§ 1693o. — 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: 15USC1693o]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER VI--ELECTRONIC FUND TRANSFERS
Sec. 1693o. 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.\2\
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\2\ So in original. The period probably should be a semicolon.
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(4) 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; and
(5) the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.],
by the Securities and Exchange Commission, with respect to any
broker or dealer subject to that Act.
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 pre-existing statutory
requirements; additional 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.
(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 subject to the jurisdiction of the Commission
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.
(Pub. L. 90-321, title IX, Sec. 917, as added Pub. L. 95-630, title XX,
Sec. 2001, Nov. 10, 1978, 92 Stat. 3739; amended Pub. L. 101-73, title
VII, Sec. 744(o), Aug. 9, 1989, 103 Stat. 440; Pub. L. 102-242, title
II, Sec. 212(f), Dec. 19, 1991, 105 Stat. 2301; Pub. L. 104-287,
Sec. 6(h), Oct. 11, 1996, 110 Stat. 3399.)
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 Securities Exchange Act of 1934, referred to in subsec. (a)(5),
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 section 78a 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), ``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,
Transportation.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-287 substituted ``Secretary of
Transportation'' for ``Civil Aeronautics Board''.
1991--Subsec. (a). Pub. L. 102-242, Sec. 212(f)(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(f)(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 Board;
``(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;''.
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;''.
Transfer of Functions
Functions vested in Administrator of National Credit Union
Administration transferred and vested in National Credit Union
Administration Board pursuant to section 1752a of Title 12, Banks and
Banking.
Section Referred to in Other Sections
This section is referred to in sections 1693b, 1693p of this title.
