15 U.S.C. § 1693n — Criminal liability

Page 1656 TITLE 15—COMMERCE AND TRADE § 1693n notwithstanding that after such act, omission, or failure has occurred, such rule, regulation, approval, or model clause is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (e) Notification to consumer prior to action; ad- justment of consumer’s account A person has no liability under this section for any failure to comply with any requirement under this subchapter if, prior to the institution of an action under this section, the person noti- fies the consumer concerned of the failure, com- plies with the requirements of this subchapter, and makes an appropriate adjustment to the consumer’s account and pays actual damages or, where applicable, damages in accordance with section 1693h of this title. (f) Action in bad faith or for harassment; attor- ney’s fees On a finding by the court that an unsuccessful action under this section was brought in bad faith or for purposes of harassment, the court shall award to the defendant attorney’s fees rea- sonable in relation to the work expended and costs. (g) Jurisdiction of courts; time for maintenance of action Without regard to the amount in controversy, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation. (Pub. L. 90–321, title IX, § 916, formerly § 915, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3737; renumbered § 916, Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751; amended Pub. L. 111–203, title X, § 1084(1), (4), July 21, 2010, 124 Stat. 2081, 2082.) Editorial Notes REFERENCES IN TEXT Section 1693n of this title, referred to in subsec. (d), was in the original a reference to section 916 of Pub. L. 90–321, and was translated as meaning section 917 of Pub. L. 90–321 to reflect the probable intent of Congress and the renumbering of section 916 of Pub. L. 90–321 as section 917 by Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751. PRIOR PROVISIONS A prior section 916 of Pub. L. 90–321 was renumbered section 917 and is classified to section 1693n of this title. AMENDMENTS 2010—Pub. L. 111–203, § 1084(1), which directed the sub- stitution of ‘‘Bureau’’ for ‘‘Board’’ wherever appearing in section, was not executed in subsec. (d), which was the only place such term appeared, to reflect the prob- able intent of Congress and the amendment by Pub. L. 111–203, § 1084(4). See below. Subsec. (d). Pub. L. 111–203, § 1084(4), struck out ‘‘of Board or approval of duly authorized official or em- ployee of Federal Reserve System’’ after ‘‘interpreta- tion’’ in heading that had been supplied editorially and inserted ‘‘Bureau of Consumer Financial Protection or the’’ before ‘‘Federal Reserve System’’ in par. (1) and ‘‘Bureau or the’’ before ‘‘Board’’ wherever appearing. 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. § 1693n. Criminal liability (a) Violations respecting giving of false or inac- curate information, failure to provide infor- mation, and failure to comply with provi- sions of this subchapter Whoever knowingly and willfully— (1) gives false or inaccurate information or fails to provide information which he is re- quired to disclose by this subchapter or any regulation issued thereunder; or (2) otherwise fails to comply with any provi- sion of this subchapter; shall be fined not more than $5,000 or imprisoned not more than one year, or both. (b) Violations affecting interstate or foreign com- merce Whoever— (1) knowingly, in a transaction affecting interstate or foreign commerce, uses or at- tempts or conspires to use any counterfeit, fic- titious, altered, forged, lost, stolen, or fraudu- lently obtained debit instrument to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; or (2) with unlawful or fraudulent intent, trans- ports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument know- ing the same to be counterfeit, fictitious, al- tered, forged, lost, stolen, or fraudulently ob- tained; or (3) with unlawful or fraudulent intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument know- ing the same to be counterfeit, fictitious, al- tered, forged, lost, stolen, or fraudulently ob- tained; or (4) knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which (A) within any one-year period has a value aggregating $1,000 or more, (B) has moved in or is part of, or which constitutes interstate or foreign com- merce, and (C) has been obtained with a coun- terfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument; or (5) knowingly receives, conceals, uses, sells, or transports in interstate or foreign com- merce one or more tickets for interstate or foreign transportation, which (A) within any one-year period have a value aggregating $500 or more, and (B) have been purchased or ob- tained with one or more counterfeit, ficti- tious, altered, forged, lost, stolen, or fraudu- lently obtained debit instrument; or (6) in a transaction affecting interstate or foreign commerce, furnishes money, property, Page 1657 TITLE 15—COMMERCE AND TRADE § 1693o 1 So in original. Probably should be ‘‘; and’’. services, or anything else of value, which within any one-year period has a value aggre- gating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instru- ment knowing the same to be counterfeit, fic- titious, altered, forged, lost, stolen, or fraudu- lently obtained— shall be fined not more than $10,000 or impris- oned not more than ten years, or both. (c) ‘‘Debit instrument’’ defined As used in this section, the term ‘‘debit instru- ment’’ means a card, code, or other device, other than a check, draft, or similar paper instru- ment, by the use of which a person may initiate an electronic fund transfer. (Pub. L. 90–321, title IX, § 917, formerly § 916, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3738; renumbered § 917, Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751.) Editorial Notes PRIOR PROVISIONS A prior section 917 of Pub. L. 90–321 was renumbered section 918 and is classified to section 1693o of this title. § 1693o. Administrative enforcement (a) Enforcing agencies Subject to subtitle B of the Consumer Finan- cial Protection Act of 2010 [12 U.S.C. 5511 et seq.], compliance with the requirements imposed under this subchapter shall be enforced under— (1) section 8 of the Federal Deposit Insur- ance Act [12 U.S.C. 1818], by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to— (A) national banks, Federal savings asso- ciations, 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 agen- cies, 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 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 et seq.], by the Administrator of the Na- tional Credit Union Administration with re- spect to any Federal credit union; (3) 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; (4) the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], by the Securities and Ex- change Commission, with respect to any broker or dealer subject to that Act and 1 (5) subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau, with respect to any person sub- ject to this subchapter, except that the Bureau shall not have authority to enforce the re- quirements of section 1693o–2 of this title or any regulations prescribed by the Board under section 1693o–2 of this title. The terms used in paragraph (1) that are not de- fined 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; addi- tional powers For the purpose of the exercise by any agency referred to in any of paragraphs (1) through (4) of subsection (a) of its powers under any Act re- ferred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a require- ment imposed under that Act. In addition to its powers under any provision of law specifically referred to in any of paragraphs (1) through (4) of subsection (a), each of the agencies referred to in that subsection may exercise, for the pur- pose of enforcing compliance with any require- ment imposed under this subchapter, any other authority conferred on it by law. (c) Overall enforcement authority of the Federal Trade Commission Except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to some other Govern- ment agency under any of paragraphs (1) through (4) of subsection (a), and subject to sub- title B of the Consumer Financial Protection Act of 2010, the Federal Trade Commission shall be authorized to 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 viola- tion 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 Federal Trade Commission to enforce compliance by any person subject to the jurisdiction of the Federal Trade Commission with the requirements im- posed under this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act. (Pub. L. 90–321, title IX, § 918, formerly § 917, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3739; amended Pub. L. 101–73, title VII, § 744(o), Aug. 9, 1989, 103 Stat. 440; Pub. L. 102–242, title II, § 212(f), Dec. 19, 1991, 105 Stat. 2301; Pub. L. 104–287, § 6(h), Oct. 11, 1996, 110 Stat. 3399; renumbered § 918, Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751; Pub. L. 111–203, title X, § 1084(5), July 21, 2010, 124 Stat. 2082.)