§ 3417. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC3417]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 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.
(Pub. L. 95-630, title XI, Sec. 1117, Nov. 10, 1978, 92 Stat. 3708; 1978
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36067, 92 Stat.
3783; Pub. L. 100-690, title VI, Sec. 6186(d), Nov. 18, 1988, 102 Stat.
4358.)
Amendments
1988--Subsec. (c). Pub. L. 100-690 inserted ``or pursuant to the
provisions of section 3413(l) of this title'' after ``Government
authority'' and ``under this chapter, the constitution of any State, or
any law or regulation of any State or any political subdivision of any
State'' after ``such disclosure''.
Transfer of Functions
``Director of the Office of Personnel Management'' and ``Director''
substituted in subsec. (b) for ``Civil Service Commission'' and
``Commission'' pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R.
36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government
Organization and Employees, which transferred functions vested by
statute in Civil Service Commission to Director of Office of Personnel
Management (except as otherwise specified), effective Jan. 1, 1979, as
provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, set out under section 1101 of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 3413, 3414 of this title.
