A. Any credit bureau or user of information that willfully fails to comply with any requirement of Sections 56-3-1 through 56-3-6 NMSA 1978 with respect to any consumer is liable to that consumer in an amount equal to:
(1) any actual damages sustained by the consumer as a result of the failure;
(2) punitive damages as the court may allow; and
(3) in the case of any successful action under this section, costs of the action and reasonable attorney's fees as determined by the court.
B. Any credit bureau or user of information that is negligent in failing to comply with any requirement of Sections 56-3-1 through 56-3-6 NMSA 1978 with respect to any consumer is liable to that consumer in an amount equal to:
(1) any actual damages sustained by the consumer as a result of the failure; and
(2) in the case of any successful action under this section, costs of the action and reasonable attorney's fees as determined by the court.