Statute · United States Code
42 U.S.C. § 669a — Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases
42 U.S.C. § 669a
- Type
- Statute
- Source
- United States Code
- Jurisdiction
- Federal
- Date
- 2025-01-06
- Topic
- bankruptcy
Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title. A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual. If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States. No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of— (A) the greater of— (i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant…
Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title. A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual. If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States. No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of— (A) the greater of— (i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or (ii) the sum of— (I) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus (II) in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus (B) the costs (including attorney's fees) of the action. For purposes of this section— The term "financial institution" means— (A) a depository institution, as defined in section 1813(c) of title 12; (B) an institution-affiliated party, as defined in section 1813(u) of title 12; (C) any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and (D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State. The term "financial record" has the meaning given such term in section 3401 of title 12.