§ 669a. Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

• (a) 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) A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) 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)
  • (1) If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States.
  • (2) No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b).
  • (3) 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.
• (d) For purposes of this section—
  • (1) The term “financial institution” means—
    • (A) a depository institution, as defined in section 1813(c) of title 12 ;
    • (B) an institution-affiliated party, as defined in section 1813(u) of title 12 ;
    • (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 12 ; and
    • (D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.
  • (2) The term “financial record” has the meaning given such term in section 3401 of title 12 .