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Editorial Notes: Eferences in EXT
Editorial Notes: Eferences in EXT
fails to take action within 60 days of the request § 5565. Relief available
of the Bureau.
(a) Administrative proceedings or court actions
(f) Forum (1) Jurisdiction
Any civil action brought under this title 1 may The court (or the Bureau, as the case may
be brought in a United States district court or be) in an action or adjudication proceeding
in any court of competent jurisdiction of a state brought under Federal consumer financial law,
in a district in which the defendant is located or shall have jurisdiction to grant any appro-
resides or is doing business, and such court shall priate legal or equitable relief with respect to
have jurisdiction to enjoin such person and to a violation of Federal consumer financial law,
require compliance with any Federal consumer including a violation of a rule or order pre-
financial law. scribed under a Federal consumer financial
(g) Time for bringing action law.
(2) Relief
(1) In general
Relief under this section may include, with-
Except as otherwise permitted by law or eq- out limitation—
uity, no action may be brought under this (A) rescission or reformation of contracts;
title 1 more than 3 years after the date of dis- (B) refund of moneys or return of real
covery of the violation to which an action re- property;
lates. (C) restitution;
(2) Limitations under other Federal laws (D) disgorgement or compensation for un-
just enrichment;
(A) In general (E) payment of damages or other monetary
An action arising under this title 1 does relief;
not include claims arising solely under enu- (F) public notification regarding the viola-
merated consumer laws. tion, including the costs of notification;
(G) limits on the activities or functions of
(B) Bureau authority the person; and
In any action arising solely under an enu- (H) civil money penalties, as set forth
merated consumer law, the Bureau may more fully in subsection (c).
commence, defend, or intervene in the ac- (3) No exemplary or punitive damages
tion in accordance with the requirements of
that provision of law, as applicable. Nothing in this subsection shall be con-
strued as authorizing the imposition of exem-
(C) Transferred authority plary or punitive damages.
In any action arising solely under laws for (b) Recovery of costs
which authorities were transferred under In any action brought by the Bureau, a State
subtitles F and H, the Bureau may com- attorney general, or any State regulator to en-
mence, defend, or intervene in the action in force any Federal consumer financial law, the
accordance with the requirements of that Bureau, the State attorney general, or the State
provision of law, as applicable. regulator may recover its costs in connection
(Pub. L. 111–203, title X, § 1054, July 21, 2010, 124 with prosecuting such action if the Bureau, the
Stat. 2028.) State attorney general, or the State regulator is
the prevailing party in the action.
Editorial Notes (c) Civil money penalty in court and administra-
tive actions
REFERENCES IN TEXT (1) In general
This title, referred to in subsecs. (b), (d)(2)(C), (f), and Any person that violates, through any act or
(g)(1), (2)(A), is title X of Pub. L. 111–203, July 21, 2010,
124 Stat. 1955, known as the Consumer Financial Pro-
omission, any provision of Federal consumer
tection Act of 2010, which enacted this subchapter and financial law shall forfeit and pay a civil pen-
enacted, amended, and repealed numerous other sec- alty pursuant to this subsection.
tions and notes in the Code. For complete classification (2) Penalty amounts
of title X to the Code, see Short Title note set out
under section 5301 of this title and Tables.
(A) First tier
Subtitle F, referred to in subsec. (g)(2)(C), is subtitle For any violation of a law, rule, or final
F (§§ 1061–1067) of title X of Pub. L. 111–203, July 21, 2010, order or condition imposed in writing by the
124 Stat. 2035, which is classified generally to part F Bureau, a civil penalty may not exceed $5,000
(§ 5581 et seq.) of this subchapter. For complete classi- for each day during which such violation or
fication of subtitle F to the Code, see Tables.
Subtitle H, referred to in subsec. (g)(2)(C), is subtitle
failure to pay continues.
H (§§ 1081–1100H) of title X of Pub. L. 111–203, July 21, (B) Second tier
2010, 124 Stat. 2080. For complete classification of sub-
Notwithstanding paragraph (A), for any
title H to the Code, see Tables.
person that recklessly engages in a violation
of a Federal consumer financial law, a civil
Statutory Notes and Related Subsidiaries penalty may not exceed $25,000 for each day
during which such violation continues.
EFFECTIVE DATE
(C) Third tier
Section effective on the designated transfer date, see
section 1058 of Pub. L. 111–203, set out as a note under Notwithstanding subparagraphs (A) and
section 5561 of this title. (B), for any person that knowingly violates a
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