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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 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 Against Use of Interstate Branches Primarily 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
______________

TABLE OF CONTENTS

CONSUMER CREDIT PROTECTION ACT

Section


1 Short title of entire Act

Title I—Consumer Credit Cost Disclosure

CHAPTER 1—GENERAL PROVISIONS


101 Short title
102 Congressional findings and declaration of purpose
103 Definitions and rules of construction
104 Exempted transactions
105 Disclosure guidelines
106 Determination of finance charge
107 Determination of annual percentage rate
108 Administrative enforcement
109 Views of other agencies
110 [Repealed]
111 Effect on other laws
112 Criminal liability for willful and knowing violation
113 Effect on governmental agencies
114 Annual Reports to Congress by Bureau
115 [Repealed]
933 Prohibition on use of "Rule of 78's" in connection with mortgage refinancings and other consumer loans 502 Board Review of of consumer credit plans and regulations

CHAPTER 2—CREDIT TRANSACTIONS


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126 [Repealed]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

CHAPTER 3—CREDIT ADVERTISING


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

CHAPTER 4—CREDIT BILLING


161 Correction of billing errors
162 Regulation of credit reports
163 Timing of payments
164 Prompt crediting of payments
165 Treatment of credit balances
166 Prompt notification of returns
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
168 Prohibition of tie-in services
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
170 Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction; prerequisites; limitation on amount of claims defenses
171 Limits on interest rate, fee and finance charge increases applicable to outstanding balances
172 Additional limits on interest rate increases
173 Applicability of State laws

CHAPTER 5—CONSUMER LEASES


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

Title II—Extortionate Credit Transactions


201 Findings and purpose
203 Reports of Attorney General [Repealed]

CHAPTER 42—EXTORTIONATE CREDIT TRANSACTIONS


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

Title III—Restriction on Garnishment


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

Title IV—National Commission on Consumer Finance


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

Title V—General Provisions


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

Title VI—Consumer Credit Reporting


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

Title VII—Equal Credit Opportunity


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

Title VIII—Debt Collection Practices


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

Title IX—Electronic Fund Transfers


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

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


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

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


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

COMPETITIVE EQUALITY BANKING ACT OF 1987

TITLE XII—MISCELLANEOUS PROVISIONS


1204 Adjustable rate mortgage caps

NOW ACCOUNTS


2 Prohibition on certain activities by depository institutions

FINANCIAL INSTITUTIONS REGULATORY AND INTEREST RATE CONTROL ACT OF 1978

Title XI—Right to Financial Privacy


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

DEPARTMENT OF LABOR REGULATIONS:
RESTRICTION ON GARNISHMENT

Part 870—Restriction On Garnishment

SUBPART A—GENERAL


870.1 Purpose and scope
870.2 Amendments to this part

SUBPART B—DETERMINATIONS AND INTERPRETATIONS


870.10 Maximum part of aggregate disposable earnings subject to garnishment under section 303a
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


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

HOME MORTGAGE DISCLOSURE ACT OF 1975


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

FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991

Title II—Regulatory Improvement

SUBTITLE F—TRUTH IN SAVINGS


261. Short Title
262. Findings and Purpose
(a) Findings
(b) Purpose
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
264. Account Schedule
(a) In general
(b) Information on fees and changes
(c) Information on interest rates
(d) Other information
(e) Style and format
265. Disclosure Requirements for Certain Accounts
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
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
268. Periodic Statements
269. Regulations
(a) In general
(b) Model forms and clauses
270. Administrative Enforcement
(a) In general
(b) Additional enforcement powers
(c) Regulations by agencies other than the Board
271. [Repealed]
272. Credit Unions 
(a) In general
(b) Regulations prescribed by the NCUA
273. Effect on State Law
274. Definitions

RIEGLE-NEAL INTERSTATE BANKING AND BRANCHING EFFICIENCY ACT
OF 1994


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

FLOOD DISASTER PROTECTION ACT OF 1973


2. Additional Congressional findings and declaration of purpose
3. Additional definitions
102. Flood insurance purchase and compliance requirements and escrow Accounts
21. Treatment of Floodproofed Residential Basements
202. Nonparticipation in flood insurance program
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
100.7 Liability for discriminatory housing practices
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
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
100.600 Quid pro quo and hostile environment harassment
Appendix

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 [Repealed]
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—Routing Number Guide to Next-Day Availability Checks  and Local Checks

Appendix B [Reserved]

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

Appendix D [Reserved]

Appendix E—Commentary

Appendix F—Official Board Interpretations; Preemption  Determinations


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