110 STAT. 3009 -451 PUBLIC LAW 104-208—SEPT. 30, 1996
(3) in subsection (c), by adding at the end the following:
"Notwithstanding the preceding, no agency referred to in subsection (b) may conduct an examination of a bank, savings
association, or credit union regarding compliance with the provisions of this title, except in response to a complaint (or if
the agency otherwise has knowledge) that the bank, savings
association, or credit union has violated a provision of this
title, in which case, the agency may conduct an examination
as necessary to investigate the complaint. If an agency determines during an investigation in response to a complaint that
a violation of this title has occurred, the agency may, during
its next 2 regularly scheduled examinations of the bank, savings
association, or credit union, examine for compliance with this
title.".
SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.
Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s)
is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
"(c) STATE ACTION FOR VIOLATIONS.—
"(1) AUTHORITY OF STATES.—In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated
by a State, has reason to believe that any person has violated
or is violating this title, the State—
"(A) may bring an action to enjoin such violation in
any appropriate United States district court or in any
other court of competent jurisdiction;
"(B) subject to paragraph (5), may bring an action
on behalf of the residents of the State to recover—
"(i) damages for which the person is liable to such
residents under sections 616 and 617 as a result of
the violation;
"(ii) in the case of a violation of section 623(a),
damages for which the person would, but for section
623(c), be liable to such residents as a result of the
violation; or
"(iii) damages of not more than $1,000 for each
willful or negligent violation; and
"(C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action
and reasonable attorney fees as determined by the court.
"(2) RIGHTS OF FEDERAL REGULATORS.— The State shall
serve prior written notice of any action under paragraph (1)
upon the Federal Trade Commission or the appropriate Federal
regulator determined under subsection (b) and provide the
Commission or appropriate Federal regulator with a copy of
its complaint, except in any case in which such prior notice
is not feasible, in which case the State shall serve such notice
immediately upon instituting such action. The Federal Trade
Commission or appropriate Federal regulator shall have the
right—
"(A) to intervene in the action;
"(B) upon so intervening, to be heard on all matters
arising therein;
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