Punitive Damages: Factors in Awarding

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Punitive Damages: Factors in Awarding

Postby Administrator » Tue Oct 04, 2005 5:57 pm

The trier of fact in awarding punitive damages under the FCRA must consider the following factors in assessing the award:

a) The remedial purpose of the Act;

b) The harm(s) to consumer intended to be avoided or corrected by the Act;

c) The manner in which the defendant conducted its business;

d) The manner in which agency dealt with plaintiff;

e) The defendant's income and net worth. Jones v. Credit Bureau of Huntington, Inc., 399 S.E.2d 694 (W. Va. 1990); Nitti v. Credit Bureau of Rochester, Inc., 84 Misc.2d 277, 375 N.Y.S.2d 817.

A punitive damage award must be adequate to affect the consumer reporting agency's future conduct. Pinner v. Schmidt, 805 F.2d 1258 (5th Cir. 1986)[La.]; Collins v. Retail Credit Co., 410 F.Supp. 924 (U.S.D.C. Mich. 1976).

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