,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #bcei  ,,in ,,the ,,house ,,of  
,,representatives  ,may #d1 #bjag,mr4   
,loudermilk 7for himself1 ,mr4 ,royce of
 ,california1 ,mr4 ,budd1 ,mr4 ,king of 
,new ,york1 and ,mrs4 ,wagner7          
introduced the following bill2 which was
 referred to the ,committee on          
,financial ,services1 and in addition to
 the ,committee on the ,judiciary1 for a
 period to be subsequently determined by
 the ,speaker1 in each case for         
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
amend the civil liability requirements  
under the ,fair ,credit ,reporting ,act 
to include requirements relating to     
class actions1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,,fcra ,liability ,harmonization
 ,act4  #b4 ,maintaining consistency in 
civil liability under the ,fair ,credit 
,reporting ,act for class actions  7a7  
,willful noncompliance ,section #faf of 

the ,fair ,credit ,reporting ,act 7#ae  
,u4,s4,c4 #afhan7 is amended--  7#a7 in 
subsection 7a7-- 7,a7 by striking       
paragraph 7#b72  7,b7 by redesignating  
paragraph 7#c7 as paragraph 7#b72 and   
7,c7 in paragraph 7#a77;,b71 by         
inserting and after the semicolon2  7#b7
 by redesignating subsection 7d7 as     
subsection 7e72 and  7#c7 by inserting  
after subsection 7c7 the following new  
subsection3  7d7 ,class action lawsuits 
,with respect to a class action 7as such
 term is defined in section #agaa of    
title #bh1 ,united ,states ,code71 or   
series of class actions arising out of  
the same failure to comply of a person1 
brought by consumers against a person   
who willfully fails to comply with any  
requirement imposed under this title1   
such person is liable to such consumers 
in such an amount as a court may        
determine1 except that--  7#a7 the court
 may not apply a minimum amount of      
damages for each member of the class2   
and  7#b7 the total recovery 7excluding 

reasonable attorney's fees as determined
 by the court7 of the class shall not   
exceed the lesser of--  7,a7 #ejj1jjj2  
or  7,b7 #a percent of the net worth of 
such person4  4  7b7 ,negligent         
noncompliance ,section #fag of the ,fair
 ,credit ,reporting ,act 7#ae ,u4,s4,c4 
#afhao#g7 is amended by adding at the   
end the following new subsection3  7c7  
,class action lawsuits ,with respect to 
a class action 7as such term is defined 
in section #agaa of title #bh1 ,united  
,states ,code71 or series of class      
actions arising out of the same failure 
to comply of a person1 brought by       
consumers against a person who          
negligently fails to comply with any    
requirement imposed under this title1   
such person is liable to such consumers 
in an amount equal to the sum of any    
actual damages sustained by the         
consumers as a result of the failure1   
except that the total recovery          
7excluding reasonable attorney's fees as
 determined by the court7 of the class  

shall not exceed the lesser of--  7#a7  
#ejj1jjj2 or  7#b7 #a percent of the net
 worth of such person4  4