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15 U.S.C. § 1691d — Applicability of other laws

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1691d — Applicability of other laws

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Source file: Laws/federal/codes/united-states-code/title-15/section-1691d-applicability-of-other-laws--932ec0b034.md
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Source location: Title 15, Chapter 41, § 1691d; chapter-041-consumer-credit-protection.md

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**(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 determining applicability** Where the same act or omission constitutes a violation of this subchapter and of applicable State law, a person aggrieved by such conduct may bring a legal action to recover monetary damages either under this subchapter or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions. **(f) Compliance with inconsistent State laws; determination of inconsistency** This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this subchapter if the Bureau determines that such law gives greater protection to the applicant. **(g) Exemption by regulation of credit transactions covered by State law; failure to comply with State law** The Bureau shall by regulation exempt from the requirements of sections 1691 and 1691a of 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 enforcement. Failure to comply with any requirement of such State law in any transaction so exempted shall constitute a violation of this subchapter for the purposes of [section 1691e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1691e&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1691 — Scope of prohibition

**(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

5 U.S.C. § 552a — Records maintained on individuals

**(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

15 U.S.C. § 1691e — Civil liability

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1691e

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1691d — Applicability of other laws

Page 1631 TITLE 15—COMMERCE AND TRADE § 1691d mine whether the applicants are women- owned, minority-owned, or small businesses for purposes of this section. (h) Definitions For purposes of this section, the following definitions shall apply: (1) Financial institution The term ‘‘financial institution’’ means any partnership, company, corporation, associa- tion (incorporated or unincorporated), trust, estate, cooperative organization, or other en- tity that engages in any financial activity. (2) Small business The term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ in section 632 of this title. (3) Small business loan The term ‘‘small business loan’’ means a loan made to a small business. (4) Minority The term ‘‘minority’’ has the same meaning as in section 1204(c)(3) of the Financial Institu- tions Reform, Recovery, and Enforcement Act of 1989. (5) Minority-owned business The term ‘‘minority-owned business’’ means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more mi- nority individuals; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more minor- ity individuals. (6) Women-owned business The term ‘‘women-owned business’’ means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more women; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more women. (Pub. L. 90–321, title VII, § 704B, as added Pub. L. 111–203, title X, § 1071(a), July 21, 2010, 124 Stat. 2056.) Editorial Notes REFERENCES IN TEXT Section 1204(c)(3) of the Financial Institutions Re- form, Recovery, and Enforcement Act of 1989, referred to in subsec. (h)(4), is section 1204(c)(3) of Pub. L. 101

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1691d

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