’s fees shall be awarded pursuant to Section 1021.5 of the Code of Civil Procedure.
(g) Nothing in this section is intended to affect remedies available under Section 128.5 of the Code of Civil Procedure.
Notes of Decisions
Cited in
32
cases (
12 in the last 5 years), 1986–2025 · leading case:
Acosta v. Trans Union, LLC, 243 F.R.D. 377 (C.D. Cal. 2007).
Acosta v. Trans Union, LLC, 243 F.R.D. 377 (C.D. Cal. 2007).
· cites it 3× “In that suit, Acosta sought actual damages pursuant to Cal. Civ.Code § 1785.31(a)(1), punitive damages pursuant Cal.”
Sanai v. Saltz, 170 Cal. App. 4th 746 (Cal. Ct. App. 2009).
· cites it 4× “Second, as the Ninth Circuit explained in Gorman, Civil Code section 1785.31 itself does not impose any “requirement or prohibition”; it merely authorizes a consumer who has been injured as a result of a violation of the Consumer Credit Reporting Agencies Act to bring an action…”
Grigoryan v. Experian Info. Solutions, Inc., 84 F. Supp. 3d 1044 (C.D. Cal. 2014).
· cites it 2× “203 The FCRA authorizes an award of actual damages or, in lieu thereof, statutory damages of $100 to 1,000 for each willful violation; it also provides for an award of punitive damages.”
Ramirez v. Trans Union, LLC, 301 F.R.D. 408 (N.D. Cal. 2014).
· cites it 2× “§ 1681n and Cal. Civ. Code § 1785.31 . Plaintiff seeks statutory and punitive damages for the FCRA claims on behalf of himself and the FRCA class, and punitive damages and injunctive relief on behalf of himself and a California subclass.”
Hasvold v. First USA Bank, N.A., 194 F. Supp. 2d 1228 (D. Wyo. 2002).
“In addition, Civil Code section 1785.31 provides a private right of action for any person who suffers damages from a violation of the California Consumer Credit Act.”
Langan v. United Servs. Auto. Ass'n, 69 F. Supp. 3d 965 (N.D. Cal. 2014).
“See Cal. Civ.Code § 1785.31. . Some courts have held that "causes of action predicated on acts that-occurred before a furnisher of information had notice of any inaccuracies are not preempted by § 1681t(b)(l)(F), but are instead governed by § 1681h(e).”
Howard v. Blue Ridge Bank, 371 F. Supp. 2d 1139 (N.D. Cal. 2005).
“*1146 Plaintiff argues that, even if the Court finds that injunctive relief is not available under the FCRA, it is available under § 17200 or under the California Consumer Credit Reporting Act (“CCRAA”), Cal. Civil Code § 1785.31 . Because the Court finds' that plaintiffs §…”
Banga v. First USA, NA, 29 F. Supp. 3d 1270 (N.D. Cal. 2014).
“” Cal.Civ.Code § 1785.31(a). . For negligent violations of the FCRA, a prevailing consumer may recover only actual damages and reasonable attorneys' fees and costs.”
Miller v. Bank of Am., Nat'l Ass'n, 858 F. Supp. 2d 1118 (S.D. Cal. 2012).
“31, which allows private plaintiffs to bring an action under the CCRA, does not apply to actions against furnishers of credit information.”
Cisneros v. U.D. Registry, Inc., 95 Cal. Daily Op. Serv. 8240 (Cal. Ct. App. 1995).
“(Civ. Code, § 1785.31, subd. (d).) FCRA permits attorney fees to the prevailing consumer only.”
Gorman v. Wolpoff & Abramson, LLP, 370 F. Supp. 2d 1005 (N.D. Cal. 2005).
“2002) (quoting Cal. Civ. Code § 1785.31 ). When Congress enacted the FCRA, it expressly saved California Civil Code 1785.”
— Cal. Civil Code § 1785.31(a) — 3 cases
Banga v. First USA, NA, 29 F. Supp. 3d 1270 (N.D. Cal. 2014).
“” Cal.Civ.Code § 1785.31(a). . For negligent violations of the FCRA, a prevailing consumer may recover only actual damages and reasonable attorneys' fees and costs.”
— Cal. Civil Code § 1785.31(a)(1) — 4 cases
Acosta v. Trans Union, LLC, 243 F.R.D. 377 (C.D. Cal. 2007).
“In that suit, Acosta sought actual damages pursuant to Cal. Civ.Code § 1785.31(a)(1), punitive damages pursuant Cal.”
— Cal. Civil Code § 1785.31(a)(2) — 1 case
— Cal. Civil Code § 1785.31(a)(2)(A) — 1 case
Grigoryan v. Experian Info. Solutions, Inc., 84 F. Supp. 3d 1044 (C.D. Cal. 2014).
“203 The FCRA authorizes an award of actual damages or, in lieu thereof, statutory damages of $100 to 1,000 for each willful violation; it also provides for an award of punitive damages.”
— Cal. Civil Code § 1785.31(a)(2)(B) — 3 cases
Acosta v. Trans Union, LLC, 243 F.R.D. 377 (C.D. Cal. 2007).
“In that suit, Acosta sought actual damages pursuant to Cal. Civ.Code § 1785.31(a)(1), punitive damages pursuant Cal.”
— Cal. Civil Code § 1785.31(a)(l) — 1 case
Grigoryan v. Experian Info. Solutions, Inc., 84 F. Supp. 3d 1044 (C.D. Cal. 2014).
“203 The FCRA authorizes an award of actual damages or, in lieu thereof, statutory damages of $100 to 1,000 for each willful violation; it also provides for an award of punitive damages.”
— Cal. Civil Code § 1785.31(b) — 2 cases
Acosta v. Trans Union, LLC, 243 F.R.D. 377 (C.D. Cal. 2007).
“In that suit, Acosta sought actual damages pursuant to Cal. Civ.Code § 1785.31(a)(1), punitive damages pursuant Cal.”
— Cal. Civil Code § 1785.31(d) — 1 case
— Cal. Civil Code § 1785.31(e) — 1 case
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