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: A. injunctive relief to prevent further violation of the Fair Credit Reporting and Identity Security Act; B. any actual damages sustained by the consumer as a result of a violation of the Fair Credit Reporting and Identity Security Act; 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 D. costs of the action and reasonable attorney fees. History: Laws 2007, ch. 106, § 5; 2010, ch. 54, § 6. ANNOTATIONSThe 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 rting 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'.
New Mexico Legal Code