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15 U.S.C. 1640: Civil liability

Created in 1968 by Public Law 90-321. Changed by 13 later laws. No bill we track in this Congress changes it.

7 other sections of the Code cite this one, including 12 U.S.C. 3806, 15 U.S.C. 1635, 15 U.S.C. 1639b, 15 U.S.C. 1639c, 15 U.S.C. 1639e.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2010

    • Pub. L. 111–203, §1100A(2), substituted "Bureau" for "Board" wherever appearing. (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text
    • Pub. L. 111–203, §1416(a)(1), substituted "$200" for "$100" and "$2,000" for "$1,000". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (a)
    • Pub. L. 111–203, §1416(a)(2), substituted "$1,000,000" for "$500,000". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (a)
    • Pub. L. 111–203, §1416(a)(3), inserted ", paragraph (1) or (2) of section 1639b(c) of this title, or section 1639c(a) of this title" after "section 1639 of this title". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (a)
    • Pub. L. 111–203, §1422, substituted "section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also" for "section 1639 of this title may also". (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (e)
    • Pub. L. 111–203, §1416(b), in first sentence substituted "Except as provided in the subsequent sentence, any action" for "Any action" and inserted after first sentence "Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any U… (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (e)
    • Pub. L. 111–203, §1413, added subsec. (k). (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (k)
    • Pub. L. 111–203, §1417, added subsec. (l). (Dodd-Frank Wall Street Reform and Consumer Protection Act) Law text · (l)

    2009

    • Pub. L. 111–24, §201(b), in concluding provisions, substituted "In connection with the disclosures referred to in subsections (a) and (b) of section 1637 of this title, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of … (Credit Card Accountability Responsibility and Disclosure Act of 2009" or the "Credit CARD Act of 2009) Law text · (a)
    • Pub. L. 111–22, §404(b), which directed insertion of "subsection (f) or (g) of section 1641 of this title," after "section 1635 of this title,", was executed by making the insertion only in the introductory provisions to reflect the probable intent of Congress. Law text · (a)
    • Pub. L. 111–24, §107, added cl. (iii) and redesignated former cl. (iii) as (iv). (Credit Card Accountability Responsibility and Disclosure Act of 2009" or the "Credit CARD Act of 2009) Law text · (a), (iv)

    2008

    • Pub. L. 110–315, §1012(a)(1)(B), in fourth sentence of concluding provisions, substituted "1635 of this title," for "1635 of this title or" and inserted "of subparagraphs (A), (B), (D), (F), or (J) of section 1638(e)(2) of this title (for purposes of paragraph (2) or (4) of section 163… (Higher Education Opportunity Act) Law text · (a)
    • Pub. L. 110–289, §2502(b)(2), in concluding provisions, inserted "or section 1638(b)(2)(C)(ii) of this title," before "or for failing to comply" and "or section 1638(b)(2)(C)(ii) of this title" before ". With respect to". (Housing and Economic Recovery Act of 2008) Law text · (a)
    • Pub. L. 110–289, §2502(b)(1), substituted "not less than $400 or greater than $4,000" for "not less than $200 or greater than $2,000". (Housing and Economic Recovery Act of 2008) Law text · (a)
    • Pub. L. 110–315, §1012(a)(1)(A), inserted "or 1638(e)(7)" after "section 1635". (Higher Education Opportunity Act) Law text · (a)
    • Pub. L. 110–315, §1012(a)(2), inserted before period at end of first sentence "or, in the case of a violation involving a private education loan (as that term is defined in section 1650(a) of this title), 1 year from the date on which the first regular payment of principal is due under… (Higher Education Opportunity Act) Law text · (e)
    • Pub. L. 110–315, §1012(a)(3), added subsec. (j). (Higher Education Opportunity Act) Law text · (j)

    1995

    • Pub. L. 104–29 added cl. (iii). Law text · (a)
    • Pub. L. 104–12 added subsec. (i). Law text · (i)

    1994

    • Pub. L. 103–325, §153(a), added par. (4). · (a)
    • Pub. L. 103–325, §153(b), inserted at end "An action to enforce a violation of section 1639 of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years … · (e)

    1988

    • Pub. L. 100–583 substituted "in subsections (a) and (b) of section 1637" for "in section 1637" in third sentence and inserted provisions limiting liability of card issuer under this section to cardholders who pay fee or use credit card or charge card. · (a)

    1980

    • Pub. L. 96–221, §615(b), in introductory text inserted provisions respecting applicability of section 1635 of this title, and in text following numbered pars. inserted provisions relating to disclosures required under sections 1637 and 1638 of this title. · (a)
    • Pub. L. 96–221, §615(a)(1), substituted provisions respecting recovery under this subparagraph in any class action or series of class actions, for provisions respecting recovery in a class action. · (a)
    • Pub. L. 96–221, §615(a)(2), inserted provisions relating to right of rescission under section 1635 of this title. · (a)
    • Pub. L. 96–221, §615(a)(3), substituted provisions relating to correction of errors within sixty days by a creditor or assignee, for provisions relating to correction of errors within fifteen days by a creditor. · (b)
    • Pub. L. 96–221, §615(a)(3), substituted provisions relating to liability of a creditor or assignee in any action brought under this section or section 1635 of this title, for provisions relating to liability of a creditor in any action brought under this section. · (c)
    • Pub. L. 96–221, §615(a)(3), substituted provisions relating to liability in transaction or lease involving multiple obligors, for provisions relating to liability of subsequent assignees original creditor. · (d)
    • Pub. L. 96–221, §615(a)(4), inserted provisions relating to limitations on actions. · (e)
    • Pub. L. 96–221, §615(a)(5), inserted references to section 1607(b), (c), and (e) of this title. · (f)
    • Pub. L. 96–221, §615(a)(6), inserted provisions relating to remedy under section 1635 of this title. · (g)
    • Pub. L. 96–221, §615(a)(7), substituted provisions relating to offset from amounts owed to the creditor or assignee, and rights of defaulting consumer, for provisions relating to offset from amounts owed to the creditor. · (h)

    1976

    • Pub. L. 94–240, §4(1), inserted "or E" after "part D". · (a)
    • Pub. L. 94–240, §4(2), designated existing provision as cl. (i) and added cl. (ii). · (a)
    • Pub. L. 94–240, §4(3), substituted "lesser of $500,000" for "lesser of $100,000". · (a)
    • Pub. L. 94–240, §4(4), inserted "or part E of this subchapter" after "this part" and struck out "finance" after "required to pay a". · (b)
    • Pub. L. 94–222 inserted "or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor" after "by the Board"… · (f)
    • Pub. L. 94–240, §4(5), inserted "or part D or E of this subchapter" after "this part", and "consumer lease" after "consumer loan". · (g)

    1974

    • Pub. L. 93–495, §408(a), substituted provisions setting forth determination of amount of liability of any creditor failing to comply with any requirement imposed under part D of this subchapter or this part, for provisions setting forth determination of amount of liability of any credi… · (a)
    • Pub. L. 93–495, §408(b), inserted "for any failure to comply with any requirement imposed under this part," before "if within". · (b)
    • Pub. L. 93–495, §408(c), substituted "subchapter" for "part". · (c)
    • Pub. L. 93–495, §406, added subsec. (f). · (f)
    • Pub. L. 93–495, §407, added subsec. (g). · (g)
    • Pub. L. 93–495, §408(d), added subsec. (h). · (h)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.