15 USC 1681s - Administrative enforcement

U.S Code last checked for updates: Apr 26, 2024

§ 1681s.

Administrative enforcement

(a)

Enforcement by Federal Trade Commission

(1)

In general

(2)

Penalties

(A)

Knowing violations

(B)

Determining penalty amount

(C)

Limitation

(b)

Enforcement by other agencies

(1)

In general

Subject to subtitle B of the Consumer Financial Protection Act of 2010, 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 section 1681m(d) of this title shall be enforced under—

(A)

section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to—

(i)

any national bank or State savings association, and any Federal branch or Federal agency of a foreign bank;

(ii)

any member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, and any organization operating under section 25 or 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.]; and

(iii)

any bank or Federal savings association insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System) and any insured State branch of a foreign bank;

(B)

the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the Administrator of the National Credit Union Administration with respect to any Federal credit union;

(C)

subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;

(D)

part A of subtitle VII of title 49, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to that part;

(E)

the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture, with respect to any activities subject to that Act;

(F)

the Commodity Exchange Act [7 U.S.C. 1 et seq.], with respect to a person subject to the jurisdiction of the Commodity Futures Trading Commission;

(G)

the Federal securities laws, and any other laws that are subject to the jurisdiction of the Securities and Exchange Commission, with respect to a person that is subject to the jurisdiction of the Securities and Exchange Commission; and

(H)

subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau, with respect to any person subject to this subchapter.

(2)

Incorporated definitions

(c)

State action for violations

(1)

Authority of States

In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this subchapter, the State—

(A)

may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction;

(B)

subject to paragraph (5), may bring an action on behalf of the residents of the State to recover—

(i)

damages for which the person is liable to such residents under sections 1681n and 1681o of this title as a result of the violation;

(ii)

in the case of a violation described in any of paragraphs (1) through (3) of section 1681s–2(c) of this title, damages for which the person would, but for section 1681s–2(c) of this title, be liable to such residents as a result of the violation; or

(iii)

damages of not more than $1,000 for each willful or negligent violation; and

(C)

in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court.

(2)

Rights of Federal regulators

The State shall serve prior written notice of any action under paragraph (1) upon the Bureau and the Federal Trade Commission or the appropriate Federal regulator determined under subsection (b) and provide the Bureau and the Federal Trade Commission or appropriate Federal regulator with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Bureau and the Federal Trade Commission or appropriate Federal regulator shall have the right—

(A)

to intervene in the action;

(B)

upon so intervening, to be heard on all matters arising therein;

(C)

to remove the action to the appropriate United States district court; and

(D)

to file petitions for appeal.

(3)

Investigatory powers

(4)

Limitation on State action while Federal action pending

(5)

Limitations on State actions for certain violations

(A)

Violation of injunction required

A State may not bring an action against a person under paragraph (1)(B) for a violation described in any of paragraphs (1) through (3) of section 1681s–2(c) of this title, unless—

(i)

the person has been enjoined from committing the violation, in an action brought by the State under paragraph (1)(A); and

(ii)

the person has violated the injunction.

(B)

Limitation on damages recoverable

(d)

Enforcement under other authority

(e)

Regulatory authority

(1)

In general

(2)

Deference

(f)

Coordination of consumer complaint investigations

(1)

In general

(2)

Model form and procedure for reporting identity theft

(3)

Annual summary reports

(g)

Bureau regulation of coding of trade names

(Pub. L. 90–321, title VI, § 621, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134; amended Pub. L. 98–443, § 9(n), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 101–73, title VII, § 744(l), Aug. 9, 1989, 103 Stat. 439; Pub. L. 102–242, title II, § 212(c), Dec. 19, 1991, 105 Stat. 2300; Pub. L. 102–550, title XVI, § 1604(a)(6), Oct. 28, 1992, 106 Stat. 4082; Pub. L. 104–88, title III, § 314, Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–208, div. A, title II, §§ 2416–2418, Sept. 30, 1996, 110 Stat. 3009–450 to 3009–452; Pub. L. 105–347, § 6(6), Nov. 2, 1998, 112 Stat. 3211; Pub. L. 106–102, title V, § 506(a), (b), Nov. 12, 1999, 113 Stat. 1441, 1442; Pub. L. 108–159, title I, § 153, title III, § 312(e)(2), title IV, § 412(e), title VIII, § 811(f), Dec. 4, 2003, 117 Stat. 1966, 1993, 2003, 2012; Pub. L. 111–203, title X, § 1088(a)(2)(A)–(C), (10), July 21, 2010, 124 Stat. 2087, 2088.)

cite as: 15 USC 1681s