12 U.S.C. § 5551 — Relation to State law

Page 1979 TITLE 12—BANKS AND BANKING § 5551 1 See References in Text note below. PART D—PRESERVATION OF STATE LAW § 5551. Relation to State law (a) In general (1) Rule of construction This title,1 other than sections 1044 through 1048,1 may not be construed as annulling, al- tering, or affecting, or exempting any person subject to the provisions of this title 1 from complying with, the statutes, regulations, or- ders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this title,1 and then only to the extent of the in- consistency. (2) Greater protection under State law For purposes of this subsection, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provi- sions of this title 1 if the protection that such statute, regulation, order, or interpretation affords to consumers is greater than the pro- tection provided under this title.1 A deter- mination regarding whether a statute, regula- tion, order, or interpretation in effect in any State is inconsistent with the provisions of this title 1 may be made by the Bureau on its own motion or in response to a nonfrivolous petition initiated by any interested person. (b) Relation to other provisions of enumerated consumer laws that relate to State law No provision of this title,1 except as provided in section 1083,1 shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the application of a law in effect in any State with respect to such Federal law. (c) Additional consumer protection regulations in response to State action (1) Notice of proposed rule required The Bureau shall issue a notice of proposed rulemaking whenever a majority of the States has enacted a resolution in support of the es- tablishment or modification of a consumer protection regulation by the Bureau. (2) Bureau considerations required for issuance of final regulation Before prescribing a final regulation based upon a notice issued pursuant to paragraph (1), the Bureau shall take into account whether— (A) the proposed regulation would afford greater protection to consumers than any existing regulation; (B) the intended benefits of the proposed regulation for consumers would outweigh any increased costs or inconveniences for consumers, and would not discriminate un- fairly against any category or class of con- sumers; and (C) a Federal banking agency has advised that the proposed regulation is likely to present an unacceptable safety and sound- ness risk to insured depository institutions. (3) Explanation of considerations The Bureau— (A) shall include a discussion of the con- siderations required in paragraph (2) in the Federal Register notice of a final regulation prescribed pursuant to this subsection; and (B) whenever the Bureau determines not to prescribe a final regulation, shall publish an explanation of such determination in the Federal Register, and provide a copy of such explanation to each State that enacted a resolution in support of the proposed regula- tion, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives. (4) Reservation of authority No provision of this subsection shall be con- strued as limiting or restricting the authority of the Bureau to enhance consumer protection standards established pursuant to this title 1 in response to its own motion or in response to a request by any other interested person. (5) Rule of construction No provision of this subsection shall be con- strued as exempting the Bureau from com- plying with subchapter II of chapter 5 of title 5. (6) Definition For purposes of this subsection, the term ‘‘consumer protection regulation’’ means a regulation that the Bureau is authorized to prescribe under the Federal consumer finan- cial laws. (Pub. L. 111–203, title X, § 1041, July 21, 2010, 124 Stat. 2011.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a), (b), and (c)(4), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under sec- tion 5301 of this title and Tables. Sections 1044 through 1048, referred to in subsec. (a)(1), are sections 1044 to 1048 of Pub. L. 111–203, which enacted and amended sections 25b and 1465 of this title and enacted provisions set out as a note below. Section 1083, referred to in subsec. (b), is section 1083 of Pub. L. 111–203, which amended sections 3802 and 3803 of this title and enacted provisions set out as notes under section 3802 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–203, title X, § 1048, July 21, 2010, 124 Stat. 2018, provided that: ‘‘This subtitle [subtitle D (§§ 1041–1048) of title X of Pub. L. 111–203, enacting this part and enacting and amending sections 25b and 1465 of this title] shall become effective on the designated transfer date.’’ [The term ‘‘designated transfer date’’ is defined in section 5481(9) of this title as the date established under section 5582 of this title.] Page 1980 TITLE 12—BANKS AND BANKING § 5552 1 See References in Text note below. § 5552. Preservation of enforcement powers of States (a) In general (1) Action by State Except as provided in paragraph (2), the at- torney general (or the equivalent thereof) of any State may bring a civil action in the name of such State in any district court of the United States in that State or in State court that is located in that State and that has ju- risdiction over the defendant, to enforce provi- sions of this title 1 or regulations issued under this title,1 and to secure remedies under provi- sions of this title 1 or remedies otherwise pro- vided under other law. A State regulator may bring a civil action or other appropriate pro- ceeding to enforce the provisions of this title 1 or regulations issued under this title 1 with re- spect to any entity that is State-chartered, in- corporated, licensed, or otherwise authorized to do business under State law (except as pro- vided in paragraph (2)), and to secure remedies under provisions of this title 1 or remedies oth- erwise provided under other provisions of law with respect to such an entity. (2) Action by State against national bank or Federal savings association to enforce rules (A) In general Except as permitted under subparagraph (B), the attorney general (or equivalent thereof) of any State may not bring a civil action in the name of such State against a national bank or Federal savings association to enforce a provision of this title.1 (B) Enforcement of rules permitted The attorney general (or the equivalent thereof) of any State may bring a civil ac- tion in the name of such State against a na- tional bank or Federal savings association in any district court of the United States in the State or in State court that is located in that State and that has jurisdiction over the defendant to enforce a regulation prescribed by the Bureau under a provision of this title 1 and to secure remedies under provi- sions of this title 1 or remedies otherwise provided under other law. (3) Rule of construction No provision of this title 1 shall be construed as modifying, limiting, or superseding the op- eration of any provision of an enumerated con- sumer law that relates to the authority of a State attorney general or State regulator to enforce such Federal law. (b) Consultation required (1) Notice (A) In general Before initiating any action in a court or other administrative or regulatory pro- ceeding against any covered person as au- thorized by subsection (a) to enforce any provision of this title,1 including any regula- tion prescribed by the Bureau under this title,1 a State attorney general or State reg- ulator shall timely provide a copy of the complete complaint to be filed and written notice describing such action or proceeding to the Bureau and the prudential regulator, if any, or the designee thereof. (B) Emergency action If prior notice is not practicable, the State attorney general or State regulator shall provide a copy of the complete complaint and the notice to the Bureau and the pruden- tial regulator, if any, immediately upon in- stituting the action or proceeding. (C) Contents of notice The notification required under this para- graph shall, at a minimum, describe— (i) the identity of the parties; (ii) the alleged facts underlying the pro- ceeding; and (iii) whether there may be a need to co- ordinate the prosecution of the proceeding so as not to interfere with any action, in- cluding any rulemaking, undertaken by the Bureau, a prudential regulator, or an- other Federal agency. (2) Bureau response In any action described in paragraph (1), the Bureau may— (A) intervene in the action as a party; (B) upon intervening— (i) remove the action to the appropriate United States district court, if the action was not originally brought there; and (ii) be heard on all matters arising in the action; and (C) appeal any order or judgment, to the same extent as any other party in the pro- ceeding may. (c) Regulations The Bureau shall prescribe regulations to im- plement the requirements of this section and, from time to time, provide guidance in order to further coordinate actions with the State attor- neys general and other regulators. (d) Preservation of State authority (1) State claims No provision of this section shall be con- strued as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or au- thority to bring an action or other regulatory proceeding arising solely under the law in ef- fect in that State. (2) State securities regulators No provision of this title 1 shall be construed as altering, limiting, or affecting the author- ity of a State securities commission (or any agency or office performing like functions) under State law to adopt rules, initiate en- forcement proceedings, or take any other ac- tion with respect to a person regulated by such commission or authority. (3) State insurance regulators No provision of this title 1 shall be construed as altering, limiting, or affecting the author- ity of a State insurance commission or State