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§ 46a-6l-104 — West Virginia Law | CourtGPT
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  4. Chapter 46a - West Virginia Consumer Credit and Protection Act/
  5. Article 6l - Theft of Consumer Identity Protections§46a-6l-101. Definitions/
  6. § 46a-6l-104
West Virginia Legal Code

§ 46a-6l-104

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(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than $1,000, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days

cy willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than $5,000, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.