Willful: Knowing and Intentionally Committed...?

David A. Szwak

Willful: Knowing and Intentionally Committed...?

Postby David A. Szwak » Tue Oct 18, 2005 10:30 pm

Punitive Damages

"To show willful noncompliance with the FCRA, [the consumer] must show that [the credit agency] 'knowingly and intentionally committed an act in conscious disregard for the rights of others,' but need not show 'malice or evil motive.'" Cushman, 115 F.3d 220, 226 (3d Cir. 1997) (citing Philbin, 101 F.3d at 970. In Cushman, the Third Circuit held that only defendants who have engaged in actions "on the same order as willful concealment or misrepresentations" have committed a willful violation for FCRA purposes, and are subject to punitive damages under 1681n. Cushman, 115 F.3d at 227. To justify an award of punitive damages, O'Connor must prove that Trans Union adopted its reinvestigation policy either knowing that policy to be in contravention of the rights possessed by consumers pursuant to the FCRA or in reckless disregard of whether the policy contravened those rights. See id.” James J. O'Connor v. Trans Union Corp., Civil Action No. 97-4633 [U.S.D.C. E.D. Pa. 9/28/99].

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