Enforcement by Federal Trade Commission
In general
15 U.S.C. 4112 U.S.C. 55111
Penalties
Knowing violations
Except as otherwise provided by subtitle B of the Consumer Financial Protection Act of 2010, in the event of a knowing violation, which constitutes a pattern or practice of violations of this subchapter, the Federal Trade Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person that violates this subchapter. In such action, such person shall be liable for a civil penalty of not more than $2,500 per violation.
Determining penalty amount
In determining the amount of a civil penalty under subparagraph (A), the court shall take into account the degree of culpability, any history of such prior conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
Limitation
section 1681s–2(a)(1) of this titleNotwithstanding paragraph (2), a court may not impose any civil penalty on a person for a violation of , unless the person has been enjoined from committing the violation, or ordered not to commit the violation, in an action or proceeding brought by or on behalf of the Federal Trade Commission, and has violated the injunction or order, and the court may not impose any civil penalty for any violation occurring before the date of the violation of the injunction or order.
Enforcement by other agencies
In general
Incorporated definitions
12 U.S.C. 1813(s)12 U.S.C. 3101The 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 () have the same meanings as in section 1(b) of the International Banking Act of 1978 ().
State action for violations
Authority of States
Rights of Federal regulators
Investigatory powers
For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
Limitation on State action while Federal action pending
12 U.S.C. 1818If the Bureau, the Federal Trade Commission, or the appropriate Federal regulator has instituted a civil action or an administrative action under section 8 of the Federal Deposit Insurance Act [] for a violation of this subchapter, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Bureau, the Federal Trade Commission, or the appropriate Federal regulator for any violation of this subchapter that is alleged in that complaint.
Limitations on State actions for certain violations
Violation of injunction required
Limitation on damages recoverable
section 1681s–2(c) of this titleIn an action against a person under paragraph (1)(B) for a violation described in any of paragraphs (1) through (3) of , a State may not recover any damages incurred before the date of the violation of an injunction on which the action is based.
Enforcement under other authority
For the purpose of the exercise by any agency referred to in subsection (b) 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 (b), 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.
Regulatory authority
In general
12 U.S.C. 5519(a)The Bureau shall prescribe such regulations as are necessary to carry out the purposes of this subchapter, except with respect to sections 1681m(e) and 1681w of this title. The Bureau may prescribe regulations as may be necessary or appropriate to administer and carry out the purposes and objectives of this subchapter, and to prevent evasions thereof or to facilitate compliance therewith. Except as provided in section 1029(a) of the Consumer Financial Protection Act of 2010 [], the regulations prescribed by the Bureau under this subchapter shall apply to any person that is subject to this subchapter, notwithstanding the enforcement authorities granted to other agencies under this section.
Deference
2
Coordination of consumer complaint investigations
In general
section 1681a(p) of this titlesection 1681c–1 of this titlesection 1681c–2 of this titleEach consumer reporting agency described in shall develop and maintain procedures for the referral to each other such agency of any consumer complaint received by the agency alleging identity theft, or requesting a fraud alert under or a block under .
Model form and procedure for reporting identity theft
3
Annual summary reports
section 1681a(p) of this titleEach consumer reporting agency described in shall submit an annual summary report to the Bureau on consumer complaints received by the agency on identity theft or fraud alerts.
Bureau regulation of coding of trade names
section 1681s–2(a) of this titleIf the Bureau determines that a person described in paragraph (9) of has not met the requirements of such paragraph, the Bureau shall take action to ensure the person’s compliance with such paragraph, which may include issuing model guidance or prescribing reasonable policies and procedures, as necessary to ensure that such person complies with such paragraph.
Pub. L. 90–321, title VI, § 621Pub. L. 91–508, title VI, § 60184 Stat. 1134Pub. L. 98–443, § 9(n)98 Stat. 1708Pub. L. 101–73, title VII, § 744l103 Stat. 439Pub. L. 102–242, title II, § 212(c)105 Stat. 2300Pub. L. 102–550, title XVI, § 1604(a)(6)106 Stat. 4082Pub. L. 104–88, title III, § 314109 Stat. 948Pub. L. 104–208, div. A, title II110 Stat. 3009–450Pub. L. 105–347, § 6(6)112 Stat. 3211Pub. L. 106–102, title V, § 506(a)113 Stat. 1441Pub. L. 108–159, title I, § 153117 Stat. 1966Pub. L. 111–203, title X, § 1088(a)(2)(A)124 Stat. 2087(, as added , , ; amended , , ; (), , ; , , ; , , ; , , ; , §§ 2416–2418, , to 3009–452; , , ; , (b), , , 1442; , title III, § 312(e)(2), title IV, § 412(e), title VIII, § 811(f), , , 1993, 2003, 2012; –(C), (10), , , 2088.)
Editorial Notes
References in Text
act Sept. 26, 1914, ch. 31138 Stat. 717section 58 of this titleThe Federal Trade Commission Act, referred to in subsec. (a)(1), is , , 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 and Tables.
Pub. L. 111–203124 Stat. 1955The Consumer Financial Protection Act of 2010, referred to in subsecs. (a) and (b)(1), is title X of , , . 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. (b)(1)(A)(ii), are classified to subchapters I (§ 601 et seq.) and II (§ 611 et seq.), respectively, of chapter 6 of Title 12, Banks and Banking.
act June 26, 1934, ch. 75048 Stat. 1216section 1751 of Title 12The Federal Credit Union Act, referred to in subsec. (b)(1)(B), is , , which is classified generally to chapter 14 (§ 1751 et seq.) of Title 12. For complete classification of this Act to the Code, see and Tables.
act Aug. 15, 1921, ch. 6442 Stat. 159section 181 of Title 7The Packers and Stockyards Act, 1921, referred to in subsec. (b)(1)(E), is , , which is classified to chapter 9 (§ 181 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.
act Sept. 21, 1922, ch. 36942 Stat. 998section 1 of Title 7The Commodity Exchange Act, referred to in subsec. (b)(1)(F), is , , which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 103–272, § 6(b)108 Stat. 1378In subsec. (b)(1)(D), “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 , , , the first section of which enacted subtitles II, III, and V to X of Title 49.
Amendments
Pub. L. 111–203, § 1088(a)(10)(A)2010—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which related to enforcement by Federal Trade Commission.
Pub. L. 111–203, § 1088(a)(10)(B)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which related to enforcement under section 8 of the Federal Deposit Insurance Act, the Federal Credit Union Act, subtitle IV of title 49, part A of subtitle VII of title 49, and the Packers and Stockyards Act, 1921.
Pub. L. 111–203, § 1088(a)(10)(C)Subsec. (c)(2). , in introductory provisions, inserted “and the Federal Trade Commission” before “or the appropriate” and before “or appropriate” in two places.
Pub. L. 111–203, § 1088(a)(2)(C), in introductory provisions, substituted “provide the Bureau” for “provide the Commission”.
Pub. L. 111–203, § 1088(a)(2)(A), in introductory provisions, substituted “upon the Bureau” for “upon the Federal Trade Commission” and “The Bureau” for “The Federal Trade Commission”.
Pub. L. 111–203, § 1088(a)(10)(D)Subsec. (c)(4). , inserted “, the Federal Trade Commission,” before “or the appropriate” in two places.
Pub. L. 111–203, § 1088(a)(2)(C), substituted “complaint of the Bureau” for “complaint of the Commission”.
Pub. L. 111–203, § 1088(a)(2)(A), substituted “If the Bureau” for “If the Federal Trade Commission”.
Pub. L. 111–203, § 1088(a)(10)(E)Subsec. (e). , added subsec. (e) and struck out former subsec. (e) which related to prescription of regulations by certain Federal banking agencies, the Board of Governors of the Federal Reserve System, and the Board of the National Credit Union Administration.
Pub. L. 111–203, § 1088(a)(10)(F)Subsec. (f)(2). , substituted “the Federal Trade Commission, the Federal banking agencies,” for “the Federal banking agencies”.
Pub. L. 111–203, § 1088(a)(2)(C)Subsec. (f)(3). , substituted “the Bureau” for “the Commission”.
Pub. L. 111–203, § 1088(a)(2)(C)Subsec. (g). , substituted “the Bureau” for “the Commission” in two places.
Pub. L. 111–203, § 1088(a)(2)(B), substituted “Bureau” for “FTC” in heading.
Pub. L. 108–159, § 811(f)2003—Subsec. (b)(1)(B). , substituted “25A” for “25(a)”.
Pub. L. 108–159, § 312(e)(2)(A)Subsec. (c)(1)(B)(ii). , substituted “described in any of paragraphs (1) through (3) of section 1681s–2(c)” for “of section 1681s–2(a)”.
Pub. L. 108–159, § 312(e)(2)(B)(ii)Subsec. (c)(5). , substituted “certain violations” for “violation of section 1681s–2(a)(1)” in heading.
Pub. L. 108–159, § 312(e)(2)(B)(i)Subsec. (c)(5)(A), (B). , substituted “described in any of paragraphs (1) through (3) of section 1681s–2(c)” for “of section 1681s–2(a)(1)”.
Pub. L. 108–159, § 153Subsec. (f). , added subsec. (f).
Pub. L. 108–159, § 412(e)Subsec. (g). , added subsec. (g).
Pub. L. 106–102, § 506(b)1999—Subsec. (a)(4). , struck out par. (4) which read as follows: “Neither the Commission nor any other agency referred to in subsection (b) of this section may prescribe trade regulation rules or other regulations with respect to this subchapter.”
Pub. L. 106–102, § 506(a)(1)Subsec. (d). , struck out at the end “Notwithstanding the preceding, no agency referred to in subsection (b) of this section may conduct an examination of a bank, savings association, or credit union regarding compliance with the provisions of this subchapter, except in response to a complaint (or if the agency otherwise has knowledge) that the bank, savings association, or credit union has violated a provision of this subchapter, in which case, the agency may conduct an examination as necessary to investigate the complaint. If an agency determines during an investigation in response to a complaint that a violation of this subchapter has occurred, the agency may, during its next 2 regularly scheduled examinations of the bank, savings association, or credit union, examine for compliance with this subchapter.”
Pub. L. 106–102, § 506(a)(2)Subsec. (e). , added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Board of Governors of the Federal Reserve System may issue interpretations of any provision of this subchapter as such provision may apply to any persons identified under paragraph (1), (2), and (3) of subsection (b) of this section, or to the holding companies and affiliates of such persons, in consultation with Federal agencies identified in paragraphs (1), (2), and (3) of subsection (b) of this section.”
Pub. L. 105–3471998—Subsec. (b). struck out “or (e)” after “subject to subsection (d)” in introductory provisions.
Pub. L. 104–208, § 2416(b)(1)Pub. L. 104–208, § 2416(a)1996—Subsec. (a). , which directed the amendment of subsec. (a) by inserting heading “Enforcement by Federal Trade Commission” before “Compliance with the requirements”, was executed by making the insertion after “(a)”, to reflect the probable intent of Congress and the amendment by . See below.
Pub. L. 104–208, § 2416(a), inserted “(1)” after “(a)” and added pars. (2) to (4).
Pub. L. 104–208, § 2416(b)(2)section 1681m of this titleSubsec. (b). , inserted heading and in introductory provisions substituted “Compliance with the requirements imposed under this subchapter with respect to consumer reporting agencies, persons who use consumer reports from such agencies, persons who furnish information to such agencies, and users of information that are subject to subsection (d) or (e) of shall be enforced under—” for “Compliance with the requirements imposed under this subchapter with respect to consumer reporting agencies and persons who use consumer reports from such agencies shall be enforced under—”.
Pub. L. 104–208, § 2417(2)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).
Pub. L. 104–208, § 2416(c), inserted at end “Notwithstanding the preceding, no agency referred to in subsection (b) of this section may conduct an examination of a bank, savings association, or credit union regarding compliance with the provisions of this subchapter, except in response to a complaint (or if the agency otherwise has knowledge) that the bank, savings association, or credit union has violated a provision of this subchapter, in which case, the agency may conduct an examination as necessary to investigate the complaint. If an agency determines during an investigation in response to a complaint that a violation of this subchapter has occurred, the agency may, during its next 2 regularly scheduled examinations of the bank, savings association, or credit union, examine for compliance with this subchapter.”
Pub. L. 104–208, § 2417(1)Subsec. (d). , redesignated subsec. (c) as (d).
Pub. L. 104–208, § 2418Subsec. (e). , added subsec. (e).
Pub. L. 104–881995—Subsec. (b)(4). 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”.
Pub. L. 102–5501992—Subsec. (b)(1)(C). substituted semicolon for period at end.
Pub. L. 102–242, § 212(c)(2)12 U.S.C. 1813(s)12 U.S.C. 31011991—Subsec. (b). , 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 () shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 ().”
Pub. L. 102–242, § 212(c)(1), 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, by the Comptroller of the Currency;
“(B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and
“(C) banks 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.”
Pub. L. 101–731989—Subsec. (b)(2). 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;”.
Pub. L. 98–4431984—Subsec. (b)(5). substituted “Secretary of Transportation” for “Civil Aeronautics Board”.
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 2003 Amendment
Pub. L. 108–159section 3 of Pub. L. 108–159section 1681 of this titleAmendment by subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see , set out as a note under .
section 412(e) of Pub. L. 108–159section 412(g) of Pub. L. 108–159section 1681b of this titleAmendment by effective at end of 15-month period beginning on , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–347section 2403 of Pub. L. 104–208section 7 of Pub. L. 105–347section 1681a of this titleAmendment by deemed to have same effective date as amendments made by , see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–208section 2420 of Pub. L. 104–208section 1681a of this titleAmendment by effective 365 days after , with special rule for early compliance, see , set out as a note under .
Effective Date of 1995 Amendment
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.
Effective Date of 1992 Amendment
Pub. L. 102–550Pub. L. 102–242section 1609(a) of Pub. L. 102–550section 191 of Title 12Amendment by effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, , as of , see , set out as a note under , Banks and Banking.
Effective Date of 1984 Amendment
Pub. L. 98–443section 9(v) of Pub. L. 98–443section 5314 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.
Effective Date
section 504(d) of Pub. L. 90–321Pub. L. 91–508section 1681 of this titleSection effective upon the expiration of one hundred and eighty days following , see , as added by , set out as a note under .
Transfer of Functions
section 1752a of Title 12Functions vested in Administrator of National Credit Union Administration transferred and vested in National Credit Union Administration Board pursuant to , Banks and Banking.