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15 U.S.C. § 1691e — Civil liability
Federal law — U.S. Code and appendices · legal_authorities
**(a) Individual or class action for actual damages** Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.
**(b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award** Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.
**(c) Action for equitable and declaratory relief** Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter.
**(d) Recovery of costs and attorney fees** In the case of any successful action un
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Source location: Title 15, Chapter 41, § 1691e; chapter-041-consumer-credit-protection.md
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**(a) Individual or class action for actual damages** Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.
**(b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award** Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.
**(c) Action for equitable and declaratory relief** Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter.
**(d) Recovery of costs and attorney fees** In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection.
**(e) Good faith compliance with rule, regulation, or interpretation of Bureau or interpretation or approval by an official or employee of Bureau of Consumer Financial Protection duly authorized by Bureau** No provision of this subchapter imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Bureau of Consumer Financial Protection duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
**(f) Jurisdiction of courts; time for maintenance of action; exceptions** Any action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than 5 years after the date of the occurrence of the violation, except that—
(1) whenever any agency having responsibility for administrative enforcement under [section 1691c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691c&num=0&edition=prelim) commences an enforcement proceeding within 5 years after the date of the occurrence of the violation,
(2) whenever the Attorney General commences a civil action under this section within 5 years after the date of the occurrence of the violation,
then any applicant who has been a victim of the discrimination which is the subject of such proceeding or civil action may bring an action under this section not later than one year after the commencement of that proceeding or action.
**(g) Request by responsible enforcement agency to Attorney General for civil action** The agencies having responsibility for administrative enforcement under [section 1691c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691c&num=0&edition=prelim), if unable to obtain compliance with [section 1691 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691&num=0&edition=prelim), are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. Each agency referred to in paragraphs (1), (2), and (9) of [section 1691c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691c/a&num=0&edition=prelim) shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of [section 1691(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691/a&num=0&edition=prelim). Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated [section 1691(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691/a&num=0&edition=prelim).
**(h) Authority for Attorney General to bring civil action; jurisdiction** When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this subchapter, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including actual and punitive damages and injunctive relief.
**(i) Recovery under both subchapter and fair housing enforcement provisions prohibited for violation based on same transaction** No person aggrieved by a violation of this subchapter and by a violation of [section 3605 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3605&num=0&edition=prelim) shall recover under this subchapter and section 3612 11 See References in Text note below. of title 42, if such violation is based on the same transaction.
**(j) Discovery of creditor’s granting standards** Nothing in this subchapter shall be construed to prohibit the discovery of a creditor’s credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought.
**(k) Notice to HUD of violations** Whenever an agency referred to in paragraph (1), (2), or (3) 1 of [section 1691c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691c/a&num=0&edition=prelim)—
(1) has reason to believe, as a result of receiving a consumer complaint, conducting a consumer compliance examination, or otherwise, that a violation of this subchapter has occurred;
(2) has reason to believe that the alleged violation would be a violation of the Fair Housing Act [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.]; and
(3) does not refer the matter to the Attorney General pursuant to subsection (g),
the agency shall notify the Secretary of Housing and Urban Development of the violation, and shall notify the applicant that the Secretary of Housing and Urban Development has been notified of the alleged violation and that remedies for the violation may be available under the Fair Housing Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities constituting discrimination** It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction—
(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract);
(2) because all or part of the applicant’s income derives from any public assistance program; or
(3) because the applicant has in good faith exercised any right under this chapter.
**(b) Activities not constituting discrimination** It shall not constitute discrimination for purposes of this subchapter for a creditor—
(1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit and not to discriminate in a determination of credit-worthiness;
(2) to make an inquiry of the applicant’s age or of whether the applicant’s income derives from any public assistance program if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Bureau;
(3) to use any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such system the age of an elderly applicant may not be assigned a negative factor or value;
(4) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant is to be used by the creditor in the extension of credit in favor of such applicant; or
(5) to make an inquiry under [section 1691c–2 of this title](https://uscode.house.gov/view.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
**(b) “Residential real estate-related transaction” defined** As used in this section, the term “residential real estate-related transaction” means any of the following:
(1) The making or purchasing of loans or providing other financial assistance—
(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
**(c) Appraisal exemption** Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil action**
(1)
(A) An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.
(B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement.
(2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under [section 3610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/a&num=0&edition=prelim) and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.
(3) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this subchapter with respect to such charge.
**
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Election of judicial determination** When a charge is filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under [section 3610(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/h&num=0&edition=prelim) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates.
**(b) Administrative law judge hearing in absence of election** If an election is not made under subsection (a) with respect to a charge filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim). The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcing agencies** Subject to subtitle B of the Consumer Protection Financial Protection Act of 2010 11 So in original. Probably should be “Consumer Financial Protection Act of 2010”. with 22 So in original. Probably should be “, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim)], by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act ([12 U.S.C. 1813(q)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/q&num=0&edition=prelim)), with respect to—
(A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks;
(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 25A of the Federal Reserve Act [[12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) et seq., 611 et seq.]; and
(C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks;
(2) The Federal Credit Union Act [[12 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1751&num=0&edition=prelim) et seq.], by the Administrator of the National Credit Union Administration with
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requests for signature of husband and wife for creation of valid lien, etc.** A request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings, shall not constitute discrimination under this subchapter: Provided, however, That this provision shall not be construed to permit a creditor to take sex or marital status into account in connection with the evaluation of creditworthiness of any applicant.
**(b) State property laws affecting creditworthiness** Consideration or application of State property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for purposes of this subchapter.
**(c) State laws prohibiting separate extension of consumer credit to husband and wife** Any provision of State law which prohibits the separate extension of consumer credit to each party to a marriage shall not apply in any case where each party to a marriage voluntarily applies for separate credit from the same creditor: Provided, That in any case where such a State law is so preempted, each party to the marriage shall be solely responsible for the debt so contracted.
**(d) Combining credit accounts of husband and wife with same creditor to determine permissible finance charges or loan ceilings under Federal or State laws** When each party to a marriage separately and voluntarily applies for and obtains separate credit accounts with the same creditor, those accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United States.
**(e) Election of remedies under subchapter or State law; nature of relief determinin
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Federal law — U.S. Code and appendices · legal_authorities
Page 1632
TITLE 15—COMMERCE AND TRADE
§ 1691e
this title any class of credit transactions within
any State if it determines that under the law of
that State that class of transactions is subject
to requirements substantially similar to those
imposed under this subchapter or that such law
gives greater protection to the applicant, and
that there is adequate provision for enforce-
ment. Failure to comply with any requirement
of such State law in any transaction so exempt-
ed shall constitute a violation of this subchapter
for the purposes of section 1691e of this title.
(Pub. L. 90–321, title VII, § 705, as added Pub. L.
93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1523;
amended Pub. L. 94–239, § 5, Mar. 23, 1976, 90 Stat.
253; Pub. L. 111–203, title X, § 1085(1), July 21,
2010, 124 Stat. 2083.)
Editorial Notes
AMENDMENTS
2010—Subsecs. (f), (g). Pub. L. 111–203 substituted ‘‘Bu-
reau’’ for ‘‘Board’’ wherever appearing.
1976—Subsec. (e). Pub. L. 94–239, § 5(1), substituted
provisions requiring an election of remedies in legal ac-
tions involving the recovery of monetary damages, for
provisions specifying a general election of remedies.
Subsecs. (f), (g). Pub. L. 94–239, § 5(2), added subsecs.
(f) and (g).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the des-
ignated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a 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.
§ 1691e. Civil liability
(a) Individual or class action for actual damages
Any c
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1691e
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Federal law — U.S. Code and appendices · legal_authorities
Page 5946
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3550
personnel to conduct investigations, establish guide-
lines and timeframes for such investigations, prescribe
requirements for final reports on violations, and pre-
scribe procedures for conducting investigations of, and
reporting on, Anti-Deficiency Act violations, was not
repeated in subsequent appropriation acts. Similar pro-
visions were contained in the following prior appropria-
tion acts:
Pub. L. 108–447, div. I, title II, Dec. 8, 2004, 118 Stat.
3312.
Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat.
389.
Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat.
499, as amended by Pub. L. 108–199, div. G, title II, Jan.
23, 2004, 118 Stat. 389.
§ 3550. Audit of Department financial statements
For this fiscal year and each fiscal year there-
after, subject to appropriations for that purpose,
the Office of Inspector General shall procure and
rely upon the services of an independent exter-
nal auditor(s) to audit the financial statements
of the Department of Housing and Urban Devel-
opment, including the consolidated financial
statement and the financial statements of the
Federal Housing Administration and the Gov-
ernment National Mortgage Association.
(Pub. L. 116–260, div. L, title II, Dec. 27, 2020, 134
Stat. 1891.)
Editorial Notes
REFERENCES IN TEXT
This fiscal year, referred to in text, is fiscal year 2021.
CODIFICATION
Section was enacted as part of the Department of
Housing and Urban Development Appropriations Act,
2021, and also as part of the Transportation, Housing
and Urban Development, and Related Agencies Appro-
priations Act, 2021, and not as part of the Department
of Housing and Urban Development Act which com-
prises this chapter.
Statutory Notes and Relate
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3601
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