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6000 - Consumer Protection


CONSUMER PROTECTION
______________

INDEX TO COMPLIANCE REGULATIONS

 

Advertising of Membership (FDIC Part 328)
Community Reinvestment (FDIC Part 345)
Interagency Questions and Answers Regarding Community Reinvestment
Community Reinvestment Act
Consumer Credit Protection Act
Consumer Leasing Act
Consumer Protection in Sales of Insurance (FDIC Part 343)
Deposit Insurance (FDIC Part 330)
Discriminatory Conduct Under the Fair Housing Act 
Electronic Fund Transfer Act
Equal Credit Opportunity (FRB Regulation B)
Staff Interpretations
Equal Credit Opportunity Act
Fair Credit Billing Act
Fair Credit Reporting (FDIC Part 334)
Fair Credit Reporting Act
Fair Credit Reporting Act (FTC Statement of Policy)
Fair Credit Reporting Act (FDIC Q & As)
Fair Debt Collection Practices Act
Fair Housing (FDIC Part 338)
Fair Housing Act
Financial Institutions Reform, Recovery and Enforcement Act of 1989
Flood Insurance (FDIC Part 339)
Flood Disaster Protection Act
Home Mortgage Disclosure Act
NOW Accounts
Preservation of Consumers' Claims and Defenses (FTC)
Privacy of Consumer Financial Information (Part 332)
Frequently Asked Questions for the Privacy Regulation
Prohibition on Interstate Branching for Deposit Production (FDIC Part 369)
Riegle-Neal Interstate Banking and Branching Efficiency Act
Right to Financial Privacy Act
Truth in Lending Act (Consumer Credit Protection Act)
Adjustable Rate Mortgage Caps
Truth in Savings Act

CONSUMER PROTECTION
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TABLE OF CONTENTS

CONSUMER CREDIT PROTECTION ACT


SEC.   1 Short title of entire Act

Title I—Consumer Credit Cost Disclosure

CHAPTER 1—GENERAL PROVISIONS


SEC. 101 Short title
SEC. 102 Congressional findings and declaration of purpose
SEC. 103 Definitions and rules of construction
SEC. 104 Exempted transactions
SEC. 105 Disclosure guidelines
SEC. 106 Determination of finance charge
SEC. 107 Determination of annual percentage rate
SEC. 108 Administrative enforcement
SEC. 109 Views of other agencies
SEC. 110 [Repealed]
SEC. 111 Effect on other laws
SEC. 112 Criminal liability for willful and knowing violation
SEC. 113 Effect on governmental agencies
SEC. 114 Reports by Board and Attorney General
SEC. 115 [Repealed]
SEC. 502 Board review of consumer credit plans and regulations

CHAPTER 2—CREDIT TRANSACTIONS


SEC. 121 General requirement of disclosure
SEC. 122 Form of disclosure; additional information
SEC. 123 Exemption for State-regulated transactions
SEC. 124 Effect of subsequent occurrence
SEC. 125 Right of rescission as to certain transactions
SEC. 126 [Repealed]
SEC. 127 Open end consumer credit plans
SEC. 127A Disclosure requirements for open end consumer credit plans secured by the consumer's principal dwelling
SEC. 128 Consumer credit not under open end credit plans
SEC. 128A Reset of hybrid adjustable rate mortgages
SEC. 129 Requirements for certain mortgages  
SEC. 129A Duty of servicers of residential mortgages
SEC. 129B Residential mortgage loan origination 
SEC. 129C Minimum standards for residential mortgage loans 
SEC. 129D Escrow or impound accounts relating to certain consumer credit transactions 
SEC.129E Appraisal independence requirements 
SEC.129F Requirements for prompt crediting of home loan payments 
SEC.129G Requests for payoff amounts of home loan 
SEC.129H Property appraisal requirements 
SEC. 130 Civil liability
SEC. 131 Liability of assignees
SEC. 132 Issuance of credit cards
SEC. 133 Liability of holder of credit card
SEC. 134 Fraudulent use of credit card; penalties
SEC. 135 Business credit cards; limits on liability of employees
SEC. 136 Dissemination of annual percentage rates; implementation, etc.
SEC. 137 Home equity plans
SEC. 138 Reverse mortgages
SEC. 139 Certain limitations on liability
SEC. 140 Preventing unfair and deceptive private educational lending practices and Eliminating conflicts of interest
SEC. 140-A Procedure for timely settlement of estates of decedent obligor

CHAPTER 3—CREDIT ADVERTISING


SEC. 141 Catalogs and multiple-page advertisements
SEC. 142 Advertising of downpayments and installments
SEC. 143 Advertising of open end credit plans
SEC. 144 Advertising of credit other than open end plans
SEC. 145 Nonliability of media
SEC. 146 Use of annual percentage rate in oral disclosures
SEC. 147 Advertising of open end consumer credit plans secured by consumer's principal dwelling
SEC. 148 Interest rate reduction on open end consumer credit plans
SEC. 149 Reasonable penalty fees on open end consumer credit plans
SEC. 150 Consideration of ability to repay

CHAPTER 4—CREDIT BILLING


SEC. 161 Correction of billing errors
SEC. 162 Regulation of credit reports
SEC. 163 Timing of payments
SEC. 164 Prompt crediting of payments
SEC. 165 Treatment of credit balances
SEC. 166 Prompt notification of returns
SEC. 167 Inducements to cardholders by sellers of cash discounts for payments by cash, check or similar means; finance charge for sales transactions involving cash discounts
SEC. 168 Prohibition of tie-in services
SEC. 169 Offset of cardholder's indebtness by issuer of credit card with funds deposited with issuer by cardholder; remedies of creditors under State law not affected
SEC. 170 Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction; prerequisites; limitation on amount of claims defenses
SEC. 171 Limits on interest rate, fee and finance charge increases applicable to outstanding balances
SEC. 172 Additional limits on interest rate increases
SEC. 173 Applicability of State laws

CHAPTER 5—CONSUMER LEASES


SEC. 181 Definitions
SEC. 182 Consumer lease disclosures
SEC. 183 Lessee's liability on expiration or termination of lease
SEC. 184 Consumer lease advertising; liability of advertising media
SEC. 185 Civil liability of lessors
SEC. 186 Applicability of State laws; exemptions by Bureau from leasing requirements
SEC. 187 Regulations

Title II—Extortionate Credit Transactions


SEC. 201 Findings and purpose
SEC. 202 Amendments to title 18, United States Code

CHAPTER 42—EXTORTIONATE CREDIT TRANSACTIONS


Sec. 891 Definitions and rules of construction
Sec. 892 Making extortionate extensions of credit
Sec. 893 Financing extortionate extensions of credit
Sec. 894 Collection of extensions of credit by extortionate means
Sec. 895 [Repealed]
Sec. 896 Effect on State laws

Title III—Restriction on Garnishment


SEC. 301 Congressional findings and declaration of purpose
SEC. 302 Definitions
SEC. 303 Restriction on garnishment
SEC. 304 Restriction on discharge from employment by reason of garnishment
SEC. 305 Exemption for State-regulated garnishments
SEC. 306 Enforcement by Secretary of Labor
SEC. 307 Effect on State laws

Title IV—National Commission on Consumer Finance


SEC. 401 Establishment
SEC. 402 Membership of the Commission
SEC. 403 Compensation of members
SEC. 404 Duties of the Commission
SEC. 405 Powers of the Commission
SEC. 406 Administrative arrangements
SEC. 407 Authorization of appropriations

Title V—General Provisions


SEC. 501 Severability
SEC. 502 Captions and catchlines for reference only
SEC. 503 Grammatical usages
SEC. 504 Effective dates

Title VI—Consumer Credit Reporting


SEC. 601 Short title
SEC. 602 Congressional findings and statement of purpose
SEC. 603 Definitions and rules of construction
SEC. 604 Permissible purposes of consumer reports
SEC. 605 Requirements relating to information contained in consumer reports
SEC. 605A Identity theft prevention; fraud alerts and active duty alerts
SEC. 605B Block of information resulting from identity theft
SEC. 606 Disclosure of investigative consumer reports
SEC. 607 Compliance procedures
SEC. 608 Disclosures to governmental agencies
SEC. 609 Disclosures to consumers
SEC. 610 Conditions and form of disclosure to consumers
SEC. 611 Procedure in case of disputed accuracy
SEC. 612 Charges for certain disclosures
SEC. 613 Public record information for employment purposes
SEC. 614 Restrictions on investigative consumer reports
SEC. 615 Requirements on users of consumer reports
SEC. 616 Civil liability for willful noncompliance
SEC. 617 Civil liability for negligent noncompliance
SEC. 618 Jurisdiction of courts; limitation of actions
SEC. 619 Obtaining information under false pretenses
SEC. 620 Unauthorized disclosures by officers or employees
SEC. 621 Administrative enforcement
SEC. 623 Responsibilities of furnishers of information to consumer reporting agencies
SEC. 624 Affiliate sharing
SEC. 625 Relation to State laws
SEC. 626 Disclosures to FBI for counterintelligence purposes
SEC. 627 Disclosures to governmental agencies for counterterrorism purposes
SEC. 628 Disposal of records
SEC. 629 Corporate and technological circumvention prohibited

Title VII—Equal Credit Opportunity


SEC. 701 Scope of prohibition
SEC. 702 Definitions; rules of construction
SEC. 703 Promulgation of Regulations by the Bureau
SEC. 704 Administrative enforcement
SEC. 704A Incentives for self-testing and self-correction
SEC. 704B Small business loan data collection
SEC. 705 Applicability of other laws
SEC. 706 Civil liability
SEC. 707 Annual reports to Congress
SEC. 708 Effective date
SEC. 709 Short title

Title VIII—Debt Collection Practices


SEC. 801 Short title
SEC. 802 Congressional findings and declaration of purpose
SEC. 803 Definitions
SEC. 804 Acquisition of location information
SEC. 805 Communication in connection with debt collection
SEC. 806 Harassment or abuse
SEC. 807 False or misleading representations
SEC. 808 Unfair practices
SEC. 809 Validation of debts
SEC. 810 Multiple debts
SEC. 811 Legal actions by debt collectors
SEC. 812 Furnishing certain deceptive forms
SEC. 813 Civil liability
SEC. 814 Administrative enforcement
SEC. 815 Reports to Congress by the Bureau; views of other Federal agencies
SEC. 816 Relation to State laws
SEC. 817 Exemption for State regulation
SEC. 818 Exception for certain bad check enforcement programs operated by private entities
SEC. 819 Effective date
Federal Trade Commission Staff Commentary on the Fair Debt Collection Practices  Act

Title IX—Electronic Fund Transfers


SEC. 901 Short title
SEC. 902 Congressional findings and declaration of purpose
SEC. 903 Definitions
SEC. 904 Regulations
SEC. 905 Terms and conditions of transfers
SEC. 906 Documentation of transfers
SEC. 907 Preauthorized transfers
SEC. 908 Error resolution
SEC. 909 Consumer liability
SEC. 910 Liability of financial institutions
SEC. 911 Issuance of cards or other means of access
SEC. 912 Suspension of obligations
SEC. 913 Compulsory use of electronic fund transfers
SEC. 914 Waiver of rights
SEC. 915 General-use prepaid cards, gift certificates, and store gift cards 
SEC. 916 Civil liability
SEC. 917 Criminal liability
SEC. 918 Administrative enforcement
SEC. 919 Remittance transfers
SEC. 920 Reasonable fees and rules for payment card transactions
SEC. 921 Report to Congress
SEC. 922 Relations to State laws 
SEC. 923 Exemption for State regulation 

CIVIL RIGHTS ACT OF 1968—TITLE VIII (FAIR HOUSING)


SEC. 800 Short title
SEC. 801 Policy
SEC. 802 Definitions
SEC. 803 Effective dates of certain prohibitions
SEC. 804 Discrimination in the sale or rental of housing and other prohibited practices
SEC. 805 Discrimination in residential real estate-related transactions
SEC. 806 Discrimination in the provision of brokerage services
SEC. 807 Religious organization or private club exemption
SEC. 808 Administration
SEC. 808a Collection of certain data
SEC. 809 Education and conciliation
SEC. 810 Administrative enforcement; preliminary matters
SEC. 811 Subpoenas; giving of evidence
SEC. 812 Enforcement by secretary
SEC. 813 Enforcement by private persons
SEC. 814 Enforcement by the Attorney General
SEC. 814a Incentives for self-testing and self-correction
SEC. 815 Rules to implement title
SEC. 816 Effect on state laws
SEC. 817 Cooperation with state and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register
SEC. 818 Interference, coercion, or intimidation
SEC. 819 Authorization of Appropriations
SEC. 820 Separability
SEC. 901 Violations; penalties

HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977—TITLE VIII (COMMUNITY REINVESTMENT)


SEC. 801 Short title
SEC. 802 Requirements of financial institutions
SEC. 803 Definitions
SEC. 804 Examinations by Federal supervisory agencies
SEC. 805 Annual report to Congress
SEC. 806 Regulations implementing the Act
SEC. 807 Written evaluations
SEC. 808 Operation of branch facilities by minorities and women
SEC. 809 Small bank regulatory relief

COMPETITIVE EQUALITY BANKING ACT OF 1987

TITLE XII—MISCELLANEOUS PROVISIONS


SEC. 1204 Adjustable rate mortgage caps

NOW ACCOUNTS


SEC. 2 Prohibition on certain activities by depository institutions

FINANCIAL INSTITUTIONS REGULATORY AND INTEREST RATE CONTROL ACT OF 1978

Title XI—Right to Financial Privacy


SEC. 1100 Short title
SEC. 1101 Definitions
SEC. 1102 Access to financial records by government authorities prohibited; exceptions
SEC. 1103 Confidentiality of financial records
SEC. 1104 Customer authorizations
SEC. 1105 Administrative subpena and summons
SEC. 1106 Search warrants
SEC. 1107 Judicial subpena
SEC. 1108 Formal written request
SEC. 1109 Delayed notice
SEC. 1110 Customer challenges
SEC. 1111 Duty of financial institutions
SEC. 1112 Use of information
SEC. 1113 Exceptions
SEC. 1114 Special procedures
SEC. 1115 Cost reimbursement
SEC. 1116 Jurisdiction
SEC. 1117 Civil penalties
SEC. 1118 Injunctive relief
SEC. 1119 Suspension of Statutes of Limitations
SEC. 1120 Grand Jury Information
SEC. 1121 [Repealed]
SEC. 1122 Applicability to Securities and Exchange Commission
SEC. 2101 Effective date

DEPARTMENT OF LABOR REGULATIONS:
RESTRICTION ON GARNISHMENT

Part 870—Restriction On Garnishment

SUBPART A—GENERAL


SEC. 870.1 Purpose and scope
SEC. 870.2 Amendments to this part

SUBPART B—DETERMINATIONS AND INTERPRETATIONS


SEC. 870.10 Maximum part of aggregate disposable earnings subject to garnishment under section 303a
SEC. 870.11 Exceptions to the restrictions provided by section 303(a) of the CCPA and priorities among garnishments

SUBPART C—EXEMPTIONS FOR STATE-REGULATED GARNISHMENTS


SEC. 870.50 General provision
SEC. 870.51 Exemption policy
SEC. 870.52 Application for exemption of State-regulated garnishments
SEC. 870.53 Action upon an application for exemption
SEC. 870.54 Standards governing the granting of an application for exemption
SEC. 870.55 Terms and conditions of every exemption
SEC. 870.56 Termination of exemption
SEC. 870.57 Exemptions
Federal Trade Commission Trade Regulation Rule Concerning the Preservation of Consumers, Claims and Defenses

HOME MORTGAGE DISCLOSURE ACT OF 1975


SEC. 301 Short title
SEC. 302 Congressional findings and declaration of purpose
SEC. 303 Definitions
SEC. 304 Maintenance of records and public disclosure
SEC. 305 Enforcement
SEC. 306 Relation to State laws
SEC. 307 Compliance improvement methods
SEC. 308 Report
SEC. 309 Effective date
SEC. 310 Compilation of aggregate data
SEC. 311 Disclosure by the Secretary; commencement, scope, etc

COMPETITIVE EQUALITY BANKING ACT OF 1987

TITLE I—FINANCIAL INSTITUTIONS COMPETITIVE EQUALITY


Sec. 101 Amendments to the Bank Holding Company Act of 1956

TITLE II—MORATORIUM ON CERTAIN NONBANKING ACTIVITIES


Sec. 201 Moratorium on certain nonbanking activities
Sec. 202 Authority of federal banking agencies

FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991

Title II—Regulatory Improvement

SUBTITLE F—TRUTH IN SAVINGS


SEC. 261. Short Title
SEC. 262. Findings and Purpose
(a) Findings
(b) Purpose
SEC. 263. Disclosure of Interest Rates and Terms of Accounts
(a) In general
(b) Broadcast and electronic media and outdoor advertising exception
(c) Disclosure required for on-premise displays
(d) Misleading description of free or no-cost accounts prohibited
(e) Misleading or inaccurate advertisements, etc., prohibited
SEC. 264. Account Schedule
(a) In general
(b) Information on fees and changes
(c) Information on interest rates
(d) Other information
(e) Style and format
SEC. 265. Disclosure Requirements for Certain Accounts
SEC. 266. Distribution of Schedules
(a) In general
(b) Distribution in case of certain initial deposits
(c) Distribution of notice of certain changes
(d) Distribution in case of accounts established by more than 1 individual or by a group
(e) Notice to account holders as of the effective date of regulations
SEC. 267. Payment of Interest
(a) Calculated on full amount of principal
(b) No particular method of compounding interest required
(c) Date by which interest must accrue
SEC. 268. Periodic Statements
SEC. 269. Regulations
(a) In general
(b) Model forms and clauses
SEC. 270. Administrative Enforcement
(a) In general
(b) Additional enforcement powers
(c) Regulations by agencies other than the Board
SEC. 271. [Repealed]
SEC. 272. Credit Unions 
(a) In general
(b) Regulations prescribed by the NCUA
SEC. 273. Effect on State Law
SEC. 274. Definitions

RIEGLE-NEAL INTERSTATE BANKING AND BRANCHING EFFICIENCY ACT
OF 1994


SEC. 1 Short title; table of contents
SEC. 107 Equalizing competitive opportunities for United States and foreign banks
SEC. 109 Prohibition against deposit production offices
SEC. 111 Restatement of existing law
SEC. 112 GAO report on data collection under interstate branching
SEC. 210 Study and report on the United States financial services system

FLOOD DISASTER PROTECTION ACT OF 1973


SEC. 2. Additional Congressional findings and declaration of purpose
SEC. 3. Additional definitions
SEC. 102. Flood insurance purchase and compliance requirements and escrow Accounts
SEC. 202. Nonparticipation in flood insurance program
SEC. 205. Rules and regulations

CHAPTER 1—OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Subpart A—General


§ 100.1 Authority
§ 100.5 Scope
§ 100.10 Exemptions
§ 100.20 Definitions

SUBPART B—DISCRIMINATORY HOUSING PRACTICES


§ 100.50 Real estate practices prohibited
§ 100.60 Unlawful refusal to sell or rent or to negotiate for the sale or rental
{tocl2}§ 100.65 Discrimination in terms, conditions and privileges and in services and facilities
§ 100.70 Other prohibited sale and rental conduct
§ 100.75 Discriminatory advertisements, statements and notices
§ 100.80 Discriminatory representations on the availability of dwellings
§ 100.85 Blockbusting
§ 100.90 Discrimination in the provision of brokerage services

Subpart C—Discrimination in Residential Real Estate-Related Transactions


§ 100.110 Discriminatory practices in residential real estate-related transactions
§ 100.115 Residential real estate-related transactions
§ 100.120 Discrimination in the making of loans and in the provision of other financial assistance
§ 100.125 Discrimination in the purchasing of loans
§ 100.130 Discrimination in the terms and conditions for making available loans or other financial assistance
§ 100.135 Unlawful practices in the selling, brokering, or appraising of residential real property
§ 100.140 General rules
§ 100.141 Definitions
§ 100.142 Types of information
§ 100.143 Appropriate corrective action
§ 100.144 Scope of privilege
§ 100.145 Loss of privilege
§ 100.146 Limited use of privileged information
§ 100.147 Adjudication
§ 100.148 Effective date

Subpart D—Prohibition Against Discrimination Because of Handicap


§ 100.200 Purpose
§ 100.201 Definitions
§ 100.201a Incorporation by reference
§ 100.202 General prohibitions against discrimination because of handicap
§ 100.203 Reasonable modifications of existing premises
§ 100.204 Reasonable accommodations
§ 100.205 Design and construction requirements

Subpart E—Housing for Older Persons


§ 100.300 Purpose
§ 100.301 Exemption
§ 100.302 State and Federal elderly housing programs
§ 100.303 62 or over housing
§ 100.304 Housing for persons who are 55 years of age or older
§ 100.305 80 percent occupancy
§ 100.306 Intent to operate as housing designed for persons who are 55 years of age or older
§ 100.307 Verification of occupancy
§ 100.308 Good faith defense against civil money damages

Subpart F—Interference, Coercion or Intimidation


§ 100.400 Prohibited interference, coercion or intimidation

Subpart G—Discriminatory Effect


§ 100.500 Discriminatory effect prohibited
Appendix

PART 227—UNFAIR OR DECEPTIVE ACTS OR PRACTICES (REGULATION AA)

Subpart A—General Provisions


§ 227.1 Authority, purpose, and scope
§ 227.2 Consumer-complaint procedure

Subpart B—Credit Practices Rule


§ 227.11 [Reserved]
§ 227.12 Definitions
§ 227.13 Unfair credit contract provisions
§ 227.14 Unfair or deceptive practices involving cosigners
§ 227.15 Unfair late charges
§ 227.16 State exemptions

Subpart C [Reserved]

Supplement I to Part 227--Official Staff Commentary   6391

PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC)

Subpart A—General


§ 229.1 Authority and purpose; organization
§ 229.2 Definitions
§ 229.3 Administrative enforcement

Subpart B—Availability of Funds and Disclosure of Funds Availability Policies


§ 229.10 Next-day availability
§ 229.11 [Reserved]
§ 229.12 Availability schedule
§ 229.13 Exceptions
§ 229.14 Payment of interest
§ 229.15 General disclosure requirements
§ 229.16 Specific availability policy disclosure
§ 229.17 Initial disclosures
§ 229.18 Additional disclosure requirements
§ 229.19 Miscellaneous
§ 229.20 Relation to state law
§ 229.21 Civil liability

Subpart C--Collection of Checks
§ 229.30 Paying bank's responsibility for return of checks
§ 229.31 Returning bank's responsibility for return of checks
§ 229.32 Depositary bank's responsibility for returned checks
§ 229.33 Notice of nonpayment
§ 229.34 Warranties
§ 229.35 Indorsements
§ 229.36 Presentment and issuance of checks
§ 229.37 Variation by agreement
§ 229.38 Liability
§ 229.39 lnsolvency of bank
§ 229.40 Effect of merger transaction
§ 229.41 Relation to State law
§ 229.42 Exclusions
§ 229.43 Checks payable in Guam, American Samoa, and the Northern Mariana Islands

Subpart D--Substitute Checks
§ 229.51 General provisions governing substitute checks
§ 229.52 Substitute check warranties
§ 229.53 Substitute check indemnity
§ 229.54 Expedited recredit for consumers
§ 229.55 Expedited recredit for banks
§ 229.56 Liability
§ 229.57 Consumer awareness
§ 229.58 Mode of delivery of information
§ 229.59 Relation to other law
§ 229.60 Variation by agreement

Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks  and Local Checks6427

Appendix B to Part 229 [Reserved]

Appendix C to Part 229—Model Availability Policy Disclosures, Clauses, and  Notices; Model Substitute Check Policy Disclosure and Notice

Appendix D to Part 229—Indorsement, Reconverting Bank Identification, and  Truncating Bank Identification Standards

Appendix E to Part 229—Commentary

Appendix F to Part 229—Official Board Interpretations; Preemption  Determinations6498.37


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