Page:United States Statutes at Large Volume 110 Part 4.djvu/613

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -450 SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER FALSE PRETENSES. (a) OBTAINING INFORMATION UNDER FALSE PRETENSES. —Section 619 of the Fair Credit Reporting Act (15 U.S.C. 1681q) is amended by striking "fined not more than $5,000 or imprisoned not more than one year, or both" and inserting "fined under title 18, United States Code, imprisoned for not more than 2 years, or both". (b) UNAUTHORIZED DISCLOSURES BY OFFICERS OR EMPLOYEES.— Section 620 of the Fair Credit Reporting Act (15 U.S.C. 1681r) is amended by striking "fined not more than $5,000 or imprisoned not more than one year, or both" and inserting "fined under title 18, United States Code, imprisoned for not more than 2 years, or both". SEC. 2416. ADMINISTRATIVE ENFORCEMENT. (a) AVAILABLE ENFORCEMENT POWERS.— Section 621(a) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended— (1) by inserting "(1)" after "(a)"; (2) by adding at the end the following new paragraph: "(2)(A) In the event of a knowing violation, which constitutes a pattern or practice of violations of this title, the Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person that violates this title. In such action, such person shall be liable for a civil penalty of not more than $2,500 per violation. "(B) In determining the amount of a civil penalty under subparagraph (A), the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. "(3) Notwithstanding paragraph (2), a court may not impose any civil penalty on a person for a violation of section 623(a)(1) unless the person has been enjoined from committing the violation, or ordered not to commit the violation, in an action or proceeding brought by or on behalf of the Federal Trade Commission, and has violated the injunction or order, and the court may not impose any civil penalty for any violation occurring before the date of the violation of the injunction or order. "(4) Neither the Commission nor any other agency referred to in subsection (b) may prescribe trade regulation rules or other regulations with respect to this title.". (b) AGENCIES RESPONSIBLE FOR ENFORCEMENT. —Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) is amended— (1) in subsection (a), by inserting "ENFORCEMENT BY FED- ERAL TRADE COMMISSION.— " before "Compliance with the requirements"; (2) in subsection (b), by striking the matter preceding paragraph (1) and inserting the following: "(b) ENFORCEMENT BY OTHER AGENCIES. —Compliance with the requirements imposed under this title with respect to consumer reporting agencies, persons who use consumer reports from such agencies, persons who furnish information to such agencies, and users of information that are subject to subsection (d) or (e) of section 615 shall be enforced under—"; and