§ 1601. Congressional findings and declaration of
purpose
(a) Informed use of credit
The Congress finds that economic stabiliza-
tion would be enhanced and the competition
among the various financial institutions and
other firms engaged in the extension of con-
sumer credit would be strengthened by the in-
formed use of credit. The informed use of credit
results from an awareness of the cost thereof by
consumers. It is the purpose of this subchapter
to assure a meaningful disclosure of credit
terms so that the consumer will be able to com-
pare more readily the various credit terms
available to him and avoid the uninformed use
of credit, and to protect the consumer against
inaccurate and unfair credit billing and credit
card practices.
(b) Terms of personal property leases
The Congress also finds that there has been a
recent trend toward leasing automobiles and
other durable goods for consumer use as an al-
ternative to installment credit sales and that
these leases have been offered without adequate
cost disclosures. It is the purpose of this sub-
chapter to assure a meaningful disclosure of the
terms of leases of personal property for per-
sonal, family, or household purposes so as to en-
able the lessee to compare more readily the var-
ious lease terms available to him, limit balloon
payments in consumer leasing, enable compari-
son of lease terms with credit terms where ap-
propriate, and to assure meaningful and accu-
rate disclosures of lease terms in advertise-
ments.
Page 1453
TITLE 15—COMMERCE AND TRADE
§ 1601
(Pub. L. 90–321, title I, § 102, May 29, 1968, 82 Stat.
146; Pub. L. 93–495, title III, § 302, Oct. 28, 1974, 88
Stat. 1511; Pub. L. 94–240, § 2, Mar. 23, 1976, 90
Stat. 257.)
Editorial Notes
AMENDMENTS
1976—Pub. L. 94–240 des
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Page 1452
TITLE 15—COMMERCE AND TRADE
§ 1601
Sec.
1679f.
Noncompliance with this subchapter.
1679g.
Civil liability.
1679h.
Administrative enforcement.
1679i.
Statute of limitations.
1679j.
Relation to State law.
SUBCHAPTER III—CREDIT REPORTING AGENCIES
1681.
Congressional findings and statement of pur-
pose.
1681a.
Definitions; rules of construction.
1681b.
Permissible purposes of consumer reports.
1681c.
Requirements relating to information con-
tained in consumer reports.
1681c–1.
Identity theft prevention; fraud alerts and ac-
tive duty alerts.
1681c–2.
Block of information resulting from identity
theft.
1681c–3.
Adverse information in cases of trafficking.
1681d.
Disclosure of investigative consumer reports.
1681e.
Compliance procedures.
1681f.
Disclosures to governmental agencies.
1681g.
Disclosures to consumers.
1681h.
Conditions and form of disclosure to con-
sumers.
1681i.
Procedure in case of disputed accuracy.
1681j.
Charges for certain disclosures.
1681k.
Public record information for employment
purposes.
1681l.
Restrictions on investigative consumer re-
ports.
1681m.
Requirements on users of consumer reports.
1681n.
Civil liability for willful noncompliance.
1681o.
Civil liability for negligent noncompliance.
1681p.
Jurisdiction of courts; limitation of actions.
1681q.
Obtaining information under false pretenses.
1681r.
Unauthorized disclosures by officers or em-
ployees.
1681s.
Administrative enforcement.
1681s–1.
Information on overdue child support obliga-
tions.
1681s–2.
Responsibilities of furnishers of information
to consumer reporting agencies.
1681s–3.
Affiliate sharing.
1681t.
Relation to State laws.
1681u.
Disclosures to FBI for counterintelligence
purposes.
1681v.
Disclosures to governmental agencies for
counterterrorism purposes.
1681w.
Disposal of records.
1681x.
Corporate and technological circumvention
prohibited.
SUBCHAPTER IV—EQUAL CREDIT OPPORTUNITY
1691.
Scope of prohibition.
1691a.
Definitions; rules of construction.
1691b.
Promulgation of regulations by the Bureau.
1691c.
Administrative enforcement.
1691c–1.
Incentives for self-testing and self-correction.
1691c–2.
Small business loan data collection.
1691d.
Applicability of other laws.
1691e.
Civil liability.
1691f.
Annual reports to Congress; contents.
SUBCHAPTER V—DEBT COLLECTION PRACTICES
1692.
Congressional findings and declaration of pur-
pose.
1692a.
Definitions.
1692b.
Acquisition of location information.
1692c.
Communication in connection with debt col-
lection.
1692d.
Harassment or abuse.
1692e.
False or misleading representations.
1692f.
Unfair practices.
1692g.
Validation of debts.
1692h.
Multiple debts.
1692i.
Legal actions by debt collectors.
1692j.
Furnishing certain deceptive forms.
1692k.
Civil liability.
1692l.
Administrative enforcement.
Sec.
1692m.
Reports to Congress by the Bureau; views of
other Federal agencies.
1692n.
Relation to State laws.
1692o.
Exemption for State regulation.
1692p
Exception for certain bad check enforcement
programs operated by private entities.
SUBCHAPTER VI—ELECTRONIC FUND TRANSFERS
1693.
Congressional findings and declaration of pur-
pose.
1693a.
Definitions.
1693b.
Regulations.
1693c.
Terms and conditions of transfers.
1693d.
Documentation of transfers.
1693e.
Preauthorized transfers.
1693f.
Error resolution.
1693g.
Consumer liability.
1693h.
Liability of financial institutions.
1693i.
Issuance of cards or other means of access.
1693j.
Suspension of obligations.
1693k.
Compulsory use of electronic fund transfers.
1693l.
Waiver of rights.
1693l–1.
General-use prepaid cards, gift certificates,
and store gift cards.
1693m.
Civil liability.
1693n.
Criminal liability.
1693o.
Administrative enforcement.
1693o–1.
Remittance transfers.
1693o–2.
Reasonable fees and rules for payment card
transactions.
1693p.
Reports to Congress.
1693q.
Relation to State laws.
1693r.
Exemption for State regulation.
SUBCHAPTER I—CONSUMER CREDIT COST
DISCLOSURE
PART A—GENERAL PROVISIONS
§ 1601. Congressional findings and declaration of
purpose
(a) Informed use of credit
The Congress finds that economic stabiliza-
tion would be enhanced and the competition
among the various financial institutions and
other firms engaged in the extension of con-
sumer credit would be strengthened by the in-
formed use of credit. The informed use of credit
results from an awareness of the cost thereof by
consumers. It is the purpose of this subchapter
to assure a meaningful disclosure of credit
terms so that the consumer will be able to com-
pare more readily the various credit terms
available to him and avoid the uninformed use
of credit, and to protect the consumer against
inaccurate and unfair credit billing and credit
card practices.
(b) Terms of personal property leases
The Congress also finds that there has been a
recent trend toward leasing automobiles and
other durable goods for consumer use as an al-
ternative to installment credit sales and that
these leases have been offered without adequate
cost disclosures. It is the purpose of this sub-
chapter to assure a meaningful disclosure of the
terms of leases of personal property for per-
sonal, family, or household purposes so as to en-
able the lessee to compare more readily the var-
ious lease terms available to him, limit balloon
payments in consumer leasing, enable compari-
son of lease terms with credit terms where ap-
propriate, and to assure meaningful and accu-
rate disclosures of lease terms in advertise-
ments.
Page 1453
TITLE 15—COMMERCE AND TRADE
§ 1601
(Pub. L. 90–321, title I, § 102, May 29, 1968, 82 Stat.
146; Pub. L. 93–495, title III, § 302, Oct. 28, 1974, 88
Stat. 1511; Pub. L. 94–240, § 2, Mar. 23, 1976, 90
Stat. 257.)
Editorial Notes
AMENDMENTS
1976—Pub. L. 94–240 designated existing provisions as
subsec. (a) and added subsec. (b).
1974—Pub. L. 93–495 inserted provisions expanding
purposes of subchapter to include protection of con-
sumer against inaccurate and unfair credit billing and
credit card practices.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–203, title XIV, § 1400(c), July 21, 2010, 124
Stat. 2136, provided that:
‘‘(1) REGULATIONS.—The regulations required to be
prescribed under this title [see Tables for classifica-
tion] or the amendments made by this title shall—
‘‘(A) be prescribed in final form before the end of
the 18-month period beginning on the designated
transfer date; and
‘‘(B) take effect not later than 12 months after the
date of issuance of the regulations in final form.
‘‘(2) EFFECTIVE DATE ESTABLISHED BY RULE.—Except
as provided in paragraph (3), a section, or provision
thereof, of this title shall take effect on the date on
which the final regulations implementing such section,
or provision, take effect.
‘‘(3) EFFECTIVE
DATE.—A section of this title for
which regulations have not been issued on the date
that is 18 months after the designated transfer date
shall take effect on such date.’’
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–240 effective on expiration
of one year after Mar. 23, 1976, see section 6 of Pub. L.
94–240, set out as an Effective Date note under section
1667 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
For effective date of amendment by Pub. L. 93–495,
see section 308 of Pub. L. 93–495, set out as an Effective
Date note under section 1666 of this title.
EFFECTIVE DATE
Pub. L. 90–321, title V, § 504(a), May 29, 1968, 82 Stat.
167, provided that: ‘‘Except as otherwise specified, the
provisions of this Act [see Short Title note set out
below] take effect upon enactment [May 29, 1968].’’
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–174, § 1(a), May 24, 2018, 132 Stat. 1296, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Economic Growth, Regulatory Re-
lief, and Consumer Protection Act’.’’
SHORT TITLE OF 2015 AMENDMENT
Pub. L. 114–94, div. G, title LXXXIX, § 89001, Dec. 4,
2015, 129 Stat. 1799, provided that: ‘‘This title [amending
sections 1639c and 1639d of this title and enacting provi-
sions set out as a note under section 5512 of Title 12,
Banks and Banking] may be cited as the ‘Helping Ex-
pand Lending Practices in Rural Communities Act of
2015’ or the ‘HELP Rural Communities Act of 2015’.’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–319, § 1, Dec. 18, 2010, 124 Stat. 3457, pro-
vided that: ‘‘This Act [amending section 1681m of this
title and enacting provisions set out as a note under
section 1681m of this title] may be cited as the ‘Red
Flag Program Clarification Act of 2010’.’’
Pub. L. 111–203, title XIV, § 1400(a), July 21, 2010, 124
Stat. 2136, provided that: ‘‘This title [see Tables for
classification] may be cited as the ‘Mortgage Reform
and Anti-Predatory Lending Act’.’’
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–93, § 1, Nov. 6, 2009, 123 Stat. 2998, provided
that: ‘‘This Act [amending section 1666b of this title]
may be cited as the ‘Credit CARD Technical Correc-
tions Act of 2009’.’’
Pub. L. 111–24, § 1(a), May 22, 2009, 123 Stat. 1734, pro-
vided that: ‘‘This Act [enacting sections 1616, 1651, 1665c
to 1665e, 1666i–1, 1666i–2, and 1693l–1 of this title and sec-
tion 1a–7b of Title 16, Conservation, amending sections
1602, 1632, 1637, 1640, 1650, 1666b, 1666c, 1666j, 1681b, 1681j,
and 1693m to 1693r of this title, enacting provisions set
out as notes under sections 1602, 1637, 1638, 1666b, 1681j,
and 1693l–1 of this title and section 5311 of Title 31,
Money and Finance, and amending provisions set out as
notes under sections 1638 and 1693 of this title] may be
cited as the ‘Credit Card Accountability Responsibility
and Disclosure Act of 2009’ or the ‘Credit CARD Act of
2009’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–315, title X, § 1001, Aug. 14, 2008, 122 Stat.
3478, provided that: ‘‘This title [enacting section 1650 of
this title and sections 1019d and 9709 of Title 20, Edu-
cation, amending sections 1602, 1603, 1638, and 1640 of
this title, section 2903 of Title 12, Banks and Banking,
and section 1092 of Title 20, and enacting provisions set
out as notes under sections 1638 and 1640 of this title,
section 2903 of Title 12, and section 9709 of Title 20] may
be cited as the ‘Private Student Loan Transparency
and Improvement Act of 2008’.’’
Pub. L. 110–289, div. B, title V, § 2501, July 30, 2008, 122
Stat. 2855, provided that: ‘‘This title [amending sec-
tions 1638 and 1640 of this title and sections 24 and 338a
of Title 12, Banks and Banking, and enacting provisions
set out as a note under section 1638 of this title] may
be cited as the ‘Mortgage Disclosure Improvement Act
of 2008’.’’
Pub. L. 110–241, § 1, June 3, 2008, 122 Stat. 1565, pro-
vided that: ‘‘This Act [amending section 1681n of this
title and enacting provisions set out as notes under sec-
tion 1681n of this title] may be cited as the ‘Credit and
Debit Card Receipt Clarification Act of 2007’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–159, § 1(a), Dec. 4, 2003, 117 Stat. 1952, pro-
vided that: ‘‘This Act [enacting sections 1681c–1,
1681c–2, 1681s–3, 1681w, and 1681x of this title and sec-
tions 9701 to 9708 of Title 20, Education, amending sec-
tions 1681a, 1681b, 1681c, 1681g, 1681i, 1681j, 1681m, 1681o,
1681p, 1681s, 1681s–2, 1681t, 1681u, and 1681v of this title
and section 5318 of Title 31, Money and Finance, enact-
ing provisions set out as notes under this section, sec-
tions 1681, 1681a, 1681b, 1681c, 1681c–1, 1681i, 1681j, 1681m,
1681n, 1681s–2, 1681s–3 of this title, and section 9701 of
Title 20, and amending provisions set out as a note
under this section] may be cited as the ‘Fair and Accu-
rate Credit Transactions Act of 2003’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–102, title VII, § 701, Nov. 12, 1999, 113 Stat.
1463,
provided
that:
‘‘This
subtitle
[subtitle
A
(§§ 701–705) of title VII of Pub. L. 106–102, amending sec-
tions 1693b, 1693c, and 1693h of this title] may be cited
as the ‘ATM Fee Reform Act of 1999’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–347, § 1, Nov. 2, 1998, 112 Stat. 3208, pro-
vided that: ‘‘This Act [amending sections 1681a to 1681c,
1681g, 1681i, 1681k, and 1681s of this title and enacting
provisions set out as a note under section 1681a of this
title] may be cited as the ‘Consumer Reporting Em-
ployment Clarification Act of 1998’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title II, § 2401, Sept. 30, 1996, 110
Stat. 3009–426, provided that: ‘‘This chapter [chapter 1
Page 1454
TITLE 15—COMMERCE AND TRADE
§ 1601
(§§ 2401–2422) of subtitle D of title II of div. A of Pub. L.
104–208, enacting section 1681s–2 of this title, amending
sections 1681a to 1681e, 1681g to 1681j, 1681m to 1681o,
1681q to 1681s, and 1681t of this title, and enacting pro-
visions set out as notes under sections 1681a, 1681b, and
1681g of this title] may be cited as the ‘Consumer Credit
Reporting Reform Act of 1996’.’’
SHORT TITLE OF 1995 AMENDMENTS
Pub. L. 104–29, § 1, Sept. 30, 1995, 109 Stat. 271, provided
that: ‘‘This Act [enacting section 1649 of this title,
amending sections 1605, 1631, 1635, 1640, and 1641 of this
title, and enacting provisions set out as notes under
section 1605 of this title] may be cited as the ‘Truth in
Lending Act Amendments of 1995’.’’
Pub. L. 104–12, § 1, May 18, 1995, 109 Stat. 161, provided
that: ‘‘This Act [amending section 1640 of this title]
may be cited as the ‘Truth in Lending Class Action Re-
lief Act of 1995’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–325, title I, § 151, Sept. 23, 1994, 108 Stat.
2190,
provided
that:
‘‘This
subtitle
[subtitle
B
(§§ 151–158) of title I of Pub. L. 103–325, enacting sections
1639 and 1648 of this title, amending sections 1602, 1604,
1610, 1640, 1641, and 1647 of this title, and enacting provi-
sions set out as notes under this section and section
1602 of this title] may be cited as the ‘Home Ownership
and Equity Protection Act of 1994’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–537, § 1, Oct. 27, 1992, 106 Stat. 3531, pro-
vided that: ‘‘This Act [enacting section 1681s–1 of this
title, amending section 1681a of this title, and enacting
provisions set out as a note under section 1681a of this
title] may be cited as the ‘Ted Weiss Child Support En-
forcement Act of 1992’.’’
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100–709, § 1, Nov. 23, 1988, 102 Stat. 4725, pro-
vided that: ‘‘This Act [enacting sections 1637a, 1647, and
1665b of this title, amending sections 1632 and 1637 of
this title, and enacting provisions set out as notes
under section 1637a of this title] may be cited as the
‘Home Equity Loan Consumer Protection Act of 1988’.’’
Pub. L. 100–583, § 1, Nov. 3, 1988, 102 Stat. 2960, pro-
vided that: ‘‘This Act [amending sections 1610, 1632,
1637, 1640, and 1646 of this title and enacting provisions
set out as a note under section 1637 of this title] may
be cited as the ‘Fair Credit and Charge Card Disclosure
Act of 1988’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–25, § 1, July 27, 1981, 95 Stat. 144, provided:
‘‘That this Act [amending sections 1602 and 1666f of this
title, section 29 of Title 12, Banks and Banking, and
sections 205 and 212 of Title 42, The Public Health and
Welfare; enacting provisions set out as notes under this
section and sections 1602 and 1666f of this title; and
amending provisions set out as notes under sections
1602 and 1666f of this title] may be cited as the ‘Cash
Discount Act’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–221, title VI, § 601, Mar. 31, 1980, 94 Stat. 168,
provided that: ‘‘This title [enacting section 1646 of this
title, amending sections 57a, 1602 to 1607, 1610, 1612, 1613,
1631, 1632, 1635, 1637, 1638, 1640, 1641, 1643, 1663, 1664, 1665a,
1666, 1666d, 1667d, and 1691f of this title, repealing sec-
tions 1614, 1636, and 1639 of this title, and enacting pro-
visions set out as notes under sections 1602 and 1607 of
this title] may be cited as the ‘Truth in Lending Sim-
plification and Reform Act’.’’
SHORT TITLE OF 1976 AMENDMENTS
Pub. L. 94–240, § 1, Mar. 23, 1976, 90 Stat. 257, provided
that: ‘‘This Act [enacting sections 1667 to 1667e of this
title, amending this section and section 1640 of this
title, and enacting provisions set out as a note under
section 1667 of this title] may be cited as the ‘Consumer
Leasing Act of 1976’.’’
Pub. L. 94–239, § 1(a), Mar. 23, 1976, 90 Stat. 251, pro-
vided that: ‘‘This Act [enacting section 1691f of this
title, amending this section and sections 1691b, 1691c,
1691d, 1691e of this title, repealing section 1609 of this
title, enacting provisions set out as notes under this
section, and repealing provision set out as a note under
this section] may be cited as the ‘Equal Credit Oppor-
tunity Act Amendments of 1976’.’’
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93–495, title III, § 301, Oct. 28, 1974, 88 Stat.
1511, provided that: ‘‘This title [enacting sections 1666
to 1666j of this title, amending this section and sections
1602, 1610, 1631, 1632, and 1637 of this title, and enacting
provision set out as a note under section 1666 of this
title] may be cited as the ‘Fair Credit Billing Act’.’’
Pub. L. 93–495, title V, § 501, Oct. 28, 1974, 88 Stat. 1521,
which provided that title V of Pub. L. 93–495 (enacting
subchapter IV of this chapter and notes set out under
section 1691 of this title) could be cited as the ‘‘Equal
Credit Opportunity Act’’, was repealed by Pub. L.
94–239, § 1(c), Mar. 23, 1976, 90 Stat. 251.
SHORT TITLE
Pub. L. 90–321, § 1, May 29, 1968, 82 Stat. 146, provided
that: ‘‘This Act [enacting this chapter, sections 891 to
896 of Title 18, Crimes and Criminal Procedure, and pro-
visions set out as notes under this section, sections 1631
and 1671 of this title, and section 891 of Title 18] may
be cited as the ‘Consumer Credit Protection Act’.’’
Pub. L. 90–321, title I, § 101, May 29, 1968, 82 Stat. 146,
provided that: ‘‘This title [enacting this subchapter]
may be cited as the ‘Truth in Lending Act’.’’
Pub. L. 90–321, title IV, § 401, as added by Pub. L.
104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat.
3009–454, provided that: ‘‘This title [enacting sub-
chapter II–A of this chapter] may be cited as the ‘Cred-
it Repair Organizations Act’.’’
Pub. L. 90–321, title VI, § 601, as added by Pub. L.
91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1128, as
amended by Pub. L. 108–159, title VIII, § 811(a), Dec. 4,
2003, 117 Stat. 2011, provided that: ‘‘This title [enacting
subchapter III of this chapter] may be cited as the ‘Fair
Credit Reporting Act’.’’
Pub. L. 90–321, title VII, § 709, as added by Pub. L.
94–239, § 1(b), Mar. 23, 1976, 90 Stat. 251, provided that:
‘‘This title [enacting subchapter IV of this chapter and
notes set out under section 1691 of this title] may be
cited as the ‘Equal Credit Opportunity Act’.’’
Pub. L. 90–321, title VIII, § 801, as added by Pub. L.
95–109, Sept. 20, 1977, 91 Stat. 874, provided that: ‘‘This
title [enacting subchapter V of this chapter] may be
cited as the ‘Fair Debt Collection Practices Act’.’’
Pub. L. 90–321, title IX, § 901, as added by Pub. L.
95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728, pro-
vided that: ‘‘This title [enacting subchapter VI of this
chapter] may be cited as the ‘Electronic Fund Transfer
Act’.’’
SEVERABILITY
Pub. L. 90–321, title V, § 501, May 29, 1968, 82 Stat. 167,
provided that: ‘‘If a provision enacted by this Act [see
Short Title note above], is held invalid, all valid provi-
sions that are severable from the invalid provision re-
main in effect. If a provision enacted by this Act is held
invalid in one or more of its applications, the provision
remains in effect in all valid applications that are sev-
erable from the invalid application or applications.’’
EXEMPTION OR MODIFICATION OF MORTGAGE
DISCLOSURE REQUIREMENTS
Pub. L. 111–203, title XIV, § 1405(b), July 21, 2010, 124
Stat. 2142, provided that: ‘‘Notwithstanding any other
provision of this title [see Tables for classification], in
order to improve consumer awareness and under-
standing of transactions involving residential mort-
Page 1455
TITLE 15—COMMERCE AND TRADE
§ 1602
gage loans through the use of disclosures, the Board
may, by rule, exempt from or modify disclosure re-
quirements, in whole or in part, for any class of resi-
dential mortgage loans if the Board determines that
such exemption or modification is in the interest of
consumers and in the public interest.’’
ANALYSIS OF FURTHER RESTRICTIONS ON OFFERS OF
CREDIT OR INSURANCE
Pub. L. 108–159, title II, § 213(e), Dec. 4, 2003, 117 Stat.
1979, provided that:
‘‘(1) IN GENERAL.—The Board shall conduct a study
of—
‘‘(A) the ability of consumers to avoid receiving
written offers of credit or insurance in connection
with transactions not initiated by the consumer; and
‘‘(B) the potential impact that any further restric-
tions on providing consumers with such written of-
fers of credit or insurance would have on consumers.
‘‘(2) REPORT.—The Board shall submit a report sum-
marizing the results of the study required under para-
graph (1) to the Congress not later than 12 months after
the date of enactment of this Act [Dec. 4, 2003], to-
gether with such recommendations for legislative or
administrative action as the Board may determine to
be appropriate.
‘‘(3) CONTENT
OF
REPORT.—The report described in
paragraph (2) shall address the following issues:
‘‘(A) The current statutory or voluntary mecha-
nisms that are available to a consumer to notify
lenders and insurance providers that the consumer
does not wish to receive written offers of credit or in-
surance.
‘‘(B) The extent to which consumers are currently
utilizing existing statutory and voluntary mecha-
nisms to avoid receiving offers of credit or insurance.
‘‘(C) The benefits provided to consumers as a result
of receiving written offers of credit or insurance.
‘‘(D) Whether consumers incur significant costs or
are otherwise adversely affected by the receipt of
written offers of credit or insurance.
‘‘(E) Whether further restricting the ability of lend-
ers and insurers to provide written offers of credit or
insurance to consumers would affect—
‘‘(i) the cost consumers pay to obtain credit or in-
surance;
‘‘(ii) the availability of credit or insurance;
‘‘(iii) consumers’ knowledge about new or alter-
native products and services;
‘‘(iv) the ability of lenders or insurers to compete
with one another; and
‘‘(v) the ability to offer credit or insurance prod-
ucts to consumers who have been traditionally un-
derserved.’’
[For definitions of terms used in section 213(e) of Pub.
L. 108–159, set out above, see section 2 of Pub. L. 108–159,
set out as a Definitions note under section 1681 of this
title.]
FEDERAL RESERVE STUDY OF HOME EQUITY LENDING
AND APPROPRIATE INTEREST RATE INDEX
Pub. L. 103–325, title I, § 157, Sept. 23, 1994, 108 Stat.
2197, provided that during the period beginning 180 days
after Sept. 23, 1994, and ending 2 years after that date,
the Board of Governors of the Federal Reserve System
was to conduct a study and submit to the Congress a
report, including recommendations for any appropriate
legislation, regarding whether consumers engaging in
open end credit transactions as defined in section 1602
of this title secured by principal dwellings have ade-
quate Federal protection and whether a more appro-
priate interest rate index existed for purposes of sec-
tion 1602(bb)(1)(A) of this title than the yield on Treas-
ury securities.
HEARINGS ON HOME EQUITY LENDING
Pub. L. 103–325, title I, § 158, Sept. 23, 1994, 108 Stat.
2197, as amended by Pub. L. 111–203, title X, § 1096, July
21, 2010, 124 Stat. 2102, provided that:
‘‘(a) HEARINGS.—Not less than once during the 3-year
period beginning on the date of enactment of this Act
[Sept. 23, 1994], and regularly thereafter, the Bureau, in
consultation with the Advisory Board to the Bureau,
shall conduct a public hearing to examine the home eq-
uity loan market and the adequacy of existing regu-
latory and legislative provisions and the provisions of
this subtitle [see Short Title of 1994 Amendment note
above] in protecting the interests of consumers, and
low-income consumers in particular.
‘‘(b) PARTICIPATION.—In conducting hearings required
by subsection (a), the Bureau shall solicit participation
from consumers, representatives of consumers, lenders,
and other interested parties.’’
STUDY
BY
FEDERAL
RESERVE
BOARD
OF
GOVERNORS
COVERING
EFFECT
OF
CHARGE
CARD
TRANSACTIONS
UPON CARD ISSUERS, MERCHANTS, AND CONSUMERS
Pub. L. 97–25, title II, § 202, July 27, 1981, 95 Stat. 145,
directed Board of Governors of Federal Reserve Sys-
tem, not later than 2 years after July 27, 1981, to pre-
pare a study and submit its findings to Congress on the
effect of charge card transactions upon card issuers,
merchants, and consumers.
INFERENCE OF LEGISLATIVE INTENT IN SECTION
CAPTIONS AND CATCHLINES
Pub. L. 90–321, title V, § 502, May 29, 1968, 82 Stat. 167,
provided that: ‘‘Captions and catchlines are intended
solely as aids to convenient reference, and no inference
as to the legislative intent with respect to any provi-
sion enacted by this Act [enacting this chapter, section
891 to 896 of Title 18, Crimes and Criminal Procedure,
and provisions set out as notes under this section, sec-
tions 1631 and 1671 of this title, and section 891 of Title
18] may be drawn from them.’’
GRAMMATICAL USAGES
Pub. L. 90–321, title V, § 503, May 30, 1968, 82 Stat. 167,
provided that: ‘‘In this Act [enacting this chapter, sec-
tions 891 to 896 of Title 18, Crimes and Criminal Proce-
dure, and provisions set out as notes under this section,
sections 1631 and 1671 of this title, and section 891 of
Title 18]:
‘‘(1) The word ‘may’ is used to indicate that an ac-
tion either is authorized or is permitted.
‘‘(2) The word ‘shall’ is used to indicate that an ac-
tion is both authorized and required.
‘‘(3) The phrase ‘may not’ is used to indicate that
an action is both unauthorized and forbidden.
‘‘(4) Rules of law are stated in the indicative
mood.’’
DEFINITION
Pub. L. 111–203, title XIV, § 1495, July 21, 2010, 124
Stat. 2207, provided that: ‘‘For purposes of this title
[see Tables for classification], the term ‘designated
transfer date’ means the date established under section
1062 of this Act [12 U.S.C. 5582].’’
§ 1602. Definitions and rules of construction
(a) The definitions and rules of construction
set forth in this section are applicable for the
purposes of this subchapter.
(b) BUREAU.—The term ‘‘Bureau’’ means the
Bureau of Consumer Financial Protection.
(c) The term ‘‘Board’’ refers to the Board of
Governors of the Federal Reserve System.
(d) The term ‘‘organization’’ means a corpora-
tion, government or governmental subdivision
or agency, trust, estate, partnership, coopera-
tive, or association.
(e) The term ‘‘person’’ means a natural person
or an organization.
(f) The term ‘‘credit’’ means the right granted
by a creditor to a debtor to defer payment of
debt or to incur debt and defer its payment.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative proceedings or court actions**
(1) **Jurisdiction** — The court (or the Bureau, as the case may be) in an action or adjudication proceeding brought under Federal consumer financial law, shall have jurisdiction to grant any appropriate legal or equitable relief with respect to a violation of Federal consumer financial law, including a violation of a rule or order prescribed under a Federal consumer financial law.
(2) **Relief** — Relief under this section may include, without limitation—
(A) rescission or reformation of contracts;
(B) refund of moneys or return of real property;
(C) restitution;
(D) disgorgement or compensation for unjust enrichment;
(E) payment of damages or other monetary relief;
(F) public notification regarding the violation, including the costs of notification;
(G) limits on the activities or functions of the person; and
(H) civil money penalties, as set forth more fully in subsection (c).
(3) **No exemplary or punitive damages** — Nothing in this subsection shall be construed as authorizing the imposition of exemplary or punitive damages.
**(b) Recovery of costs** In any action brought by the Bureau, a State attorney general, or any State regulator to enforce any Federal consumer financial law, the Bureau, the State attorney general, or the State regulator may recover its costs in connection with prosecuting such action if the Bureau, the State attorney general, or the State regulator is the prevailing party in the action.
**(c) Civil money penalty in court and administrative actions**
(1) **In general** — Any person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection.
(2) **Penalty amounts**
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 5582. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5582. Designated transfer date
(a) In general
Not later than 60 days after July 21, 2010, the
Secretary shall—
(1) in consultation with the Chairman of the
Board of Governors, the Chairperson of the
Corporation, the Chairman of the Federal
Trade Commission, the Chairman of the Na-
tional Credit Union Administration Board, the
Comptroller of the Currency, the Director of
the Office of Thrift Supervision, the Secretary
of the Department of Housing and Urban De-
velopment, and the Director of the Office of
Management and Budget, designate a single
calendar date 1 for the transfer of functions to
the Bureau under section 5581 of this title; and
(2) publish notice of that designated date in
the Federal Register.
(b) Changing designation
The Secretary—
(1) may, in consultation with the Chairman
of the Board of Governors, the Chairperson of
the Federal Deposit Insurance Corporation,
the Chairman of the Federal Trade Commis-
sion, the Chairman of the National Credit
Union Administration Board, the Comptroller
of the Currency, the Director of the Office of
Thrift Supervision, the Secretary of the De-
partment of Housing and Urban Development,
and the Director of the Office of Management
and Budget, change the date designated under
subsection (a); and
(2) shall publish notice of any changed des-
ignated date in the Federal Register.
(c) Permissible dates
(1) In general
Except as provided in paragraph (2), any date
designated under this section shall be not ear-
lier than 180 days, nor later than 12 months,
after July 21, 2010.
(2) Extension of time
The Secretary may designate a date that is
later than 12 months after July 21, 2010, if the
Secretary transmits to appropriate commit-
tees of Congress—
(A) a written determination that orderly
im
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 5582. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Informed use of credit** The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
**(b) Terms of personal property leases** The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.