15 U.S.C. § 1611 — Criminal liability for willful and knowing

Page 1472 TITLE 15—COMMERCE AND TRADE § 1611 1 See References in Text note below. applicable to certain mortgages under section 1639 of this title. (b) State credit charge statutes Except as provided in section 1639 of this title, this subchapter does not otherwise annul, alter or affect in any manner the meaning, scope or applicability of the laws of any State, including, but not limited to, laws relating to the types, amounts or rates of charges, or any element or elements of charges, permissible under such laws in connection with the extension or use of credit, nor does this subchapter extend the ap- plicability of those laws to any class of persons or transactions to which they would not other- wise apply. The provisions of section 1639 of this title do not annul, alter, or affect the applica- bility of the laws of any State or exempt any person subject to the provisions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) 1 of this title, except to the extent that those State laws are inconsistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency. (c) Disclosure as evidence In any action or proceeding in any court in- volving a consumer credit sale, the disclosure of the annual percentage rate as required under this subchapter in connection with that sale may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale. (d) Contract or other obligations under State or Federal law Except as specified in sections 1635, 1640, and 1666e of this title, this subchapter and the regu- lations issued thereunder do not affect the valid- ity or enforceability of any contract or obliga- tion under State or Federal law. (e) Certain credit and charge card application and solicitation disclosure provisions The provisions of subsection (c) of section 1632 of this title and subsections (c), (d), (e), and (f) of section 1637 of this title shall supersede any provision of the law of any State relating to the disclosure of information in any credit or charge card application or solicitation which is subject to the requirements of section 1637(c) of this title or any renewal notice which is subject to the requirements of section 1637(d) of this title, except that any State may employ or establish State laws for the purpose of enforcing the re- quirements of such sections. (Pub. L. 90–321, title I, § 111, May 29, 1968, 82 Stat. 151; Pub. L. 93–495, title III, § 307(b), Oct. 28, 1974, 88 Stat. 1516; Pub. L. 96–221, title VI, § 609, Mar. 31, 1980, 94 Stat. 173; Pub. L. 100–583, § 4, Nov. 3, 1988, 102 Stat. 2967; Pub. L. 103–325, title I, § 152(e)(2)(B), (C), Sept. 23, 1994, 108 Stat. 2194; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.) Editorial Notes REFERENCES IN TEXT Section 1602(aa) of this title, referred to in subsec. (b), was redesignated section 1602(bb) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Board’’ wherever appearing. 1994—Subsec. (a)(2). Pub. L. 103–325, § 152(e)(2)(B), which directed the amendment of par. (2) by inserting ‘‘, and such State-required disclosure may not be made in lieu of the disclosures applicable to certain mort- gages under section 1639 of this title’’ before period, was executed by making the insertion before period at end of par. (2), to reflect the probable intent of Con- gress. Subsec. (b). Pub. L. 103–325, § 152(e)(2)(C), substituted ‘‘Except as provided in section 1639 of this title, this subchapter’’ for ‘‘This subchapter’’ and inserted at end ‘‘The provisions of section 1639 of this title do not annul, alter, or affect the applicability of the laws of any State or exempt any person subject to the provi- sions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) of this title, except to the extent that those State laws are in- consistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency.’’ 1988—Subsec. (a)(1). Pub. L. 100–583, § 4(1), substituted ‘‘Except as provided in subsection (e), this part’’ for ‘‘This part’’. Subsec. (e). Pub. L. 100–583, § 4(2), added subsec. (e). 1980—Subsec. (a). Pub. L. 96–221 designated existing provisions as par. (1), substituted provisions respecting the effect of this part and parts B and C of this sub- chapter, and procedures applicable for determination, for provisions respecting the effect of this subchapter, and added par. (2). 1974—Subsec. (d). Pub. L. 93–495 inserted reference to section 1666e of this title. 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 1980 AMENDMENT Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be pre- scribed to be promulgated at least one year prior to such effective date, and allowing any creditor to com- ply with any amendments, in accordance with the regu- lations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93–495, see section 308 of Pub. L. 93–495, set out as an Effective Date note under section 1666 of this title. § 1611. Criminal liability for willful and knowing violation Whoever willfully and knowingly (1) gives false or inaccurate information or fails to provide information which he is re- quired to disclose under the provisions of this subchapter or any regulation issued there- under, (2) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the an- nual percentage rate determined under section 1606(a)(1)(A) of this title, or Page 1473 TITLE 15—COMMERCE AND TRADE § 1613 (3) otherwise fails to comply with any re- quirement imposed under this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year, or both. (Pub. L. 90–321, title I, § 112, May 29, 1968, 82 Stat. 151; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.) Editorial Notes AMENDMENTS 2010—Par. (2). Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’. 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. § 1612. Effect on government agencies (a) Consultation requirements respecting compli- ance of credit instruments issued to partici- pating creditor Any department or agency of the United States which administers a credit program in which it extends, insures, or guarantees con- sumer credit and in which it provides instru- ments to a creditor which contain any disclo- sures required by this subchapter shall, prior to the issuance or continued use of such instru- ments, consult with the Bureau to assure that such instruments comply with this subchapter. (b) Inapplicability of Federal civil or criminal penalties to Federal, State, and local agen- cies No civil or criminal penalty provided under this subchapter for any violation thereof may be imposed upon the United States or any depart- ment or agency thereof, or upon any State or political subdivision thereof, or any agency of any State or political subdivision. (c) Inapplicability of Federal civil or criminal penalties to participating creditor where vio- lating instrument issued by United States A creditor participating in a credit program administered, insured, or guaranteed by any de- partment or agency or the United States shall not be held liable for a civil or criminal penalty under this subchapter in any case in which the violation results from the use of an instrument required by any such department or agency. (d) Applicability of State penalties to violations by participating creditor A creditor participating in a credit program administered, insured, or guaranteed by any de- partment or agency of the United States shall not be held liable for a civil or criminal penalty under the laws of any State (other than laws de- termined under section 1610 of this title to be in- consistent with this subchapter) for any tech- nical or procedural failure, such as a failure to use a specific form, to make information avail- able at a specific place on an instrument, or to use a specific typeface, as required by State law, which is caused by the use of an instrument re- quired to be used by such department or agency. (Pub. L. 90–321, title I, § 113, May 29, 1968, 82 Stat. 151; Pub. L. 96–221, title VI, § 622(a), Mar. 31, 1980, 94 Stat. 184; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Board’’. 1980—Pub. L. 96–221 amended section generally, desig- nating existing provisions as subsec. (b) and adding subsecs. (a), (c), and (d). 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 1980 AMENDMENT Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be pre- scribed to be promulgated at least one year prior to such effective date, and allowing any creditor to com- ply with any amendments, in accordance with the regu- lations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title. § 1613. Annual reports to Congress by Bureau Each year the Bureau shall make a report to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems nec- essary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with the require- ments imposed under this subchapter is being achieved. (Pub. L. 90–321, title I, § 114, May 29, 1968, 82 Stat. 151; Pub. L. 96–221, title VI, § 610(a), Mar. 31, 1980, 94 Stat. 174; Pub. L. 97–375, title II, § 209(b), Dec. 21, 1982, 96 Stat. 1825; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing. 1982—Pub. L. 97–375 struck out requirement that the Attorney General make a report on the same terms as the Board. 1980—Pub. L. 96–221 substituted ‘‘Each year’’ for ‘‘Not later than January 3 of each year after 1969,’’. 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 1980 AMENDMENT Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be pre- scribed to be promulgated at least one year prior to such effective date, and allowing any creditor to com-