12 U.S.C. § 3417 : US Code - Section 3417: Civil penalties

Search 12 U.S.C. § 3417 : US Code - Section 3417: Civil penalties

(a) Liability of agencies or departments of United States or
financial institutions
Any agency or department of the United States or financial
institution obtaining or disclosing financial records or
information contained therein in violation of this chapter is
liable to the customer to whom such records relate in an amount
equal to the sum of -
(1) $100 without regard to the volume of records involved;
(2) any actual damages sustained by the customer as a result of
the disclosure;
(3) such punitive damages as the court may allow, where the
violation is found to have been willful or intentional; and
(4) in the case of any successful action to enforce liability
under this section, the costs of the action together with
reasonable attorney's fees as determined by the court.
(b) Disciplinary action for willful or intentional violation of
chapter by agents or employees of department or agency
Whenever the court determines that any agency or department of
the United States has violated any provision of this chapter and
the court finds that the circumstances surrounding the violation
raise questions of whether an officer or employee of the department
or agency acted willfully or intentionally with respect to the
violation, the Director of the Office of Personnel Management shall
promptly initiate a proceeding to determine whether disciplinary
action is warranted against the agent or employee who was primarily
responsible for the violation. The Director after investigation and
consideration of the evidence submitted, shall submit his findings
and recommendations to the administrative authority of the agency
concerned and shall send copies of the findings and recommendations
to the officer or employee or his representative. The
administrative authority shall take the corrective action that the
Director recommends.
(c) Good faith defense
Any financial institution or agent or employee thereof making a
disclosure of financial records pursuant to this chapter in good-
faith reliance upon a certificate by any Government authority or
pursuant to the provisions of section 3413(l) of this title shall
not be liable to the customer for such disclosure under this
chapter, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State.
(d) Exclusive judicial remedies and sanctions
The remedies and sanctions described in this chapter shall be the
only authorized judicial remedies and sanctions for violations of
this chapter.