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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3207 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3207

 To amend title 10, United States Code, to provide for relief in civil 
actions for violations of the protections on credit extended to members 
               of the Armed Forces and their dependents.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2012

Mr. Blumenthal introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to provide for relief in civil 
actions for violations of the protections on credit extended to members 
               of the Armed Forces and their dependents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RELIEF IN CIVIL ACTIONS FOR VIOLATIONS OF PROTECTIONS ON 
              CONSUMER CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES 
              AND THEIR DEPENDENTS.

    (a) In General.--Section 987(f) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(5) Civil liability.--
                    ``(A) In general.--A person who violates this 
                section with respect to any person is civilly liable to 
                such person for--
                            ``(i) any actual damage sustained as a 
                        result, but not less than $500 for each 
                        violation;
                            ``(ii) appropriate punitive damages;
                            ``(iii) appropriate equitable or 
                        declaratory relief;
                            ``(iv) any other relief provided by law;
                            ``(v) in any successful action to enforce 
                        the foregoing liability, the costs of the 
                        action, together with reasonable attorney fees 
                        as determined by the court; and
                            ``(vi) in any successful action by a 
                        defendant under this section, if the court 
                        finds the action was brought in bad faith and 
                        for the purpose of harassment, attorney fees of 
                        the defendant as determined by the court to be 
                        reasonable in relation to the work expended and 
                        costs incurred.
                    ``(B) Defenses.--A person may not be held liable 
                for civil liability under this paragraph if the person 
                shows by a preponderance of evidence that the violation 
                was not intentional and resulted from a bona fide error 
                notwithstanding the maintenance of procedures 
                reasonably adapted to avoid any such error. Examples of 
                a bona fide error include clerical, calculation, 
                computer malfunction and programming, and printing 
                errors, except that an error of legal judgment with 
                respect to a person's obligations under this section is 
                not a bona fide error.
                    ``(C) Jurisdiction and venue; limitation.--An 
                action for civil liability under this paragraph may be 
                brought in any appropriate United States district 
                court, without regard to the amount in controversy, or 
                in any other court of competent jurisdiction, not later 
                than the earlier of--
                            ``(i) two years after the date of discovery 
                        by the plaintiff of the violation that is the 
                        basis for such liability; or
                            ``(ii) five years after the date on which 
                        the violation that is the basis for such 
                        liability occurs.''.
    (b) Effective Date.--The amendment made by this section and shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to consumer credit extended on or after that date.
                                 <all>
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