Ecoa (15 Usc 1691)

Page 1507

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section 358(h) of Pub. L. 107–56, set out as an Effective
Date of 2001 Amendment note under section 1829b of
this Title 12, Banks and Banking.

§ 1681w. Disposal of records
(a) Regulations
(1) In general
The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal
banking agencies, and the National Credit
Union Administration, with respect to the entities that are subject to their respective enforcement authority under section 1681s of this
title, and in coordination as described in paragraph (2), shall issue final regulations requiring any person that maintains or otherwise
possesses consumer information, or any compilation of consumer information, derived
from consumer reports for a business purpose
to properly dispose of any such information or
compilation.
(2) Coordination
Each agency required to prescribe regulations under paragraph (1) shall—
(A) consult and coordinate with each other
such agency so that, to the extent possible,
the regulations prescribed by each such
agency are consistent and comparable with
the regulations by each such other agency;
and
(B) ensure that such regulations are consistent with the requirements and regulations issued pursuant to Public Law 106–102
and other provisions of Federal law.
(3) Exemption authority
In issuing regulations under this section, the
agencies identified in paragraph (1) may exempt any person or class of persons from application of those regulations, as such agency
deems appropriate to carry out the purpose of
this section.
(b) Rule of construction
Nothing in this section shall be construed—
(1) to require a person to maintain or destroy any record pertaining to a consumer
that is not imposed under other law; or
(2) to alter or affect any requirement imposed under any other provision of law to
maintain or destroy such a record.
(Pub. L. 90–321, title VI, § 628, as added Pub. L.
108–159, title II, § 216(a), Dec. 4, 2003, 117 Stat.
1985; amended Pub. L. 111–203, title X,
§ 1088(a)(12), (13), July 21, 2010, 124 Stat. 2091,
2092.)
REFERENCES IN TEXT
Public Law 106–102, referred to in subsec. (a)(2)(B), is
Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, as amended,
known as the Gramm-Leach-Bliley Act. For complete
classification of this Act to the Code, see Short Title of
1999 Amendment note set out under section 1811 of Title
12, Banks and Banking, and Tables.
AMENDMENTS
2010—Subsec. (a)(1). Pub. L. 111–203, § 1088(a)(12), substituted ‘‘The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agen-

§ 1691

cies, and the National Credit Union Administration,
with respect to the entities that are subject to their respective enforcement authority under section 1681s of
this title,’’ for ‘‘Not later than 1 year after December
4, 2003, the Federal banking agencies, the National
Credit Union Administration, and the Commission with
respect to the entities that are subject to their respective enforcement authority under section 1681s of this
title, and the Securities and Exchange Commission,’’.
Subsec. (a)(3). Pub. L. 111–203, § 1088(a)(13), substituted
‘‘the agencies identified in paragraph (1)’’ for ‘‘the Federal banking agencies, the National Credit Union Administration, the Commission, and the Securities and
Exchange Commission’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE
Section subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board
and Federal Trade Commission, except as otherwise
provided, see section 3 of Pub. L. 108–159, set out as an
Effective Date of 2003 Amendment note under section
1681 of this title.

§ 1681x. Corporate and technological circumvention prohibited
The Commission shall prescribe regulations,
to become effective not later than 90 days after
December 4, 2003, to prevent a consumer reporting agency from circumventing or evading treatment as a consumer reporting agency described
in section 1681a(p) of this title for purposes of
this subchapter, including—
(1) by means of a corporate reorganization or
restructuring, including a merger, acquisition,
dissolution, divestiture, or asset sale of a consumer reporting agency; or
(2) by maintaining or merging public record
and credit account information in a manner
that is substantially equivalent to that described in paragraphs (1) and (2) of section
1681a(p) of this title, in the manner described
in section 1681a(p) of this title.
(Pub. L. 90–321, title VI, § 629, as added Pub. L.
108–159, title II, § 211(b), Dec. 4, 2003, 117 Stat.
1970.)
EFFECTIVE DATE
Section subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board
and Federal Trade Commission, except as otherwise
provided, see section 3 of Pub. L. 108–159, set out as an
Effective Date of 2003 Amendment note under section
1681 of this title.

SUBCHAPTER IV—EQUAL CREDIT
OPPORTUNITY
§ 1691. Scope of prohibition
(a) Activities constituting discrimination
It shall be unlawful for any creditor to discriminate against any applicant, with respect to
any aspect of a credit transaction—
(1) on the basis of race, color, religion, national origin, sex or marital status, or age
(provided the applicant has the capacity to
contract);
(2) because all or part of the applicant’s income derives from any public assistance program; or

§ 1691

TITLE 15—COMMERCE AND TRADE

(3) because the applicant has in good faith
exercised any right under this chapter.
(b) Activities not constituting discrimination
It shall not constitute discrimination for purposes of this subchapter for a creditor—
(1) to make an inquiry of marital status if
such inquiry is for the purpose of ascertaining
the creditor’s rights and remedies applicable
to the particular extension of credit and not to
discriminate in a determination of credit-worthiness;
(2) to make an inquiry of the applicant’s age
or of whether the applicant’s income derives
from any public assistance program if such inquiry is for the purpose of determining the
amount and probable continuance of income
levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Bureau;
(3) to use any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Bureau, except
that in the operation of such system the age of
an elderly applicant may not be assigned a
negative factor or value;
(4) to make an inquiry or to consider the age
of an elderly applicant when the age of such
applicant is to be used by the creditor in the
extension of credit in favor of such applicant;
or
(5) to make an inquiry under section 1691c–2
of this title, in accordance with the requirements of that section.
(c) Additional activities not constituting discrimination
It is not a violation of this section for a creditor to refuse to extend credit offered pursuant
to—
(1) any credit assistance program expressly
authorized by law for an economically disadvantaged class of persons;
(2) any credit assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of
persons; or
(3) any special purpose credit program offered by a profit-making organization to meet
special social needs which meets standards
prescribed in regulations by the Bureau;
if such refusal is required by or made pursuant
to such program.
(d) Reason for adverse action; procedure applicable; ‘‘adverse action’’ defined
(1) Within thirty days (or such longer reasonable time as specified in regulations of the Bureau for any class of credit transaction) after receipt of a completed application for credit, a
creditor shall notify the applicant of its action
on the application.
(2) Each applicant against whom adverse action is taken shall be entitled to a statement of
reasons for such action from the creditor. A
creditor satisfies this obligation by—
(A) providing statements of reasons in writing as a matter of course to applicants against
whom adverse action is taken; or
(B) giving written notification of adverse action which discloses (i) the applicant’s right to

Page 1508

a statement of reasons within thirty days
after receipt by the creditor of a request made
within sixty days after such notification, and
(ii) the identity of the person or office from
which such statement may be obtained. Such
statement may be given orally if the written
notification advises the applicant of his right
to have the statement of reasons confirmed in
writing on written request.
(3) A statement of reasons meets the requirements of this section only if it contains the specific reasons for the adverse action taken.
(4) Where a creditor has been requested by a
third party to make a specific extension of credit directly or indirectly to an applicant, the notification and statement of reasons required by
this subsection may be made directly by such
creditor, or indirectly through the third party,
provided in either case that the identity of the
creditor is disclosed.
(5) The requirements of paragraph (2), (3), or
(4) may be satisfied by verbal statements or notifications in the case of any creditor who did
not act on more than one hundred and fifty applications during the calendar year preceding
the calendar year in which the adverse action is
taken, as determined under regulations of the
Bureau.
(6) For purposes of this subsection, the term
‘‘adverse action’’ means a denial or revocation
of credit, a change in the terms of an existing
credit arrangement, or a refusal to grant credit
in substantially the amount or on substantially
the terms requested. Such term does not include
a refusal to extend additional credit under an
existing credit arrangement where the applicant
is delinquent or otherwise in default, or where
such additional credit would exceed a previously
established credit limit.
(e) Copies furnished to applicants
(1) In general
Each creditor shall furnish to an applicant a
copy of any and all written appraisals and
valuations developed in connection with the
applicant’s application for a loan that is secured or would have been secured by a first
lien on a dwelling promptly upon completion,
but in no case later than 3 days prior to the
closing of the loan, whether the creditor
grants or denies the applicant’s request for
credit or the application is incomplete or
withdrawn.
(2) Waiver
The applicant may waive the 3 day requirement provided for in paragraph (1), except
where otherwise required in law.
(3) Reimbursement
The applicant may be required to pay a reasonable fee to reimburse the creditor for the
cost of the appraisal, except where otherwise
required in law.
(4) Free copy
Notwithstanding paragraph (3), the creditor
shall provide a copy of each written appraisal
or valuation at no additional cost to the applicant.
(5) Notification to applicants
At the time of application, the creditor shall
notify an applicant in writing of the right to

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TITLE 15—COMMERCE AND TRADE

receive a copy of each written appraisal and
valuation under this subsection.
(6) Valuation defined
For purposes of this subsection, the term
‘‘valuation’’ shall include any estimate of the
value of a dwelling developed in connection
with a creditor’s decision to provide credit, including those values developed pursuant to a
policy of a government sponsored enterprise or
by an automated valuation model, a broker
price opinion, or other methodology or mechanism.
(Pub. L. 90–321, title VII, § 701, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1521;
amended Pub. L. 94–239, § 2, Mar. 23, 1976, 90 Stat.
251; Pub. L. 102–242, title II, § 223(d), Dec. 19, 1991,
105 Stat. 2306; Pub. L. 111–203, title X, §§ 1071(b),
1085(1), title XIV, § 1474, July 21, 2010, 124 Stat.
2059, 2083, 2199.)
AMENDMENTS
2010—Pub. L. 111–203, § 1085(1), substituted ‘‘Bureau’’
for ‘‘Board’’ wherever appearing.
Subsec. (b)(5). Pub. L. 111–203, § 1071(b), added par. (5).
Subsec. (e). Pub. L. 111–203, § 1474, amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ‘‘Each creditor shall promptly furnish an applicant, upon written request by the applicant made within a reasonable period of time of the application, a copy
of the appraisal report used in connection with the applicant’s application for a loan that is or would have
been secured by a lien on residential real property. The
creditor may require the applicant to reimburse the
creditor for the cost of the appraisal.’’
1991—Subsec. (e). Pub. L. 102–242 added subsec. (e).
1976—Subsec. (a). Pub. L. 94–239 designated existing
provisions as cl. (1), expanded prohibition against discrimination to include race, color, religion, national
origin and age, and added cls. (2) and (3).
Subsec. (b). Pub. L. 94–239 designated existing provisions as cl. (1) and added cls. (2) to (4).
Subsecs. (c), (d). Pub. L. 94–239 added subsecs. (c) and
(d).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–203, title X, § 1071(d), July 21, 2010, 124
Stat. 2059, provided that: ‘‘This section [enacting section 1691c–2 of this title and amending this section]
shall become effective on the designated transfer date.’’
[The term ‘‘designated transfer date’’ is defined in
section 5481(9) of Title 12, Banks and Banking, as the
date established under section 5582 of Title 12.]
Amendment by section 1085(1) of Pub. L. 111–203 effective on the designated transfer date, see section 1100H
of Pub. L. 111–203, set out as a note under section 552a
of Title 5, Government Organization and Employees.
Amendment by section 1474 of Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is
18 months after the designated transfer date if such
regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under
section 1601 of this title.
EFFECTIVE DATE
Section 708, formerly § 707, of title VII of Pub. L.
90–321, as added by Pub. L. 93–495, title V, § 503, Oct. 28,
1974, 88 Stat. 1525, renumbered and amended by Pub. L.
94–239, §§ 7, 8, Mar. 23, 1976, 90 Stat. 255, provided that:
‘‘This title [enacting this subchapter and provisions set
out as notes under section 1691 of this title] takes effect
upon the expiration of one year after the date of its enactment [Oct. 28, 1974]. The amendments made by the
Equal Credit Opportunity Act Amendments of 1976 [enacting section 1691f of this title, amending this section

and sections 1691b, 1691c, 1691d, and 1691e of this title,
repealing section 1609 of this title, enacting provisions
set out as notes under this section, and repealing provisions set out as a note under this section] shall take effect on the date of enactment thereof [Mar. 23, 1976] and
shall apply to any violation occurring on or after such
date, except that the amendments made to section 701
of the Equal Credit Opportunity Act [this section] shall
take effect 12 months after the date of enactment [Mar.
23, 1976].’’
SHORT TITLE
This subchapter known as the ‘‘Equal Credit Opportunity Act’’, see Short Title note set out under section
1601 of this title.
CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE
Pub. L. 93–495, title V, § 502, Oct. 28, 1974, 88 Stat. 1521,
provided that: ‘‘The Congress finds that there is a need
to insure that the various financial institutions and
other firms engaged in the extensions of credit exercise
their responsibility to make credit available with fairness, impartiality, and without discrimination on the
basis of sex or marital status. Economic stabilization
would be enhanced and competition among the various
financial institutions and other firms engaged in the
extension of credit would be strengthened by an absence of discrimination on the basis of sex or marital
status, as well as by the informed use of credit which
Congress has heretofore sought to promote. It is the
purpose of this Act [see Short Title note set out under
section 1601 of this title] to require that financial institutions and other firms engaged in the extension of
credit make that credit equally available to all creditworthy customers without regard to sex or marital
status.’’

§ 1691a. Definitions; rules of construction
(a) The definitions and rules of construction
set forth in this section are applicable for the
purposes of this subchapter.
(b) The term ‘‘applicant’’ means any person
who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.
(c) The term ‘‘Bureau’’ means the Bureau of
Consumer Financial Protection.
(d) The term ‘‘credit’’ means the right granted
by a creditor to a debtor to defer payment of
debt or to incur debts and defer its payment or
to purchase property or services and defer payment therefor.
(e) The term ‘‘creditor’’ means any person who
regularly extends, renews, or continues credit;
any person who regularly arranges for the extension, renewal, or continuation of credit; or any
assignee of an original creditor who participates
in the decision to extend, renew, or continue
credit.
(f) The term ‘‘person’’ means a natural person,
a corporation, government or governmental subdivision or agency, trust, estate, partnership,
cooperative, or association.
(g) Any reference to any requirement imposed
under this subchapter or any provision thereof
includes reference to the regulations of the Bureau under this subchapter or the provision
thereof in question.
(Pub. L. 90–321, title VII, § 702, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522;
amended Pub. L. 111–203, title X, § 1085(1), (2),
July 21, 2010, 124 Stat. 2083.)

§ 1691b

TITLE 15—COMMERCE AND TRADE
AMENDMENTS

2010—Subsec. (c). Pub. L. 111–203, § 1085(2), added subsec. (c) and struck out former subsec. (c) which read as
follows: ‘‘The term ‘Board’ refers to the Board of Governors of the Federal Reserve System.’’
Subsec. (g). Pub. L. 111–203, § 1085(1), substituted ‘‘Bureau’’ for ‘‘Board’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.

§ 1691b. Promulgation of regulations by the Bureau
(a) In general
The Bureau shall prescribe regulations to
carry out the purposes of this subchapter. These
regulations may contain but are not limited to
such classifications, differentiation, or other
provision, and may provide for such adjustments
and exceptions for any class of transactions, as
in the judgment of the Bureau are necessary or
proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion
thereof, or to facilitate or substantiate compliance therewith.
(b) Exempt transactions
Such regulations may exempt from the provisions of this subchapter any class of transactions that are not primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution, except that a particular type within a
class of such transactions may be exempted if
the Bureau determines, after making an express
finding that the application of this subchapter
or of any provision of this subchapter of such
transaction would not contribute substantially
to effecting the purposes of this subchapter.
(c) Limitation on exemptions
An exemption granted pursuant to subsection
(b) shall be for no longer than five years and
shall be extended only if the Bureau makes a
subsequent determination, in the manner described by such paragraph,1 that such exemption
remains appropriate.
(d) Maintenance of records
Pursuant to Bureau regulations, entities making business or commercial loans shall maintain
such records or other data relating to such loans
as may be necessary to evidence compliance
with this subsection 2 or enforce any action pursuant to the authority of this chapter. In no
event shall such records or data be maintained
for a period of less than one year. The Bureau
shall promulgate regulations to implement this
paragraph 3 in the manner prescribed by chapter
5 of title 5.
(e) Notice of denial of loan
The Bureau shall provide in regulations that
an applicant for a business or commercial loan
shall be provided a written notice of such applicant’s right to receive a written statement of
the reasons for the denial of such loan.
1 So

in original. Probably should be ‘‘subsection,’’.
in original.
3 So in original. Probably should be ‘‘subsection’’.

Page 1510

(f) Board authority
Notwithstanding subsection (a), the Board
shall prescribe regulations to carry out the purposes of this subchapter with respect to a person
described in section 5519(a) of title 12. These regulations may contain but are not limited to
such classifications, differentiation, or other
provision, and may provide for such adjustments
and exceptions for any class of transactions, as
in the judgment of the Board are necessary or
proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion
thereof, or to facilitate or substantiate compliance therewith.
(g) Deference
Notwithstanding any power granted to any
Federal agency under this subchapter, the deference that a court affords to a Federal agency
with respect to a determination made by such
agency relating to the meaning or interpretation of any provision of this subchapter that is
subject to the jurisdiction of such agency shall
be applied as if that agency were the only agency authorized to apply, enforce, interpret, or administer the provisions of this subchapter 4
(Pub. L. 90–321, title VII, § 703, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522;
amended Pub. L. 94–239, § 3(a), Mar. 23, 1976, 90
Stat. 252; Pub. L. 100–533, title III, § 301, Oct. 25,
1988, 102 Stat. 2692; Pub. L. 111–203, title X,
§ 1085(1), (3), July 21, 2010, 124 Stat. 2083.)
AMENDMENTS
2010—Pub. L. 111–203, § 1085(3)(A), substituted ‘‘Promulgation of regulations by the Bureau’’ for ‘‘Regulations’’ in section catchline.
Pub. L. 111–203, § 1085(1), substituted ‘‘Bureau’’ for
‘‘Board’’ wherever appearing.
Subsecs. (a) to (e). Pub. L. 111–203, § 1085(3)(B)–(E), in
subsec. (a), struck out ‘‘(a)’’ designation before ‘‘(1)’’,
redesignated subsec. (a) pars. (1) to (5) as subsecs. (a) to
(e), respectively, in subsec. (c) substituted ‘‘subsection
(b)’’ for ‘‘paragraph (2)’’, and struck out former subsec.
(b), which related to establishment of a Consumer Advisory Council to advise and consult with the Board.
Subsecs. (f), (g). Pub. L. 111–203, § 1085(3)(F), added
subsecs. (f) and (g).
1988—Subsec. (a). Pub. L. 100–533 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Board shall prescribe regulations to carry
out the purposes of this subchapter. These regulations
may contain but are not limited to such classifications,
differentiation, or other provision, and may provide for
such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary
or proper to effectuate the purposes of this subchapter,
to prevent circumvention or evasion thereof, or to facilitate or substantiate compliance therewith. In particular, such regulations may exempt from one or more
of the provisions of this subchapter any class of transactions not primarily for personal, family, or household
purposes, if the Board makes an express finding that
the application of such provision or provisions would
not contribute substantially to carrying out the purposes of this subchapter. Such regulations shall be prescribed as soon as possible after the date of enactment
of this Act, but in no event later than the effective date
of this Act.’’
1976—Pub. L. 94–239 designated existing provisions as
subsec. (a), inserted provisions exempting from regulations of this subchapter any class of transactions not
primarily for personal, family, or household purposes
to be determined by the Board, and added subsec. (b).

2 So

4 So

in original. Probably should be followed by a period.

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TITLE 15—COMMERCE AND TRADE

EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–239 effective Mar. 23, 1976,
see section 708 of Pub. L. 90–321, set out as an Effective
Date note under section 1691 of this title.

§ 1691c. Administrative enforcement
(a) Enforcing agencies
Subject to subtitle B of the Consumer Protection Financial Protection Act of 2010 1 with 2 the
requirements imposed under this subchapter
shall be enforced under:
(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the appropriate
Federal banking agency, as defined in section
3(q) of the Federal Deposit Insurance Act (12
U.S.C. 1813(q)), with respect to—
(A) national banks, Federal savings associations, and Federal branches and Federal
agencies of foreign banks;
(B) member banks of the Federal Reserve
System (other than national banks),
branches and agencies of foreign banks
(other than Federal branches, Federal agencies, and insured State branches of foreign
banks), commercial lending companies
owned or controlled by foreign banks, and
organizations operating under section 25 or
25A of the Federal Reserve Act [12 U.S.C. 601
et seq., 611 et seq.]; and
(C) banks and State savings associations
insured by the Federal Deposit Insurance
Corporation (other than members of the
Federal Reserve System), and insured State
branches of foreign banks;
(2) The Federal Credit Union Act [12 U.S.C.
1751 et seq.], by the Administrator of the National Credit Union Administration with respect to any Federal Credit Union.
(3) Subtitle IV of title 49, by the Secretary of
Transportation, with respect to all carriers
subject to the jurisdiction of the Surface
Transportation Board.
(4) Part A of subtitle VII of title 49, by the
Secretary of Transportation with respect to
any air carrier or foreign air carrier subject to
that part.
(5) The Packers and Stockyards Act, 1921 [7
U.S.C. 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the
Secretary of Agriculture with respect to any
activities subject to that Act.
(6) The Farm Credit Act of 1971 [12 U.S.C.
2001 et seq.], by the Farm Credit Administration with respect to any Federal land bank,
Federal land bank association, Federal intermediate credit bank, and production credit association;
(7) The Securities Exchange Act of 1934 [15
U.S.C. 78a et seq.], by the Securities and Exchange Commission with respect to brokers
and dealers;
1 So in original. Probably should be ‘‘Consumer Financial Protection Act of 2010’’.
2 So in original. Probably should be ‘‘, compliance with’’.

§ 1691c

(8) The Small Business Investment Act of
1958 [15 U.S.C. 661 et seq.], by the Small Business Administration, with respect to small
business investment companies; and
(9) Subtitle E of the Consumer Financial
Protection Act of 2010 [12 U.S.C. 5561 et seq.],
by the Bureau, with respect to any person subject to this subchapter.
The terms used in paragraph (1) that are not defined in this subchapter or otherwise defined in
section 3(s) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(s)) shall have the meaning given
to them in section 1(b) of the International
Banking Act of 1978 (12 U.S.C. 3101).
(b) Violations of subchapter deemed violations of
preexisting statutory requirements; additional agency powers
For the purpose of the exercise by any agency
referred to in subsection (a) of its powers under
any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition
to its powers under any provision of law specifically referred to in subsection (a), each of the
agencies referred to in that subsection may exercise for the purpose of enforcing compliance
with any requirement imposed under this subchapter, any other authority conferred on it by
law. The exercise of the authorities of any of the
agencies referred to in subsection (a) for the
purpose of enforcing compliance with any requirement imposed under this subchapter shall
in no way preclude the exercise of such authorities for the purpose of enforcing compliance
with any other provision of law not relating to
the prohibition of discrimination on the basis of
sex or marital status with respect to any aspect
of a credit transaction.
(c) Overall enforcement authority of Federal
Trade Commission
Except to the extent that enforcement of the
requirements imposed under this subchapter is
specifically committed to some other Government agency under any of paragraphs (1)
through (8) of subsection (a), and subject to subtitle B of the Consumer Financial Protection
Act of 2010, the Federal Trade Commission shall
be authorized to enforce such requirements. For
the purpose of the exercise by the Federal Trade
Commission of its functions and powers under
the Federal Trade Commission Act (15 U.S.C. 41
et seq.), a violation of any requirement imposed
under this subchapter 3 shall be deemed a violation of a requirement imposed under that Act.
All of the functions and powers of the Federal
Trade Commission under the Federal Trade
Commission Act are available to the Federal
Trade Commission to enforce compliance by any
person with the requirements imposed under
this subchapter, irrespective of whether that
person is engaged in commerce or meets any
other jurisdictional tests under the Federal
Trade Commission Act, including the power to
enforce any rule prescribed by the Bureau under
this subchapter in the same manner as if the
3 See

References in Text note below.

§ 1691c

TITLE 15—COMMERCE AND TRADE

Page 1512

violation had been a violation of a Federal
Trade Commission trade regulation rule.
(d) Rules and regulations by enforcing agencies
The authority of the Bureau to issue regulations under this subchapter does not impair the
authority of any other agency designated in this
section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this subchapter.

Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
section of which enacted subtitle IV of Title 49, Transportation.
In subsec. (a)(4), ‘‘Part A of subtitle VII of title 49’’
substituted for ‘‘The Federal Aviation Act of 1958 [49
App. U.S.C. 1301 et seq.]’’ and ‘‘that part’’ substituted
for ‘‘that Act’’ on authority of Pub. L. 103–272, § 6(b),
July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49.

(Pub. L. 90–321, title VII, § 704, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522;
amended Pub. L. 94–239, § 4, Mar. 23, 1976, 90 Stat.
253; Pub. L. 98–443, § 9(n), Oct. 4, 1984, 98 Stat.
1708; Pub. L. 101–73, title VII, § 744(m), Aug. 9,
1989, 103 Stat. 439; Pub. L. 102–242, title II,
§ 212(d), Dec. 19, 1991, 105 Stat. 2300; Pub. L.
102–550, title XVI, § 1604(a)(7), Oct. 28, 1992, 106
Stat. 4082; Pub. L. 104–88, title III, § 315, Dec. 29,
1995, 109 Stat. 948; Pub. L. 111–203, title X,
§ 1085(4), July 21, 2010, 124 Stat. 2084.)

2010—Subsec. (a). Pub. L. 111–203, § 1085(4)(A)(i), substituted ‘‘Subject to subtitle B of the Consumer Protection Financial Protection Act of 2010’’ for ‘‘Compliance’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 111–203, § 1085(4)(A)(ii), added
par. (1) and struck out former par. (1) which read as follows: ‘‘section 8 of the Federal Deposit Insurance Act,
in the case of—
‘‘(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
‘‘(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign
banks), commercial lending companies owned or controlled by foreign banks, and organizations operating
under section 25 or 25(a) of the Federal Reserve Act,
by the Board; and
‘‘(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal
Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal
Deposit Insurance Corporation;’’.
Subsec.
(a)(2)
to
(9).
Pub.
L.
111–203,
§ 1085(4)(A)(ii)–(vi), added par. (9), redesignated former
pars. (3) to (9) as (2) to (8), respectively, and struck out
former par. (2) which read as follows: ‘‘Section 8 of the
Federal Deposit Insurance Act, by the Director of the
Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation.’’
Subsec. (c). Pub. L. 111–203, § 1085(4)(B), added subsec.
(c) and struck out former subsec. (c) which read as follows: ‘‘Except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to some other Government agency
under subsection (a) of this section, the Federal Trade
Commission shall enforce such requirements. For the
purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal
Trade Commission Act, a violation of any requirement
imposed under this subchapter shall be deemed a violation of a requirement imposed under that Act. All of
the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are
available to the Commission to enforce compliance by
any person with the requirements imposed under this
subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act, including
the power to enforce any Federal Reserve Board regulation promulgated under this subchapter in the same
manner as if the violation had been a violation of a
Federal Trade Commission trade regulation rule.’’
Subsec. (d). Pub. L. 111–203, § 1085(4)(C), substituted
‘‘Bureau’’ for ‘‘Board’’.
1995—Subsec. (a)(4). Pub. L. 104–88 substituted ‘‘Secretary of Transportation, with respect to all carriers
subject to the jurisdiction of the Surface Transportation Board’’ for ‘‘Interstate Commerce Commission
with respect to any common carrier subject to those
Acts’’.
1992—Subsec. (a)(1)(C). Pub. L. 102–550 substituted
semicolon for period at end.
1991—Subsec. (a). Pub. L. 102–242, § 212(d)(2), inserted
at end ‘‘The terms used in paragraph (1) that are not
defined in this subchapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C.

REFERENCES IN TEXT
The Consumer Financial Protection Act of 2010, referred to in subsecs. (a) and (c), is title X of Pub. L.
111–203, July 21, 2010, 124 Stat. 1955. Subtitles B
(§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classified generally to parts B (§ 5511 et seq.) and E (§ 5561 et
seq.), respectively, of subchapter V of chapter 53 of
Title 12, Banks and Banking. For complete classification of subtitles B and E to the Code, see Tables.
Sections 25 and 25A of the Federal Reserve Act, referred to in subsec. (a)(1)(B), are classified to subchapters I (§ 601 et seq.) and II (§ 611 et seq.), respectively, of chapter 6 of Title 12, Banks and Banking.
The Federal Credit Union Act, referred to in subsec.
(a)(2), is act June 26, 1934, ch. 750, 48 Stat. 1216, which
is classified generally to chapter 14 (§ 1751 et seq.) of
Title 12. For complete classification of this Act to the
Code, see section 1751 of Title 12 and Tables.
The Packers and Stockyards Act, 1921, referred to in
subsec. (a)(5), is act Aug. 15, 1921, ch. 64, 42 Stat. 159,
which is classified to chapter 9 (§ 181 et seq.) of Title 7,
Agriculture. For complete classification of this Act to
the Code, see section 181 of Title 7 and Tables.
The Farm Credit Act of 1971, referred to in subsec.
(a)(6), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which
is classified generally to chapter 23 (§ 2001 et seq.) of
Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set
out under section 2001 of Title 12 and Tables.
The Securities Exchange Act of 1934, referred to in
subsec. (a)(7), is act June 6, 1934, ch. 404, 48 Stat. 881,
which is classified principally to chapter 2B (§ 78a et
seq.) of this title. For complete classification of this
Act to the Code, see Codification note set out under
section 78a of this title and Tables.
The Small Business Investment Act of 1958, referred
to in subsec. (a)(8), is Pub. L. 85–699, Aug. 21, 1958, 72
Stat. 689, which is classified principally to chapter 14B
(§ 661 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 661 of this title and Tables.
The Federal Trade Commission Act, referred to in
subsec. (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
which is classified generally to subchapter I (§ 41 et
seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title
and Tables.
This subchapter, referred to in subsec. (c) before
‘‘shall be deemed’’, probably should have been a reference to this title in the original, meaning title VII of
Pub. L. 90–321 which is classified generally to this subchapter.
CODIFICATION
In subsec. (a)(3), ‘‘Subtitle IV of title 49’’ substituted
for ‘‘The Acts to regulate commerce’’ on authority of

AMENDMENTS

Page 1513

TITLE 15—COMMERCE AND TRADE

1813(s)) shall have the meaning given to them in section
1(b) of the International Banking Act of 1978 (12 U.S.C.
3101).’’
Pub. L. 102–242, § 212(d)(1), added par. (1) and struck
out former par. (1) which read as follows: ‘‘Section 8 of
Federal Deposit Insurance Act, in the case of—
‘‘(A) national banks, by the Comptroller of the Currency,
‘‘(B) member banks of the Federal Reserve System
(other than national banks), by the Federal Reserve
Board,
‘‘(C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System),
by the Board of Directors of the Federal Deposit Insurance Corporation.’’
1989—Subsec. (a)(2). Pub. L. 101–73 amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘Section 5(d) of the Home Owners’ Loan Act of 1933,
section 407 of the National Housing Act, and sections
6(i) and 17 of the Federal Home Loan Bank Act, by the
Federal Home Loan Bank Board (acting directly or
through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any
of those provisions.’’
1984—Subsec. (a)(5). Pub. L. 98–443 substituted ‘‘Secretary of Transportation’’ for ‘‘Civil Aeronautics
Board’’.
1976—Subsec. (c). Pub. L. 94–239 inserted provisions
giving the Federal Trade Commission power to enforce
any regulation of the Federal Reserve Board promulgated under this subchapter.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 1301 of Title 49, Transportation.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–550 effective as if included
in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see
section 1609(a) of Pub. L. 102–550, set out as a note
under section 191 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–443 effective Jan. 1, 1985,
see section 9(v) of Pub. L. 98–443, set out as a note under
section 5314 of Title 5, Government Organization and
Employees.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–239 effective Mar. 23, 1976,
see section 708 of Pub. L. 90–321, set out as an Effective
Date note under section 1691 of this title.
TRANSFER OF FUNCTIONS
Functions vested in Administrator of National Credit
Union Administration transferred and vested in National Credit Union Administration Board pursuant to
section 1752a of Title 12, Banks and Banking.

§ 1691c–1. Incentives for self-testing and self-correction
(a) Privileged information
(1) Conditions for privilege
A report or result of a self-test (as that term
is defined by regulations of the Bureau) shall
be considered to be privileged under paragraph
(2) if a creditor—

§ 1691c–1

(A) conducts, or authorizes an independent
third party to conduct, a self-test of any aspect of a credit transaction by a creditor, in
order to determine the level or effectiveness
of compliance with this subchapter by the
creditor; and
(B) has identified any possible violation of
this subchapter by the creditor and has
taken, or is taking, appropriate corrective
action to address any such possible violation.
(2) Privileged self-test
If a creditor meets the conditions specified
in subparagraphs (A) and (B) of paragraph (1)
with respect to a self-test described in that
paragraph, any report or results of that selftest—
(A) shall be privileged; and
(B) may not be obtained or used by any applicant, department, or agency in any—
(i) proceeding or civil action in which
one or more violations of this subchapter
are alleged; or
(ii) examination or investigation relating to compliance with this subchapter.
(b) Results of self-testing
(1) In general
No provision of this section may be construed to prevent an applicant, department, or
agency from obtaining or using a report or results of any self-test in any proceeding or civil
action in which a violation of this subchapter
is alleged, or in any examination or investigation of compliance with this subchapter if—
(A) the creditor or any person with lawful
access to the report or results—
(i) voluntarily releases or discloses all,
or any part of, the report or results to the
applicant, department, or agency, or to the
general public; or
(ii) refers to or describes the report or
results as a defense to charges of violations of this subchapter against the creditor to whom the self-test relates; or
(B) the report or results are sought in conjunction with an adjudication or admission
of a violation of this subchapter for the sole
purpose of determining an appropriate penalty or remedy.
(2) Disclosure for determination of penalty or
remedy
Any report or results of a self-test that are
disclosed for the purpose specified in paragraph (1)(B)—
(A) shall be used only for the particular
proceeding in which the adjudication or admission referred to in paragraph (1)(B) is
made; and
(B) may not be used in any other action or
proceeding.
(c) Adjudication
An applicant, department, or agency that
challenges a privilege asserted under this section may seek a determination of the existence
and application of that privilege in—
(1) a court of competent jurisdiction; or
(2) an administrative law proceeding with
appropriate jurisdiction.

§ 1691c–2

TITLE 15—COMMERCE AND TRADE

(Pub. L. 90–321, title VII, § 704A, as added Pub. L.
104–208, div. A, title II, § 2302(a)(1), Sept. 30, 1996,
110 Stat. 3009–420; amended Pub. L. 111–203, title
X, § 1085(1), July 21, 2010, 124 Stat. 2083.)
AMENDMENTS
2010—Subsec. (a)(1). Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’ in introductory provisions.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE
Pub. L. 104–208, div. A, title II, § 2302(c), Sept. 30, 1996,
110 Stat. 3009–423, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the privilege provided for in section 704A of the Equal
Credit Opportunity Act [15 U.S.C. 1691c–1] or section
814A of the Fair Housing Act [42 U.S.C. 3614–1] (as those
sections are added by this section) shall apply to a selftest (as that term is defined pursuant to the regulations prescribed under subsection (a)(2) [set out below]
or (b)(2) of this section [42 U.S.C. 3614–1 note], as appropriate) conducted before, on, or after the effective date
of the regulations prescribed under subsection (a)(2) or
(b)(2), as appropriate.
‘‘(2) EXCEPTION.—The privilege referred to in paragraph (1) does not apply to such a self-test conducted
before the effective date of the regulations prescribed
under subsection (a) or (b), as appropriate, if—
‘‘(A) before that effective date, a complaint against
the creditor or person engaged in residential real estate related lending activities (as the case may be)
was—
‘‘(i) formally filed in any court of competent jurisdiction; or
‘‘(ii) the subject of an ongoing administrative law
proceeding;
‘‘(B) in the case of section 704A of the Equal Credit
Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section; or
‘‘(C) in the case of section 814A of the Fair Housing
Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section.’’
REGULATIONS
Pub. L. 104–208, div. A, title II, § 2302(a)(2), Sept. 30,
1996, 110 Stat. 3009–421, provided that:
‘‘(A) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act [Sept. 30, 1996], in consultation with the Secretary of Housing and Urban Development and the agencies referred to in section 704 of
the Equal Credit Opportunity Act [15 U.S.C. 1691c], and
after providing notice and an opportunity for public
comment, the Board shall prescribe final regulations to
implement section 704A of the Equal Credit Opportunity Act [15 U.S.C. 1691c–1], as added by this section.
‘‘(B) SELF-TEST.—
‘‘(i) DEFINITION.—The regulations prescribed under
subparagraph (A) shall include a definition of the
term ‘self-test’ for purposes of section 704A of the
Equal Credit Opportunity Act, as added by this section.
‘‘(ii) REQUIREMENT FOR SELF-TEST.—The regulations
prescribed under subparagraph (A) shall specify that
a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness
of compliance by a creditor with the Equal Credit Opportunity Act [15 U.S.C. 1691 et seq.].
‘‘(iii) SUBSTANTIAL SIMILARITY TO CERTAIN FAIR
HOUSING ACT REGULATIONS.—The regulations prescribed under subparagraph (A) shall be substantially
similar to the regulations prescribed by the Sec-

Page 1514

retary of Housing and Urban Development to carry
out section 814A(d) of the Fair Housing Act [42 U.S.C.
3614–1(d)], as added by this section.’’

§ 1691c–2. Small business loan data collection
(a) Purpose
The purpose of this section is to facilitate enforcement of fair lending laws and enable communities, governmental entities, and creditors
to identify business and community development needs and opportunities of women-owned,
minority-owned, and small businesses.
(b) Information gathering
Subject to the requirements of this section, in
the case of any application to a financial institution for credit for women-owned, minorityowned, or small business, the financial institution shall—
(1) inquire whether the business is a womenowned, minority-owned, or small business,
without regard to whether such application is
received in person, by mail, by telephone, by
electronic mail or other form of electronic
transmission, or by any other means, and
whether or not such application is in response
to a solicitation by the financial institution;
and
(2) maintain a record of the responses to
such inquiry, separate from the application
and accompanying information.
(c) Right to refuse
Any applicant for credit may refuse to provide
any information requested pursuant to subsection (b) in connection with any application
for credit.
(d) No access by underwriters
(1) Limitation
Where feasible, no loan underwriter or other
officer or employee of a financial institution,
or any affiliate of a financial institution, involved in making any determination concerning an application for credit shall have access
to any information provided by the applicant
pursuant to a request under subsection (b) in
connection with such application.
(2) Limited access
If a financial institution determines that a
loan underwriter or other officer or employee
of a financial institution, or any affiliate of a
financial institution, involved in making any
determination concerning an application for
credit should have access to any information
provided by the applicant pursuant to a request under subsection (b), the financial institution shall provide notice to the applicant of
the access of the underwriter to such information, along with notice that the financial institution may not discriminate on the basis of
such information.
(e) Form and manner of information
(1) In general
Each financial institution shall compile and
maintain, in accordance with regulations of
the Bureau, a record of the information provided by any loan applicant pursuant to a request under subsection (b).

Page 1515

TITLE 15—COMMERCE AND TRADE

(2) Itemization
Information compiled and maintained under
paragraph (1) shall be itemized in order to
clearly and conspicuously disclose—
(A) the number of the application and the
date on which the application was received;
(B) the type and purpose of the loan or
other credit being applied for;
(C) the amount of the credit or credit limit
applied for, and the amount of the credit
transaction or the credit limit approved for
such applicant;
(D) the type of action taken with respect
to such application, and the date of such action;
(E) the census tract in which is located the
principal place of business of the womenowned, minority-owned, or small business
loan applicant;
(F) the gross annual revenue of the business in the last fiscal year of the womenowned, minority-owned, or small business
loan applicant preceding the date of the application;
(G) the race, sex, and ethnicity of the principal owners of the business; and
(H) any additional data that the Bureau
determines would aid in fulfilling the purposes of this section.
(3) No personally identifiable information
In compiling and maintaining any record of
information under this section, a financial institution may not include in such record the
name, specific address (other than the census
tract required under paragraph (1)(E)),1 telephone number, electronic mail address, or any
other personally identifiable information concerning any individual who is, or is connected
with, the women-owned, minority-owned, or
small business loan applicant.
(4) Discretion to delete or modify publicly
available data
The Bureau may, at its discretion, delete or
modify data collected under this section which
is or will be available to the public, if the Bureau determines that the deletion or modification of the data would advance a privacy interest.
(f) Availability of information
(1) Submission to Bureau
The data required to be compiled and maintained under this section by any financial institution shall be submitted annually to the
Bureau.
(2) Availability of information
Information compiled and maintained under
this section shall be—
(A) retained for not less than 3 years after
the date of preparation;
(B) made available to any member of the
public, upon request, in the form required
under regulations prescribed by the Bureau;
(C) annually made available to the public
generally by the Bureau, in such form and in
such manner as is determined by the Bureau,
by regulation.
1 So

in original. Probably should be ‘‘(2)(E)),’’.

§ 1691c–2

(3) Compilation of aggregate data
The Bureau may, at its discretion—
(A) compile and aggregate data collected
under this section for its own use; and
(B) make public such compilations of aggregate data.
(g) Bureau action
(1) In general
The Bureau shall prescribe such rules and
issue such guidance as may be necessary to
carry out, enforce, and compile data pursuant
to this section.
(2) Exceptions
The Bureau, by rule or order, may adopt exceptions to any requirement of this section
and may, conditionally or unconditionally, exempt any financial institution or class of financial institutions from the requirements of
this section, as the Bureau deems necessary or
appropriate to carry out the purposes of this
section.
(3) Guidance
The Bureau shall issue guidance designed to
facilitate compliance with the requirements of
this section, including assisting financial institutions in working with applicants to determine whether the applicants are womenowned, minority-owned, or small businesses
for purposes of this section.
(h) Definitions
For purposes of this section, the following
definitions shall apply:
(1) Financial institution
The term ‘‘financial institution’’ means any
partnership, company, corporation, association (incorporated or unincorporated), trust,
estate, cooperative organization, or other entity that engages in any financial activity.
(2) Small business
The term ‘‘small business’’ has the same
meaning as the term ‘‘small business concern’’
in section 632 of this title.
(3) Small business loan
The term ‘‘small business loan’’ means a
loan made to a small business.
(4) Minority
The term ‘‘minority’’ has the same meaning
as in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989.
(5) Minority-owned business
The term ‘‘minority-owned business’’ means
a business—
(A) more than 50 percent of the ownership
or control of which is held by 1 or more minority individuals; and
(B) more than 50 percent of the net profit
or loss of which accrues to 1 or more minority individuals.
(6) Women-owned business
The term ‘‘women-owned business’’ means a
business—
(A) more than 50 percent of the ownership
or control of which is held by 1 or more
women; and

§ 1691d

TITLE 15—COMMERCE AND TRADE

(B) more than 50 percent of the net profit
or loss of which accrues to 1 or more women.
(Pub. L. 90–321, title VII, § 704B, as added Pub. L.
111–203, title X, § 1071(a), July 21, 2010, 124 Stat.
2056.)
REFERENCES IN TEXT
Section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred
to in subsec. (h)(4), is section 1204(c)(3) of Pub. L. 101–73,
which is set out as a note under section 1811 of Title 12,
Banks and Banking.
EFFECTIVE DATE
Section effective on the designated transfer date, see
section 1071(d) of Pub. L. 111–203, set out as an Effective
Date of 2010 Amendment note under section 1691 of this
title.

§ 1691d. Applicability of other laws
(a) Requests for signature of husband and wife
for creation of valid lien, etc.
A request for the signature of both parties to
a marriage for the purpose of creating a valid
lien, passing clear title, waiving inchoate rights
to property, or assigning earnings, shall not constitute discrimination under this subchapter:
Provided, however, That this provision shall not
be construed to permit a creditor to take sex or
marital status into account in connection with
the evaluation of creditworthiness of any applicant.
(b) State property laws affecting creditworthiness
Consideration or application of State property
laws directly or indirectly affecting creditworthiness shall not constitute discrimination
for purposes of this subchapter.
(c) State laws prohibiting separate extension of
consumer credit to husband and wife
Any provision of State law which prohibits the
separate extension of consumer credit to each
party to a marriage shall not apply in any case
where each party to a marriage voluntarily applies for separate credit from the same creditor:
Provided, That in any case where such a State
law is so preempted, each party to the marriage
shall be solely responsible for the debt so contracted.
(d) Combining credit accounts of husband and
wife with same creditor to determine permissible finance charges or loan ceilings under
Federal or State laws
When each party to a marriage separately and
voluntarily applies for and obtains separate
credit accounts with the same creditor, those
accounts shall not be aggregated or otherwise
combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United
States.
(e) Election of remedies under subchapter or
State law; nature of relief determining applicability
Where the same act or omission constitutes a
violation of this subchapter and of applicable
State law, a person aggrieved by such conduct
may bring a legal action to recover monetary

Page 1516

damages either under this subchapter or under
such State law, but not both. This election of
remedies shall not apply to court actions in
which the relief sought does not include monetary damages or to administrative actions.
(f) Compliance with inconsistent State laws; determination of inconsistency
This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with,
the laws of any State with respect to credit discrimination, except to the extent that those
laws are inconsistent with any provision of this
subchapter, and then only to the extent of the
inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The
Bureau may not determine that any State law is
inconsistent with any provision of this subchapter if the Bureau determines that such law
gives greater protection to the applicant.
(g) Exemption by regulation of credit transactions covered by State law; failure to comply with State law
The Bureau shall by regulation exempt from
the requirements of sections 1691 and 1691a of
this title any class of credit transactions within
any State if it determines that under the law of
that State that class of transactions is subject
to requirements substantially similar to those
imposed under this subchapter or that such law
gives greater protection to the applicant, and
that there is adequate provision for enforcement. Failure to comply with any requirement
of such State law in any transaction so exempted shall constitute a violation of this subchapter
for the purposes of section 1691e of this title.
(Pub. L. 90–321, title VII, § 705, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1523;
amended Pub. L. 94–239, § 5, Mar. 23, 1976, 90 Stat.
253; Pub. L. 111–203, title X, § 1085(1), July 21,
2010, 124 Stat. 2083.)
AMENDMENTS
2010—Subsecs. (f), (g). Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing.
1976—Subsec. (e). Pub. L. 94–239, § 5(1), substituted
provisions requiring an election of remedies in legal actions involving the recovery of monetary damages, for
provisions specifying a general election of remedies.
Subsecs. (f), (g). Pub. L. 94–239, § 5(2), added subsecs.
(f) and (g).
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–239 effective Mar. 23, 1976,
see section 708 of Pub. L. 90–321, set out as an Effective
Date note under section 1691 of this title.

§ 1691e. Civil liability
(a) Individual or class action for actual damages
Any creditor who fails to comply with any requirement imposed under this subchapter shall
be liable to the aggrieved applicant for any actual damages sustained by such applicant acting
either in an individual capacity or as a member
of a class.

Page 1517

TITLE 15—COMMERCE AND TRADE

(b) Recovery of punitive damages in individual
and class action for actual damages; exemptions; maximum amount of punitive damages
in individual actions; limitation on total recovery in class actions; factors determining
amount of award
Any creditor, other than a government or governmental subdivision or agency, who fails to
comply with any requirement imposed under
this subchapter shall be liable to the aggrieved
applicant for punitive damages in an amount
not greater than $10,000, in addition to any actual damages provided in subsection (a), except
that in the case of a class action the total recovery under this subsection shall not exceed the
lesser of $500,000 or 1 per centum of the net
worth of the creditor. In determining the
amount of such damages in any action, the
court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of
compliance by the creditor, the resources of the
creditor, the number of persons adversely affected, and the extent to which the creditor’s
failure of compliance was intentional.
(c) Action for equitable and declaratory relief
Upon application by an aggrieved applicant,
the appropriate United States district court or
any other court of competent jurisdiction may
grant such equitable and declaratory relief as is
necessary to enforce the requirements imposed
under this subchapter.
(d) Recovery of costs and attorney fees
In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection.
(e) Good faith compliance with rule, regulation,
or interpretation of Bureau or interpretation
or approval by an official or employee of Bureau of Consumer Financial Protection duly
authorized by Bureau
No provision of this subchapter imposing liability shall apply to any act done or omitted in
good faith in conformity with any official rule,
regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or
approval by an official or employee of the Bureau of Consumer Financial Protection duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the
Bureau may prescribe therefor, notwithstanding
that after such act or omission has occurred,
such rule, regulation, interpretation, or approval is amended, rescinded, or determined by
judicial or other authority to be invalid for any
reason.
(f) Jurisdiction of courts; time for maintenance
of action; exceptions
Any action under this section may be brought
in the appropriate United States district court
without regard to the amount in controversy, or
in any other court of competent jurisdiction. No
such action shall be brought later than 5 years
after the date of the occurrence of the violation,
except that—

§ 1691e

(1) whenever any agency having responsibility for administrative enforcement under section 1691c of this title commences an enforcement proceeding within 5 years after the date
of the occurrence of the violation,
(2) whenever the Attorney General commences a civil action under this section within
5 years after the date of the occurrence of the
violation,
then any applicant who has been a victim of the
discrimination which is the subject of such proceeding or civil action may bring an action
under this section not later than one year after
the commencement of that proceeding or action.
(g) Request by responsible enforcement agency
to Attorney General for civil action
The agencies having responsibility for administrative enforcement under section 1691c of this
title, if unable to obtain compliance with section 1691 of this title, are authorized to refer the
matter to the Attorney General with a recommendation that an appropriate civil action be
instituted. Each agency referred to in paragraphs (1), (2), and (9) of section 1691c(a) of this
title shall refer the matter to the Attorney General whenever the agency has reason to believe
that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of section
1691(a) of this title. Each such agency may refer
the matter to the Attorney General whenever
the agency has reason to believe that 1 or more
creditors has violated section 1691(a) of this
title.
(h) Authority for Attorney General to bring civil
action; jurisdiction
When a matter is referred to the Attorney
General pursuant to subsection (g), or whenever
he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this subchapter, the Attorney General
may bring a civil action in any appropriate
United States district court for such relief as
may be appropriate, including actual and punitive damages and injunctive relief.
(i) Recovery under both subchapter and fair
housing enforcement provisions prohibited
for violation based on same transaction
No person aggrieved by a violation of this subchapter and by a violation of section 3605 of title
42 shall recover under this subchapter and section 3612 1 of title 42, if such violation is based on
the same transaction.
(j) Discovery of creditor’s granting standards
Nothing in this subchapter shall be construed
to prohibit the discovery of a creditor’s credit
granting standards under appropriate discovery
procedures in the court or agency in which an
action or proceeding is brought.
(k) Notice to HUD of violations
Whenever an agency referred to in paragraph
(1), (2), or (3) 1 of section 1691c(a) of this title—
(1) has reason to believe, as a result of receiving a consumer complaint, conducting a
consumer compliance examination, or other1 See

References in Text note below.

§ 1691f

TITLE 15—COMMERCE AND TRADE

wise, that a violation of this subchapter has
occurred;
(2) has reason to believe that the alleged violation would be a violation of the Fair Housing Act [42 U.S.C. 3601 et seq.]; and
(3) does not refer the matter to the Attorney
General pursuant to subsection (g),
the agency shall notify the Secretary of Housing
and Urban Development of the violation, and
shall notify the applicant that the Secretary of
Housing and Urban Development has been notified of the alleged violation and that remedies
for the violation may be available under the
Fair Housing Act.
(Pub. L. 90–321, title VII, § 706, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1524;
amended Pub. L. 94–239, § 6, Mar. 23, 1976, 90 Stat.
253; Pub. L. 102–242, title II, § 223(a)–(c), Dec. 19,
1991, 105 Stat. 2306; Pub. L. 111–203, title X,
§ 1085(1), (5)–(7), July 21, 2010, 124 Stat. 2083, 2085.)
REFERENCES IN TEXT
Section 3612 of title 42, referred to in subsec. (i),
which related to enforcement of the Fair Housing Act
(42 U.S.C. 3601 et seq.) by private persons, was repealed
by Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1625.
See section 3613 of Title 42, The Public Health and Welfare.
Paragraph (1), (2), or (3) of section 1691c(a) of this
title, referred to in subsec. (k), probably means par. (1),
(2), or (3) of section 1691c(a) of this title prior to repeal
of pars. (1) and (2), enactment of new pars. (1) and (9),
and redesignation of par. (3) as (2) by Pub. L. 111–203,
title X, § 1085(4)(A)(ii)–(vi), July 21, 2010, 124 Stat. 2084.
The Fair Housing Act, referred to in subsec. (k), is
title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81,
which is classified principally to subchapter I (§ 3601 et
seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set
out under section 3601 of Title 42 and Tables.
AMENDMENTS
2010—Subsec. (e). Pub. L. 111–203, § 1085(5)(B), substituted ‘‘Bureau of Consumer Financial Protection’’
for ‘‘Federal Reserve System’’ in text.
Pub. L. 111–203, § 1085(5)(A), which directed amendment of ‘‘subsection heading’’ by substituting ‘‘Bureau’’ for ‘‘Board’’ wherever appearing and ‘‘Bureau of
Consumer Financial Protection’’ for ‘‘Federal Reserve
System’’, was executed by making the substitutions in
heading that had been supplied editorially, to reflect
the probable intent of Congress.
Pub. L. 111–203, § 1085(1), substituted ‘‘Bureau’’ for
‘‘Board’’ wherever appearing.
Subsec. (f). Pub. L. 111–203, § 1085(7), substituted ‘‘5
years after’’ for ‘‘two years from’’ wherever appearing.
Subsec. (g). Pub. L. 111–203, § 1085(6), substituted ‘‘(9)’’
for ‘‘(3)’’.
1991—Subsec. (g). Pub. L. 102–242, § 223(a), inserted at
end ‘‘Each agency referred to in paragraphs (1), (2), and
(3) of section 1691c(a) of this title shall refer the matter
to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in
a pattern or practice of discouraging or denying applications for credit in violation of section 1691(a) of this
title. Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated section
1691(a) of this title.’’
Subsec. (h). Pub. L. 102–242, § 223(b), inserted ‘‘actual
and punitive damages and’’ after ‘‘be appropriate, including’’.
Subsec. (k). Pub. L. 102–242, § 223(c), added subsec. (k).
1976—Subsec. (a). Pub. L. 94–239 substituted reference
to member for reference to representative.
Subsec. (b). Pub. L. 94–239 inserted provisions exempting government or governmental subdivision or agency

Page 1518

from requirements of this subchapter, incorporated
provisions contained in former subsec. (c) relating to
recovery in class actions and, as incorporated, raised
the total amount of recovery under a class action from
$100,000 to $500,000.
Subsec. (c). Pub. L. 94–239 redesignated subsec. (d) as
(c) and specified United States district court or other
court of competent jurisdiction as court in which to
bring action, and substituted provisions authorizing
such court to grant equitable and declaratory relief, for
provisions authorizing civil actions for preventive relief. Provisions of former subsec. (c) were incorporated
into present subsec. (b) and amended.
Subsec. (d). Pub. L. 94–239 redesignated subsec. (e) as
(d) and made minor changes in phraseology. Former
subsec. (d) redesignated (c) and amended.
Subsec. (e). Pub. L. 94–239 redesignated subsec. (f) as
(e) and inserted reference to officially promulgated
rule, regulation, or interpretation and provisions relating to approval and interpretations by an official or
employee of the Federal Reserve System duly authorized by the Board. Former subsec. (e) redesignated (d)
and amended.
Subsec. (f). Pub. L. 94–239 redesignated subsec. (g) as
(f) and inserted provisions which substituted a two year
limitation for one year limitation and provisions extending time in which to bring action under enumerated conditions. Former subsec. (f) redesignated (e) and
amended.
Subsecs. (g) to (j). Pub. L. 94–239 added subsecs. (g) to
(j). Former subsec. (g) redesignated (f) and amended.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–239 effective Mar. 23, 1976,
see section 708 of Pub. L. 90–321, set out as an Effective
Date note under section 1691 of this title.

§ 1691f. Annual reports to Congress; contents
Each year, the Bureau and the Attorney General shall, respectively, make reports to the
Congress concerning the administration of their
functions under this subchapter, including such
recommendations as the Bureau and the Attorney General, respectively, deem necessary or appropriate. In addition, each report of the Bureau
shall include its assessment of the extent to
which compliance with the requirements of this
subchapter is being achieved, and a summary of
the enforcement actions taken by each of the
agencies assigned administrative enforcement
responsibilities under section 1691c of this title.
(Pub. L. 90–321, title VII, § 707, as added Pub. L.
94–239, § 7, Mar. 23, 1976, 90 Stat. 255; amended
Pub. L. 96–221, title VI, § 610(c), Mar. 31, 1980, 94
Stat. 174; Pub. L. 111–203, title X, § 1085(1), July
21, 2010, 124 Stat. 2083.)
AMENDMENTS
2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for
‘‘Board’’ wherever appearing.
1980—Pub. L. 96–221 substituted ‘‘Each year’’ for ‘‘Not
later than February 1 of each year after 1976’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–221 effective on expiration
of two years and six months after Mar. 31, 1980, with all

Page 1519

TITLE 15—COMMERCE AND TRADE

regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to
such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board
prior to such effective date, see section 625 of Pub. L.
96–221, set out as a note under section 1602 of this title.
EFFECTIVE DATE
Section effective Mar. 23, 1976, see section 708 of Pub.
L. 90–321, set out as a note under section 1691 of this
title.

SUBCHAPTER V—DEBT COLLECTION
PRACTICES
§ 1692. Congressional findings and declaration of
purpose
(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of
personal bankruptcies, to marital instability, to
the loss of jobs, and to invasions of individual
privacy.
(b) Inadequacy of laws
Existing laws and procedures for redressing
these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other
abusive debt collection practices are available
for the effective collection of debts.
(d) Interstate commerce
Abusive debt collection practices are carried
on to a substantial extent in interstate commerce and through means and instrumentalities
of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
(e) Purposes
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt
collectors, to insure that those debt collectors
who refrain from using abusive debt collection
practices are not competitively disadvantaged,
and to promote consistent State action to protect consumers against debt collection abuses.
(Pub. L. 90–321, title VIII, § 802, as added Pub. L.
95–109, Sept. 20, 1977, 91 Stat. 874.)
EFFECTIVE DATE
Pub. L. 90–321, title VIII, § 819, formerly § 818, as added
by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 883, § 818; renumbered § 819, Pub. L. 109–351, title VIII, § 801(a)(1),
Oct. 13, 2006, 120 Stat. 2004, provided that: ‘‘This title
[enacting this subchapter] takes effect upon the expiration of six months after the date of its enactment
[Sept. 20, 1977], but section 809 [section 1692g of this
title] shall apply only with respect to debts for which
the initial attempt to collect occurs after such effective date.’’
SHORT TITLE
This subchapter known as the ‘‘Fair Debt Collection
Practices Act’’, see Short Title note set out under section 1601 of this title.

§ 1692a. Definitions
As used in this subchapter—

§ 1692a

(1) The term ‘‘Bureau’’ means the Bureau of
Consumer Financial Protection.
(2) The term ‘‘communication’’ means the
conveying of information regarding a debt directly or indirectly to any person through any
medium.
(3) The term ‘‘consumer’’ means any natural
person obligated or allegedly obligated to pay
any debt.
(4) The term ‘‘creditor’’ means any person
who offers or extends credit creating a debt or
to whom a debt is owed, but such term does
not include any person to the extent that he
receives an assignment or transfer of a debt in
default solely for the purpose of facilitating
collection of such debt for another.
(5) The term ‘‘debt’’ means any obligation or
alleged obligation of a consumer to pay money
arising out of a transaction in which the
money, property, insurance, or services which
are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been
reduced to judgment.
(6) The term ‘‘debt collector’’ means any
person who uses any instrumentality of interstate commerce or the mails in any business
the principal purpose of which is the collection of any debts, or who regularly collects or
attempts to collect, directly or indirectly,
debts owed or due or asserted to be owed or
due another. Notwithstanding the exclusion
provided by clause (F) of the last sentence of
this paragraph, the term includes any creditor
who, in the process of collecting his own debts,
uses any name other than his own which
would indicate that a third person is collecting or attempting to collect such debts. For
the purpose of section 1692f(6) of this title,
such term also includes any person who uses
any instrumentality of interstate commerce
or the mails in any business the principal purpose of which is the enforcement of security
interests. The term does not include—
(A) any officer or employee of a creditor
while, in the name of the creditor, collecting
debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are
related by common ownership or affiliated
by corporate control, if the person acting as
a debt collector does so only for persons to
whom it is so related or affiliated and if the
principal business of such person is not the
collection of debts;
(C) any officer or employee of the United
States or any State to the extent that collecting or attempting to collect any debt is
in the performance of his official duties;
(D) any person while serving or attempting
to serve legal process on any other person in
connection with the judicial enforcement of
any debt;
(E) any nonprofit organization which, at
the request of consumers, performs bona fide
consumer credit counseling and assists consumers in the liquidation of their debts by
receiving payments from such consumers
and distributing such amounts to creditors;
and
(F) any person collecting or attempting to
collect any debt owed or due or asserted to