; (ii) any additional damages as the court may allow; and (iii) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. (B) Ability to assess punitive damages (i) In General On a finding by the court that the institution of higher education, third party servicer that contracts with such institution, or third party contractor, has committed a violation described in paragraph (1)(B) with actual or constructive knowledge or reckless disregard for such violation, the court may assess punitive damages not to exceed threefold the sum of actual damages sustained by the plaintiff or class, including court costs and a reasonable attorney’s fee. (ii) Factors considered by court In determining the amount of liability in any action under clause (i), the court shall consider, among other relevant factors— (I) in any individual action under this subsection, the frequency and persistence of noncompliance by the institution of higher education, third party servicer that contracts with such institution, or third party contractor and the nature of such noncompliance; or (II) in any class action under this subsection, in addition to the factors listed in clause (i), the financial resources of the institution of higher education, third party servicer that contracts with such institution, or third party contractor and the number of persons adversely affected. (3) Jurisdiction An action to enforce any liability created by this subsection may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. . (b) Conforming amendments Section 487(c), as amended by section 102(b), is further amended— (1) in paragraph (1), by striking subparagraphs (G) through (J); (2) by striking paragraphs (2) and (3)