or services obtained by a consumer is kept, to the 
extent practicable, physically segregated from any ac-
tivity described in subsection (a). 
‘‘(2) SEPARATE
SETTING.—Such regulations 
shall include a clear delineation of the setting in 
which, and the circumstances under which, any use 
of an electronic terminal or credit card referred to 
in paragraph (1) should be conducted in a location 
physically segregated from an area where any activ-
ity described in subsection (a) is routinely carried 
on. 
‘‘(c) CIVIL LIABILITY.— 
‘‘(1) IN GENERAL.—Any person who fails to 
comply with any provision of this title with respect 
to any electronic terminal or the acceptance of a 
credit card to initiate a consumer credit transaction 
at a place in a gambling establishment that con-
stitutes a violation shall be liable to any consumer 
who uses the electronic terminal or provides a credit 
card at such place in an amount equal to the sum 
of the amounts determined under each of the fol-
lowing subparagraphs: 
‘‘(A) ACTUAL
DAMAGES.—The greater 
of— 
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‘‘(i) the amount of any actual damage 
sustained by the consumer as a result of 
such failure; or 
‘‘(ii) any amount paid, directly or with 
the proceeds of the credit transaction, by 
the consumer to such person. 
‘‘(B) PUNITIVE DAMAGES.— 
‘‘(i) INDIVIDUAL
ACTIONS.—In the 
case of any action by an individual, such 
additional amount as the court may allow. 
‘‘(ii) CLASS ACTIONS.—In the case of 
a class action, the sum of— 
‘‘(I) the aggregate of the amount 
which the court may allow for each 
named plaintiff; and 
‘‘(II) 
the 
aggregate 
of 
the 
amount which the court may allow for 
each other class member, without re-
gard to any minimum individual re-
covery. 
‘‘(C) ATTORNEYS’ FEES.—In the case of 
any successful action to enforce any liability 
under subparagraph (A) or (B), the costs of the 
action, together with reasonable attorneys’ fees. 
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‘‘(2) FACTORS TO BE CONSIDERED IN AWARD-
ING
PUNITIVE
DAMAGES.—In 
determining 
the 
amount of any liability of any person under para-
graph (1)(B), the court shall consider, among other 
relevant factors— 
‘‘(A) the frequency and persistence of non-
compliance by such person; 
‘‘(B) the nature of the noncompliance; 
‘‘(C) the extent to which such noncompli-
ance was intentional; and 
‘‘(D) in the case of any class action, the 
number of consumers adversely affected. 
‘‘(d) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) ELECTRONIC TERMINAL.—The term ‘elec-
tronic terminal’— 
‘‘(A) means an electronic device, other 
than a telephone operated by a consumer, 
through which a consumer may initiate a con-
sumer credit transaction in payment for any 
money, property, or services obtained by the 
consumer; and 
‘‘(B) includes point-of-sale terminals, auto-
mated teller machines, and cash dispensing ma-
chines 
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‘‘(2) GAMBLING DEVICE.—The term ‘gambling 
device’ has the meaning given to such term in sec-
tion 41311(b) of title 49, United States Code. 
‘‘(3) GAMBLING
ESTABLISHMENT.—The term 
‘gambling establishment’ has the meaning given to 
such term in section 1081 of title 18, United States 
Code.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 2 of the Truth in Lending Act is 
amended by inserting after the item relating to sec-
tion 139 the following new item: 
‘‘140. Prohibition on initiation of extensions of credit in certain gambling areas 
within gambling establishments.’’. 
Æ 
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