Florida Senate - 2017                                    SB 1126
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01465-17                                            20171126__
    1                        A bill to be entitled                      
    2         An act relating to consumer reporting agencies;
    3         creating s. 501.0052, F.S.; requiring a consumer
    4         reporting agency to provide certain creditor
    5         information to a consumer upon written request;
    6         providing liability; providing civil penalties;
    7         authorizing the award of costs and attorney fees to a
    8         prevailing plaintiff in certain actions; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 501.0052, Florida Statutes, is created
   14  to read:
   15         501.0052 Consumer reporting agency information; civil
   16  penalty.—
   17         (1) A consumer reporting agency as defined under s. 603(f)
   18  of the Fair Credit Reporting Act, 15 U.S.C. s. 1681a(f),
   19  operating in the state must, upon the written request of a
   20  consumer, provide the consumer with a document containing the
   21  name and telephone number of every creditor listed in the
   22  consumer’s credit report within 7 days after receipt of the
   23  request.
   24         (2)(a) A consumer reporting agency that fails to comply
   25  with subsection (1) is liable to the consumer for:
   26         1. A civil penalty equal to the sum of any actual damages
   27  sustained by the consumer as a result of the agency’s failure to
   28  provide the information; or
   29         2. Damages of at least $100 but not more than $1,000.
   30         (b) A consumer who is a prevailing plaintiff in an action
   31  to enforce liability under this subsection is also entitled to
   32  recover the costs of the action and reasonable attorney fees, as
   33  determined by the court.
   34         Section 2. This act shall take effect July 1, 2017.