If a consumer reporting agency violates the provisions of the Fair Credit Reporting and Identity Security Act, the affected consumer or the attorney general may bring a civil action against the consumer reporting agency for:

1. A. injunctive relief to prevent further violation of the Fair Credit Reporting and Identity Security Act;
2. B. any actual damages sustained by the consumer as a result of a violation of the Fair Credit Reporting and Identity Security Act;
3. C. a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation of the security freeze or each violation of the provisions of Subsection D of Section 3 [56-3A-3 NMSA 1978] of this 2010 act; and
4. D. costs of the action and reasonable attorney fees.

History: Laws 2007, ch. 106, § 5; 2010, ch. 54, § 6.

ANNOTATIONS

The 2010 amendment, effective May 19, 2010, in the catchline, deleted "violation of security freeze" and added "Violations; civil liability"; in the introductory sentence, after "consumer reporting agency", deleted "releases information placed under a security freeze in violation of" and added "violates"; after "the provisions of", deleted "Section 3 of the Credit Report Security Act" and added "the Fair Credit Reporting and Identity Security Act"; and after "the affected consumer", added "or the attorney general"; in Subsection A, after "further violation of the", deleted "security freeze" and added "Fair Credit Reporting and Identity Security Act"; and in Subsection B, after "a violation of", added "the Fair Credit Reporting and Identity Security Act"; and in Subsection C, after "violation of the security freeze", added "or each violation of the provisions of Subsection D of Section 3 of this 2010 act".