US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 1649

Certain limitations on liability

(a)

Limitations on liability

section 1635(f) of this titleFor any closed end consumer credit transaction that is secured by real property or a dwelling, that is subject to this subchapter, and that is consummated before , a creditor or any assignee of a creditor shall have no civil, administrative, or criminal liability under this subchapter for, and a consumer shall have no extended rescission rights under with respect to—
(1)
the creditor’s treatment, for disclosure purposes, of—
(A)
section 1605(d)(3) of this title taxes described in ;
(B)
fees described in section 1605(e)(2) and (5) of this title;
(C)
section 1605(a) of this title fees and amounts referred to in the 3rd sentence of ; or
(D)
section 1605(a)(6) of this title borrower-paid mortgage broker fees referred to in ;
(2)
section 1635 of this title the form of written notice used by the creditor to inform the obligor of the rights of the obligor under if the creditor provided the obligor with a properly dated form of written notice published and adopted by the Bureau or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice; or
(3)
any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed—
(A)
may be treated as accurate for purposes of this subchapter if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200;
(B)
section 1605(f)(2) of this titlesection 1635 of this title may, under , be treated as accurate for purposes of ; or
(C)
is greater than the amount or percentage required to be disclosed under this subchapter.
(b)

Exceptions

Subsection (a) shall not apply to—
(1)
any individual action or counterclaim brought under this subchapter which was filed before ;
(2)
any class action brought under this subchapter for which a final order certifying a class was entered before ;
(3)
the named individual plaintiffs in any class action brought under this subchapter which was filed before ; or
(4)
any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before .

Pub. L. 90–321, title I, § 139Pub. L. 104–29, § 4(a)109 Stat. 273Pub. L. 104–208, div. A, title II, § 2107(a)110 Stat. 3009–402Pub. L. 111–203, title X, § 1100A(2)124 Stat. 2107(, as added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–2032010—Subsec. (a)(2). substituted “Bureau” for “Board”.

Pub. L. 104–2081996—Subsec. (a). substituted “For any closed end consumer credit transaction that is secured by real property or a dwelling, that is subject to this subchapter, and” for “For any consumer credit transaction subject to this subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.

Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title II, § 2107(b)110 Stat. 3009–402

“The amendment made by subsection (a) [amending this section] shall be effective as of .”
, , , provided that: