U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER IV— GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES › Part Part D— Child Support and Establishment of Paternity

42 U.S.C. § 669a

Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

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(a) In general

Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title.

(b) Prohibition of disclosure of financial record obtained by State child support enforcement agency

A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

(c) Civil damages for unauthorized disclosure(1) Disclosure by State officer or employee

If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States.

(2) No liability for good faith but erroneous interpretation

No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b).

(3) DamagesIn any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—(A) the greater of—(i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or(ii) the sum of—(I) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus(II) in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus(B) the costs (including attorney’s fees) of the action.(d) DefinitionsFor purposes of this section—(1) Financial institutionThe term “financial institution” means—(A) a depository institution, as defined in section 1813(c) of title 12;(B) an institution-affiliated party, as defined in section 1813(u) of title 12;(C) any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and(D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.(2) Financial record

The term “financial record” has the meaning given such term in section 3401 of title 12.

(Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105–200, title IV, § 406(c), July 16, 1998, 112 Stat. 672.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–200 inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title” before period at end.

Statutory Notes and Related SubsidiariesEffective Date

For effective date of section, see section 395(a)–(c) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section 654 of this title.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2019–2023 · leading case: Surender Malhan v. Sec'y United States Depart, 938 F.3d 453 (3rd Cir. 2019).
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Surender Malhan v. Sec'y United States Depart, 938 F.3d 453 (3rd Cir. 2019). “It alleges violations of 42 U.S.C. § 669a, a provision of the Child Support Enforcement Amendments of 1984 (CSEA) to Title IV-D of the Social Security Act.”
Surender Malhan v. State of New Jersey (3rd Cir. 2023). · cites it 3× “Under 42 U.S.C. § 669a(c)(1), an individual may bring a civil action for damages if a state officer or employee “knowingly, or by reason of negligence, discloses a financial record of [the] individual” for some purpose other than “establishing, modifying, or enforcing a child…”
Malhan v. State of New Jersey (D.N.J. 2021). · cites it 2× “Count Two – Disclosure of Confidential Bank Records and Levies of Bank Accounts In Count Two of the TAC, Plaintiffs claim that the State Defendants unlawfully disclosed Malhan’s “confidential bank records” and levied his bank account in violation of 42 U.S.C. § 669a. TAC at ¶¶…”
Malhan v. State of New Jersey (D.N.J. 2020). “§ 652 (k), 42 U.S.C. § 669a, and 42 U.S.C. § 1983 , which allege that the state garnishment orders at issue are illegal; that Plaintiff Malhan’s financial information was impermissibly disclosed; that Defendants have refused to review and adjust child support orders over a…”
Malhan v. State of New Jersey (D.N.J. 2021). “§ 1983 , which allege that the state garnishment orders at issue are illegal; that Plaintiff Malhan’s financial information was impermissibly disclosed; that Defendants have refused to review and adjust child support orders over a period of years; and that Defendants have…”
— 42 U.S.C. § 669a(c)(1) — 1 case
Surender Malhan v. State of New Jersey (3rd Cir. 2023). “Under 42 U.S.C. § 669a(c)(1), an individual may bring a civil action for damages if a state officer or employee “knowingly, or by reason of negligence, discloses a financial record of [the] individual” for some purpose other than “establishing, modifying, or enforcing a child…”
— 42 U.S.C. § 669a(c)(2) — 2 cases
Surender Malhan v. State of New Jersey (3rd Cir. 2023). “Under 42 U.S.C. § 669a(c)(1), an individual may bring a civil action for damages if a state officer or employee “knowingly, or by reason of negligence, discloses a financial record of [the] individual” for some purpose other than “establishing, modifying, or enforcing a child…”
Malhan v. State of New Jersey (D.N.J. 2021). “Count Two – Disclosure of Confidential Bank Records and Levies of Bank Accounts In Count Two of the TAC, Plaintiffs claim that the State Defendants unlawfully disclosed Malhan’s “confidential bank records” and levied his bank account in violation of 42 U.S.C. § 669a. TAC at ¶¶…”
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