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.
(b) Prohibition of disclosure of financial record obtained by State child support enforcement agency
A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) of this section 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.
(c) Civil damages for unauthorized disclosure
(1) Disclosure by State officer or employee
If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b) of this section, such individual may bring a civil action for damages against such person in a district court of the United States.
(2) No liability for good faith but erroneous interpretation
No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b) of this section.
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—
(1) Financial institution
The term “financial institution” means—
(A)a depository institution, as defined in section
1813(c) of title
(B)an institution-affiliated party, as defined in section
1813(u) of title
(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
(D)any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.
(2) Financial record
The term “financial record” has the meaning given such term in section
3401 of title
1998—Subsec. (a). Pub. L. 105–200inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section
666(a)(17)(A) of this title” before period at end.
For effective date of section, see section
395(a)–(c) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section
654 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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