§ 1691c. — Administrative enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1691c]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER IV--EQUAL CREDIT OPPORTUNITY
Sec. 1691c. Administrative enforcement
(a) Enforcing agencies
Compliance with the requirements imposed under this subchapter shall
be enforced under:
(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C.
1818], in the case of--
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the Comptroller of
the Currency;
(B) member banks of the Federal Reserve System (other than
national banks), branches and agencies of foreign banks (other
than Federal branches, Federal agencies, and insured State
branches of foreign banks), commercial lending companies owned
or controlled by foreign banks, and organizations operating
under section 25 or 25(a) \1\ of the Federal Reserve Act [12
U.S.C. 601 et seq., 611 et seq.], by the Board; and
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\1\ See References in Text note below.
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(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve System)
and insured State branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance Corporation;
(2) Section 8 of the Federal Deposit Insurance Act [12 U.S.C.
1818], by the Director of the Office of Thrift Supervision, in the
case of a savings association the deposits of which are insured by
the Federal Deposit Insurance Corporation.
(3) 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.
(4) Subtitle IV of title 49, by the Secretary of Transportation,
with respect to all carriers subject to the jurisdiction of the
Surface Transportation Board.
(5) 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.
(6) 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.
(7) The Farm Credit Act of 1971 [12 U.S.C. 2001 et seq.], by the
Farm Credit Administration with respect to any Federal land bank,
Federal land bank association, Federal intermediate credit bank, and
production credit association;
(8) The Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.],
by the Securities and Exchange Commission with respect to brokers
and dealers; and
(9) The Small Business Investment Act of 1958 [15 U.S.C. 661 et
seq.], by the Small Business Administration, with respect to small
business investment companies.
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 (12 U.S.C. 1813(s)) shall have the meaning given to them in section
1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).
(b) Violations of subchapter deemed violations of preexisting statutory
requirements; additional agency powers
For the purpose of the exercise by any agency referred to in
subsection (a) of this section 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 (a) of this section, 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. The exercise of the
authorities of any of the agencies referred to in subsection (a) of this
section for the purpose of enforcing compliance with any requirement
imposed under this subchapter shall in no way preclude the exercise of
such authorities for the purpose of enforcing compliance with any other
provision of law not relating to the prohibition of discrimination on
the basis of sex or marital status with respect to any aspect of a
credit transaction.
(c) Overall enforcement authority of Federal Trade Commission
Except to the extent that enforcement of the requirements imposed
under this subchapter is specifically committed to some other Government
agency under subsection (a) of this section, the Federal Trade
Commission shall enforce such requirements. For the purpose of the
exercise by the Federal Trade Commission of its functions and powers
under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], a
violation of any requirement imposed under this subchapter shall be
deemed a violation of a requirement imposed under that Act. All of the
functions and powers of the Federal Trade Commission under the Federal
Trade Commission Act are available to the Commission to enforce
compliance by any person with the requirements imposed under this
subchapter, irrespective of whether that person is engaged in commerce
or meets any other jurisdictional tests in the Federal Trade Commission
Act, including the power to enforce any Federal Reserve Board regulation
promulgated under this subchapter in the same manner as if the violation
had been a violation of a Federal Trade Commission trade regulation
rule.
(d) Rules and regulations by enforcing agencies
The authority of the Board to issue regulations under this
subchapter does not impair the authority of any other agency designated
in this section to make rules respecting its own procedures in enforcing
compliance with requirements imposed under this subchapter.
(Pub. L. 90-321, title VII, Sec. 704, as added Pub. L. 93-495, title V,
Sec. 503, Oct. 28, 1974, 88 Stat. 1522; amended Pub. L. 94-239, Sec. 4,
Mar. 23, 1976, 90 Stat. 253; Pub. L. 98-443, Sec. 9(n), Oct. 4, 1984, 98
Stat. 1708; Pub. L. 101-73, title VII, Sec. 744(m), Aug. 9, 1989, 103
Stat. 439; Pub. L. 102-242, title II, Sec. 212(d), Dec. 19, 1991, 105
Stat. 2300; Pub. L. 102-550, title XVI, Sec. 1604(a)(7), Oct. 28, 1992,
106 Stat. 4082; Pub. L. 104-88, title III, Sec. 315, Dec. 29, 1995, 109
Stat. 948.)
References in Text
Section 25(a) of the Federal Reserve Act, referred to in subsec.
(a)(1)(B), which is classified to subchapter II (Sec. 611 et seq.) of
chapter 6 of Title 12, Banks and Banking, was renumbered section 25A of
that act by Pub. L. 102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105
Stat. 2281. Section 25 of the Federal Reserve Act is classified to
subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12.
The Federal Credit Union Act, referred to in subsec. (a)(3), is act
June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified
generally to chapter 14 (Sec. 1751 et seq.) of Title 12. For complete
classification of this Act to the Code, see section 1751 of Title 12 and
Tables.
The Packers and Stockyards Act, 1921, referred to in subsec. (a)(6),
is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended, which is
classified to chapter 9 (Sec. 181 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see section 181 of
Title 7 and Tables.
The Farm Credit Act of 1971, referred to in subsec. (a)(7), is Pub.
L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is classified
generally to chapter 23 (Sec. 2001 et seq.) of Title 12, Banks and
Banking. For complete classification of this Act to the Code, see Short
Title note set out under section 2001 of Title 12 and Tables.
The Securities Exchange Act of 1934, referred to in subsec. (a)(8),
is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is
classified principally to chapter 2B (Sec. 78a et seq.) of this title.
For complete classification of this Act to the Code, see Codification
note set out under section 78a of this title and Tables.
The Small Business Investment Act of 1958, referred to in subsec.
(a)(9), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended,
which is classified principally to chapter 14B (Sec. 661 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 661 of this title and Tables.
The Federal Trade Commission Act, referred to in subsec. (c), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Codification
In subsec. (a)(4), ``Subtitle IV of title 49'' substituted for ``The
Acts to regulate commerce'' on authority of Pub. L. 95-473, Sec. 3(b),
Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted
subtitle IV of Title 49, Transportation.
In subsec. (a)(5), ``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 Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first
section of which enacted subtitles II, III, and V to X of Title 49.
Amendments
1995--Subsec. (a)(4). Pub. L. 104-88 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''.
1992--Subsec. (a)(1)(C). Pub. L. 102-550 substituted semicolon for
period at end.
1991--Subsec. (a). Pub. L. 102-242, Sec. 212(d)(2), 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 (12 U.S.C. 1813(s)) shall have the meaning given to them
in section 1(b) of the International Banking Act of 1978 (12 U.S.C.
3101).''
Pub. L. 102-242, Sec. 212(d)(1), added par. (1) and struck out
former par. (1) which read as follows: ``Section 8 of 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,
``(C) banks the deposits or accounts of which are 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.''
1989--Subsec. (a)(2). Pub. L. 101-73 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.''
1984--Subsec. (a)(5). Pub. L. 98-443 substituted ``Secretary of
Transportation'' for ``Civil Aeronautics Board''.
1976--Subsec. (c). Pub. L. 94-239 inserted provisions giving the
Federal Trade Commission power to enforce any regulation of the Federal
Reserve Board promulgated under this subchapter.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-550 effective as if included in the Federal
Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242,
as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as
a note under section 191 of Title 12, Banks and Banking.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v)
of Pub. L. 98-443, set out as a note under section 5314 of Title 5,
Government Organization and Employees.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-239 effective Mar. 23, 1976, see section 708
of Pub. L. 90-321, set out as an Effective Date note under section 1691
of this title.
Section Referred to in Other Sections
This section is referred to in sections 1691e, 1691f of this title;
title 12 section 4545.
