32-8-521. Civil liability for wrongful disclosure of financial record -- damages and injunctive relief. (1) A state or local agency that requests or receives a financial record in violation of this part is liable to the customer to whom the record relates in the amount of damages provided in subsection (4).
     (2) A person who is not employed by a supervisory, state, or local agency or by a foreign capital depository and who requests or receives a financial record in violation of this part is liable to the customer to whom the record relates in the amount of damages provided in subsection (4).
     (3) A director, executive officer, controlling person, or employee of a foreign capital depository who discloses or authorizes another to disclose a financial record in violation of this part is liable to the customer to whom the record relates in an amount of damages provided in subsection (4).
     (4) Damages are equal to the sum of the following:
     (a) $10,000, without regard to the type or number of records involved;
     (b) actual damages sustained by the customer; and
     (c) costs incurred in the action to successfully enforce liability under this section, together with reasonable attorney fees.
     (5) A foreign capital depository may exercise remedies provided in this section on behalf of a customer and in connection with the exercise of those remedies may act as the real party in interest. Damages recovered by the depository must be deposited in an account of the customer, but a depository may retain amounts recovered for its costs and reasonable attorney fees.
     (6) The remedies provided in this section are not exclusive.
     (7) In addition to any other remedy allowed by law, a customer may bring an action for injunctive relief under Title 27, chapter 19, to enforce the provisions of this part.

     History: En. Sec. 43, Ch. 382, L. 1997.