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§ 159. Failure to comply--Use of false pretenses--Penalties

Oklahoma Statutes AnnotatedTitle 24. Debtor and Creditor

Oklahoma Statutes Annotated
Title 24. Debtor and Creditor (Refs & Annos)
Chapter 9. Oklahoma Consumer Report Security Freeze Act
24 Okl.St.Ann. § 159
§ 159. Failure to comply--Use of false pretenses--Penalties
Currentness
A. Any person who willfully fails to comply with any requirement imposed under the provisions of this act1 with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer; and
2. In the case of any successful action to enforce any liability under the provisions of this act, the costs of the action together with reasonable attorney fees as determined by the court.
B. Any person who obtains a consumer report, requests a security freeze, or requests the temporary lift of a security freeze or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or One Thousand Dollars ($1,000.00), whichever is greater.
C. Any person who is negligent in failing to comply with any requirement imposed under this act with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the failure; and
2. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney fees as determined by the court.
D. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under the provisions of this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney fees in relation to the work expended in responding to the pleading, motion, or other paper.

Credits

Laws 2006, c. 283, § 11, eff. Jan. 1, 2007.

Footnotes

1
Title 24, § 149 et seq.
24 Okl. St. Ann. § 159, OK ST T. 24 § 159
Current with emergency effective legislation through Chapter 317 of the First Regular Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.
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