(A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 63-17-2310(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 63-17-2320 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 63-17-2310 and 63-17-2320.
(B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 63-17-2310 and 63-17-2320, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.
(C) If the department, its designee, or the department's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department, its designee, or the department's or designee's employees in a district court of the United States.
(D) No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B).
(E) In an action brought under subsection (C), upon a finding of liability on the part of the defendant, the defendant is liable to the plaintiff in an amount equal to the sum of:
(1) the greater of:
(a) one thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable; or
(b) the sum of:
(i) the actual damages sustained by the plaintiff as a result of the unauthorized disclosure; and
(ii) in the case of a wilful disclosure or a disclosure which is the result of gross negligence, punitive damages; and
(2) the costs, including attorney fees, of the action.
HISTORY: 2008 Act No. 361, Section 2.
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