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Consumer Fair Credit Probe Information

SUBCHAPTER I -CONSUMER CREDIT COST DISCLOSURE PART A - GENERAL PROVISIONS Sec.

1601. Congressional findings and declaration of purpose.

(a) Informed use of credit.

(b) Terms of personal property leases.

1602. Definitions and rules of construction.

1603. Exempted transactions.

1604. Disclosure guidelines.

(a) Promulgation, contents, etc., of regulations.

(b) Model disclosure forms and clauses; publication, criteria, compliance, etc.

(c) Procedures applicable for adoption of model forms and clauses.

(d) Effective dates of regulations containing new disclosure requirements.

(f) Exemption authority.

(g) Waiver for certain borrowers.

1605. Determination of finance charge.

(a) ''Finance charge'' defined.

(b) Life, accident, or health insurance premiums included in finance charge.

(c) Property damage and liability insurance premiums included in finance charge.

(d) Items exempted from computation of finance charge in all credit transactions.

(e) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property.

(f) Tolerances for accuracy.

1606. Determination of annual percentage rate.

(a) ''Annual percentage rate'' defined.

(b) Computation of rate of finance charges for balances within a specified range.

(c) Allowable tolerances for purposes of compliance with disclosure requirements.

(d) Use of rate tables or charts having allowable variance from determined rates.

(e) Authorization of tolerances in determining annual percentage rates.

1607. Administrative enforcement.

(a) Enforcing agencies.

(b) Violations of this subchapter deemed violations of preexisting statutory requirements; additional agency powers.

(c) Federal Trade Commission as overall enforcing agency.

(d) Rules and regulations.

(e) Adjustment of finance charges; procedures applicable, coverage, criteria, etc.

1608. Views of other agencies. 1609. Repealed. 1610. Effect on other laws.

(a) Inconsistent provisions; procedures applicable for determination.

(b) State credit charge statutes.

(c) Disclosure as evidence.

(d) Contract or other obligations under State or Federal law.

(e) Certain credit and charge card application and solicitation disclosure provisions.

1611. Criminal liability for willful and knowing violation.

1612. Effect on government agencies.

(a) Consultation requirements respecting compliance of credit instruments issued to participating creditor.

(b) Inapplicability of Federal civil or criminal penalties to Federal, State, and local agencies.

(c) Inapplicability of Federal civil or criminal penalties to participating creditor where violating instrument issued by United States .

(d) Applicability of State penalties to violations by participating creditor.

1613. Annual reports to Congress by Board.

1614. Repealed.

1615. Prohibition on use of ''Rule of 78's'' in connection with mortgage refinancing and other consumer loans.

(a) Prompt refund of unearned interest required.

(b) Use of ''Rule of 78's ''prohibited.

(c) Statement of prepayment amount.

(d) Definitions.

PART B -CREDIT TRANSACTIONS

1631. Disclosure requirements.

(a) Duty of creditor or lessor respecting one or more than one obligor.

(b) Creditor or lessor required to make disclosure.

(c) Estimates as satisfying statutory requirements; basis of disclosure for per diem interest.

(d) Tolerances for numerical disclosures.

1632. Form of disclosure; additional information.

(a) Information clearly and conspicuously disclosed; ''annual percentage rate'' and ''finance charge''; order of disclosures and use of different terminology.

(b) Optional information by creditor or lessor.

(c) Tabular format required for certain disclosures under section 1637 (c).

1633. Exemption for State-regulated transactions.

1634. Effect of subsequent occurrence.

1635. Right of rescission as to certain transactions.

(a) Disclosure of obligor's right to rescind.

(b) Return of money or property following rescission.

(c) Refutable presumption of delivery of required disclosures.

(d) Modification and waiver of rights.

(e) Exempted transactions; reapplication of provisions.

(f) Time limit for exercise of right.

(g) Additional relief.

(h) Limitation on rescission.

(i) Rescission rights in foreclosure.

1636. Repealed.

1637. Open end consumer credit plans.

(a) Required disclosures by creditor.

(b) Statement required with each billing cycle.

(c) Disclosure in credit and charge card applications and solicitations.

(d) Disclosure prior to renewal.

(e) Other rules for disclosures under subsections (c) and (d).

(f) Disclosure of range of certain fees which vary by State allowed.

(g) Insurance in connection with certain open end credit card plans.

1637a. Disclosure requirements for open end consumer credit plans secured by consumer's principal dwelling.

(a) Application disclosures.

(b) Time and form of disclosures.

(c) Third party applications.

(d) ''Principal dwelling'' defined.

(e) Pamphlet.

1638. Transactions other than under an open end credit plan.

(a) Required disclosures by creditor.

(b) Form and timing of disclosures; residential mortgage transaction requirements.

(c) Timing of disclosures on unsolicited mailed or telephone purchase orders or loan requests.

(d) Timing of disclosure in cases of an addition of a deferred payment price to an existing outstanding balance.

1639. Requirements for certain mortgages.

(a) Disclosures.

(b) Time of disclosures.

(c) No prepayment penalty.

(d) Limitations after default.

(e) No balloon payments.

(f) No negative amortization.

(g) No prepaid payments.

(h) Prohibition on extending credit without regard to payment ability of consumer.

(i) Requirements for payments under home improvement contracts.

(j) Consequence of failure to comply.

(k) ''Affiliate'' defined.

(l) Discretionary regulatory authority of Board.

1640. Civil liability.

(a) Individual or class action for damages; amount of award; factors determining amount of award.

(b) Correction of errors.

(c) Unintentional violations; bona fide errors.

(d) Liability in transaction or lease involving multiple obligors.

(e) Jurisdiction of courts; limitations on actions; State attorney general enforcement.

(f) Good faith compliance with rule, regulation, or interpretation of Board or with interpretation or

approval of duly authorized official or employee of Federal Reserve System.

(g) Recovery for multiple failures to disclose.

(h) Offset from amount owed to creditor or assignee; rights of defaulting consumer.

(i) Class action moratorium.

1641. Liability of assignees.

(a) Prerequisites.

(b) Proof of compliance with statutory provisions.

(c) Right of rescission by consumer unaffected.

(d) Rights upon assignment of certain mortgages.

(e) Liability of assignee for consumer credit transactions secured by real property.

(f) Treatment of servicer.

1642. Issuance of credit cards.

1643. Liability of holder of credit card.

(a) Limits on liability.

(b) Burden of proof.

(c) Liability imposed by other laws or by agreement with issuer.

(d) Exclusiveness of liability.

1644. Fraudulent use of credit cards; penalties.

(a) Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce.

(b) Transporting, attempting or conspiring to transport card in interstate commerce.

(c) Use of interstate commerce to sell or transport card.

(d) Receipt, concealment, etc., of goods obtained by use of card.

(e) Receipt, concealment, etc., of tickets for interstate or foreign transportation obtained by use of card.

(f) Furnishing of money, etc., through use of card.

1645. Business credit cards; limits on liability of employees.

1646. Dissemination of annual percentage rates; implementation, etc.

(a) Annual percentage rates.

(b) Credit card price and availability information.

(c) Implementation.

1647. Home equity plans.

(a) Index requirement.

(b) Grounds for acceleration of outstanding balance.

(c) Change in terms.

(d) Terms changed after application.

(e) Additional requirements relating to refunds and imposition of nonrefundable fees.

1648. Reverse mortgages.

(a) In general.

(b) Projected total cost.

1649. Certain limitations on liability.

(a) Limitations on liability.

(b) Exceptions.

PART C - CREDIT ADVERTISING 1661. Catalogs and multiple-page advertisements.

1662. Advertising of down payments and installments.

1663. Advertising of open end credit plans.

1664. Advertising of credit other than open end plans.

(a) Exclusion of open end credit plans.

(b) Advertisements of residential real estate.

(c) Rate of finance charge expressed as annual percentage rate.

(d) Requisite disclosures in advertisement.

1665. Nonliability of advertising media.

1665a. Use of annual percentage rate in oral disclosures; exceptions.

1665b. Advertising of open end consumer credit plans secured by consumer's principal dwelling.

(a) In general.

(b) Tax deductibility.

(c) Certain terms prohibited.

(d) Discounted initial rate.

(e) Balloon payment.

(f) ''Balloon payment'' defined.

PART D - CREDIT BILLING

1666. Correction of billing errors.

(a) Written notice by obligor to creditor; time for and contents of notice; procedure upon receipt of notice

by creditor.

(b) Billing error.

(c) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error.

(d) Restricting or closing by creditor of account regarded by obligor to contain a billing error.

(e) Effect of noncompliance with requirements by creditor.

1666a. Regulation of credit reports.

(a) Reports by creditor on obligor's failure to pay amount regarded as billing error.

(b) Reports by creditor on delinquent amounts in dispute; notification of obligor of parties notified

of delinquency.

(c) Reports by creditor of subsequent resolution of delinquent amounts.

1666b. Length of billing period in credit statement for imposition of finance charge; effect of failure of timely mailing or delivery of statement.

(a) Additional finance charge.

(b) Excusable cause.

1666c. Prompt crediting of payments; imposition of finance charge.

1666d. Treatment of credit balances.

1666e. Notification of credit card issuer by seller of return of goods, etc., by obligor; credit for account of obligor.

1666f. Inducements to cardholders by sellers of cash discounts for payments by cash, check or similar means; credit card surcharge prohibition; finance charge for sales transactions involving cash discounts.

(a) Cash discounts.

(b) Finance charge. 1666g. Tie-in services prohibited for issuance of credit card.

1666h. Offset of cardholder's indebtedness by issuer of credit card with funds deposited with issuer by cardholder; remedies of creditors under State law not affected.

(a) Offset against consumer's funds.

(b) Attachments and levies.

1666i. Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction; prerequisites; limitation on amount of claims or defenses.

(a) Claims and defenses assertable.

(b) Amount of claims and defenses assertable. 1666j. Applicability of State laws.

(a) Consistency of provisions

(b) Exemptions by Board from credit billing requirements.

(c) Finance charge or other charge for credit for sales transactions involving cash discounts.

PART E - CONSUMER LEASES 1667. Definitions.

1667a. Consumer lease disclosures.

1667b. Lessee's liability on expiration or termination of lease.

(a) Estimated residual value of property as basis; presumptions; action by lessor for excess liability; mutually agreeable final adjustment.

(b) Penalties and charges for delinquency,

default, or early termination.

(c) Independent professional appraisal of residual value of property at termination of lease; finality.

1667c. Consumer lease advertising; liability of advertising media.

(a) In general.

(b) Advertising medium not liable.

(c) Radio advertisements.

1667d. Civil liability of lessors.

(a) Grounds for maintenance of action.

(b) Additional grounds for maintenance of action; ''creditor'' defined.

(c) Jurisdiction of courts; time limitation.

1667e. Applicability of State laws; exemptions by Board from leasing requirements.

1667f. Regulations.

(a) Regulations authorized.

(b) Model disclosure.

SUBCHAPTER II - RESTRICTIONS ON GARNISHMENT 1671. Congressional findings and declaration of purpose.

(a)Disadvantages of garnishment.

(b) Necessity for regulation.

1672. Definitions.

1673. Restriction on garnishment.

(a) Maximum allowable garnishment.

(b) Exceptions.

(c) Execution or enforcement of garnishment order or process prohibited.

1674. Restriction on discharge from employment by reason of garnishment.

(a) Termination of employment.

(b) Penalties.

1675. Exemption for State-regulated garnishments.

1676. Enforcement by Secretary of Labor.

1677. Effect on State laws.

SUBCHAPTER II-A - CREDIT REPAIR ORGANIZATIONS

1679. Findings and purposes.

(a) Findings.

(b)Purposes.

1679a. Definitions.

1679b. Prohibited practices.

(a) In general.

(b) Payment in advance.

1679c. Disclosures.

(a) Disclosure required.

(b) Separate statement requirement.

(c) Retention of compliance records.

1679d. Credit repair organizations contracts.

(a) Written contracts required.

(b) Terms and conditions of contract.

1679e. Right to cancel contract.

(a) In general.

(b) Cancellation form and other information.

(c) Consumer copy of contract required.

1679f. Noncompliance with this subchapter.

(a) Consumer waivers invalid.

(b) Attempt to obtain waiver.

(c) Contracts not in compliance.

1679g. Civil liability.

(a) Liability established.

(b) Factors to be considered in awarding punitive damages.

1679h. Administrative enforcement.

(a) In general.

(b) Violations of this subchapter treated as violations of Federal Trade Commission Act.

(c) State action for violations.

1679i. Statute of limitations.

1679j. Relation to State law.

SUBCHAPTER III- CREDIT REPORTING AGENCIES 1681. Congressional findings and statement of purpose.

(a) Accuracy and fairness of credit reporting.

(b) Reasonable procedures.

1681a. Definitions; rules of construction.

1681b. Permissible purposes of consumer reports.

(a) In general.

(b) Conditions for furnishing and using consumer reports for employment purposes.

(c) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer.

(d) Reserved.

(e) Election of consumer to be excluded from lists.

(f) Certain use or obtaining of information prohibited.

(g) Furnishing reports containing medical information.

1681c. Requirements relating to information contained in consumer reports.

(a) Information excluded from consumer reports.

(b) Exempted cases.

(c) Running of reporting period.

(d) Information required to be disclosed.

(e) Indication of closure of account by consumer.

(f) Indication of dispute by consumer.

1681d. Disclosure of investigative consumer reports.

(a) Disclosure of fact of preparation.

(b) Disclosure on request of nature and scope of investigation.

(c) Limitation on liability upon showing of reasonable procedures for compliance with provisions.

(d) Prohibitions.

1681e. Compliance procedures.

(a) Identity and purposes of credit users.

(b) Accuracy of report.

(c) Disclosure of consumer reports by users allowed.

(d) Notice to users and furnishers of information.

(e) Procurement of consumer report for resale.

1681f. Disclosures to governmental agencies.

1681g. Disclosures to consumers.

(a) Information on file; sources; report recipients.

(b) Exempt information.

(c) Summary of rights required to be included with disclosure.

1681h. Conditions and form of disclosure to consumers.

(a) In general.

(b)Other forms of disclosure.

(c) Trained personnel.

(d) Persons accompanying consumer.

(e) Limitation of liability.

1681i. Procedure in case of disputed accuracy.

(a) Reinvestigations of disputed information.

(b) Statement of dispute.

(c) Notification of consumer dispute in subsequent consumer reports.

(d) Notification of deletion of disputed information.

1681j. Charges for certain disclosures.

(a) Reasonable charges allowed for certain disclosures.

(b) Free disclosure after adverse notice to consumer.

(c) Free disclosure under certain other circumstances.

(d) Other charges prohibited.

1681k. Public record information for employment purposes.

1681l. Restrictions on investigative consumer reports.

1681m. Requirements on users of consumer reports.

(a) Duties of users taking adverse actions on basis of information contained in consumer reports.

(b) Adverse action based on information obtained from third parties other than consumer reporting

agencies.

(c) Reasonable procedures to assure compliance.

(d) Duties of users making written credit or insurance solicitations on basis of information contained in consumer files.

1681n. Civil liability for willful noncompliance.

(a) In general.

(b) Civil liability for knowing noncompliance.

(c) Attorney's fees.

1681o. Civil liability for negligent noncompliance.

(a) In general.

(b) Attorney's fees.

1681p. Jurisdiction of courts; limitation of actions.

1681q. Obtaining information under false pretenses.

1681r. Unauthorized disclosures by officers or employees.

1681s. Administrative enforcement.

(a) Enforcement by Federal Trade Commission.

(b) Enforcement by other agencies.

(c) State action for violations.

(d) Enforcement under other authority.

(e) Interpretive authority.

1681s-1. Information on overdue child support obligations.

1681s-2. Responsibilities of furnishers of information to consumer reporting agencies.

(a) Duty of furnishers of information to provide accurate information.

(b) Duties of furnishers of information upon notice of dispute.

(c) Limitation on liability.

(d) Limitation on enforcement.

1681t. Relation to State laws.

(a) In general.

(b) General exceptions.

(c) ''Firm offer of credit or insurance'' defined.

(d) Limitations.

1681u. Disclosures to FBI for counterintelligence purposes.

(a) Identity of financial institutions.

(b) Identifying information.

(c) Court order for disclosure of consumer reports.

(d) Confidentiality.

(e) Payment of fees.

(f) Limit on dissemination.

(g) Rules of construction.

(h) Reports to Congress.

(i) Damages.

(j) Disciplinary actions for violations.

(k) Good-faith exception.

(l) Limitation of remedies.

(m) Injunctive relief.

SUBCHAPTER IV - EQUAL CREDIT OPPORTUNITY

1691. Scope of prohibition.

(a) Activities constituting discrimination.

(b) Activities not constituting discrimination.

(c) Additional activities not constituting discrimination.

(d) Reason for adverse action; procedure applicable; ''adverse action'' defined.

(e) Appraisals; copies of reports to applicants; costs.

1691a. Definitions; rules of construction.

1691b. Promulgation of regulations by Board; establishment of Consumer Advisory Council by Board; duties, membership, etc., of Council.

(a) Regulations.

(b) Consumer Advisory Council.

1691c. Administrative enforcement.

(a) Enforcing agencies.

(b) Violations of subchapter deemed violations of preexisting statutory requirements; additional agency powers.

(c) Overall enforcement authority of Federal Trade Commission.

(d) Rules and regulations by enforcing agencies.

1691c-1. Incentives for self-testing and self-correction.

(a) Privileged information.

(b) Results of self-testing.

(c) Adjudication.

1691d. Applicability of other laws.

(a) Requests for signature of husband and wife for creation of valid lien, etc.

(b) State property laws affecting creditworthiness.

(c) State laws prohibiting separate extension of consumer credit to husband and wife.

(d) Combining credit accounts of husband and wife with same creditor to determine permissible finance charges or loan ceilings under Federal or State laws.

(e) Election of remedies under subchapter or State law; nature of relief determining applicability.

(f) Compliance with inconsistent State laws; determination of inconsistency.

(g) Exemption by regulation of credit transactions covered by State law; failure to comply with State law.

1691e. Civil liability.

(a) Individual or class action for actual damages.

(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.

(c) Action for equitable and declaratory relief.

(d) Recovery of costs and attorney fees.

(e) Good faith compliance with rule, regulation, or interpretation of Board or interpretation or approval by an official or employee of Federal Reserve System duly authorized by Board.

(f) Jurisdiction of courts; time for maintenance of action; exceptions.

(g) Request by responsible enforcement agency to Attorney General for civil action.

(h) Authority for Attorney General to bring civil action; jurisdiction.

(i) Recovery under both subchapter and fair housing enforcement provisions prohibited for violation based on same transaction.

(j) Discovery of creditor's granting standards.

(k) Notice to HUD of violations.

1691f. Annual reports to Congress; contents.

SUBCHAPTER V - DEBT COLLECTION PRACTICES

1692. Congressional findings and declaration of purpose.

(a) Abusive practices.

(b) Inadequacy of laws.

(c) Available non-abusive collection methods.

(d) Interstate commerce.

(e) Purposes.

1692a. Definitions.

1692b. Acquisition of location information.

1692c. Communication in connection with debt collection.

(a) Communication with the consumer generally.

(b) Communication with third parties.

(c) Ceasing communication.

(d) ''Consumer'' defined.

1692d. Harassment or abuse. \

1692e. False or misleading representations.

1692f. Unfair practices.

1692g. Validation of debts.

(a) Notice of debt; contents.

(b) Disputed debts.

(c) Admission of liability.

1692h. Multiple debts.

1692i. Legal actions by debt collectors.

(a) Venue.

(b) Authorization of actions.

1692j. Furnishing certain deceptive forms.

1692k. Civil liability.

(a) Amount of damages.

(b) Factors considered by court.

(c) Intent.

(d) Jurisdiction.

(e) Advisory opinions of Commission.

1692l. Administrative enforcement.

(a) Federal Trade Commission.

(b) Applicable provisions of law.

(c) Agency powers.

(d) Rules and regulations.

1692m. Reports to Congress by the Commission; views of other Federal agencies.

1692n. Relation to State laws. 1692o. Exemption for State regulation.

SUBCHAPTER VI - ELECTRONIC FUND TRANSFERS

1693. Congressional findings and declaration of purpose.

(a) Rights and liabilities undefined.

(b) Purposes.

1693a. Definitions.

1693b. Regulations.

(a) Prescription by Board.

(b) Issuance of model clauses.

(c) Criteria; modification of requirements.

(d) Applicability to service providers other than certain financial institutions.

1693c. Terms and conditions of transfers.

(a) Disclosures; time; form; contents.

(b) Notification of changes to consumer.

(c) Time for disclosures respecting accounts accessible prior to effective date of this subchapter.

1693d. Documentation of transfers.

(a) Availability of written documentation to consumer; contents.

(b) Notice of credit to consumer.

(c) Periodic statement; contents.

(d) Consumer passbook accounts.

(e) Accounts other than passbook accounts.

(f) Documentation as evidence.

1693e. Preauthorized transfers.

1693f. Error resolution.

(a) Notification to financial institution of error.

(b) Correction of error; interest.

(c) Provisional reaccredit of consumer's account.

(d) Absence of error; finding; explanation.

(e) Treble damages.

(f) Acts constituting error.

1693g. Consumer liability.

(a) Unauthorized electronic fund transfers; limit.

(b) Burden of proof.

(c) Determination of limitation on liability.

(d) Restriction on liability.

(e) Scope of liability.

1693h. Liability of financial institutions.

(a) Action or failure to act proximately causing damages.

(b) Acts of God and technical malfunctions.

(c) Intent.

1693i. Issuance of cards or other means of access.

(a) Prohibition; proper issuance.

(b) Exceptions.

(c) Validation.

1693j. Suspension of obligations.

1693k. Compulsory use of electronic fund transfers.

1693l. Waiver of rights.

1693m. Civil liability.

(a) Individual or class action for damages; amount of award.

(b) Factors determining amount of award.

(c) Unintentional violations; bona fide error.

(d) Good faith compliance with rule, regulation, or interpretation of Board or approval of duly authorized official or employee of Federal Reserve System.

(e) Notification to consumer prior to action; adjustment of consumer's account.

(f) Action in bad faith or for harassment; attorney's fees.

(g) Jurisdiction of courts; time for maintenance of action.

1693n. Criminal liability.

(a) Violations respecting giving of false or inaccurate information, failure to provide information, and failure to comply with provisions of this subchapter.

(b) Violations affecting interstate or foreign commerce.

(c) ''Debit instrument'' defined.

1693o. Administrative enforcement.

(a) Enforcing agencies.

(b) Violations of subchapter deemed violations of preexisting statutory requirements; additional powers.

(c) Overall enforcement authority of Federal Trade Commission.

1693p. Reports to Congress.

1693q. Relation to State laws.

1693r. Exemption for State regulation.
 


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