15 U.S.C. § 1691a — Definitions; rules of construction

Page 1624 TITLE 15—COMMERCE AND TRADE § 1691a valuations developed in connection with the applicant’s application for a loan that is se- cured or would have been secured by a first lien on a dwelling promptly upon completion, but in no case later than 3 days prior to the closing of the loan, whether the creditor grants or denies the applicant’s request for credit or the application is incomplete or withdrawn. (2) Waiver The applicant may waive the 3 day require- ment provided for in paragraph (1), except where otherwise required in law. (3) Reimbursement The applicant may be required to pay a rea- sonable fee to reimburse the creditor for the cost of the appraisal, except where otherwise required in law. (4) Free copy Notwithstanding paragraph (3), the creditor shall provide a copy of each written appraisal or valuation at no additional cost to the appli- cant. (5) Notification to applicants At the time of application, the creditor shall notify an applicant in writing of the right to receive a copy of each written appraisal and valuation under this subsection. (6) Valuation defined For purposes of this subsection, the term ‘‘valuation’’ shall include any estimate of the value of a dwelling developed in connection with a creditor’s decision to provide credit, in- cluding those values developed pursuant to a policy of a government sponsored enterprise or by an automated valuation model, a broker price opinion, or other methodology or mecha- nism. (Pub. L. 90–321, title VII, § 701, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1521; amended Pub. L. 94–239, § 2, Mar. 23, 1976, 90 Stat. 251; Pub. L. 102–242, title II, § 223(d), Dec. 19, 1991, 105 Stat. 2306; Pub. L. 111–203, title X, §§ 1071(b), 1085(1), title XIV, § 1474, July 21, 2010, 124 Stat. 2059, 2083, 2199.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203, § 1085(1), substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing. Subsec. (b)(5). Pub. L. 111–203, § 1071(b), added par. (5). Subsec. (e). Pub. L. 111–203, § 1474, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘Each creditor shall promptly furnish an appli- cant, upon written request by the applicant made with- in a reasonable period of time of the application, a copy of the appraisal report used in connection with the ap- plicant’s application for a loan that is or would have been secured by a lien on residential real property. The creditor may require the applicant to reimburse the creditor for the cost of the appraisal.’’ 1991—Subsec. (e). Pub. L. 102–242 added subsec. (e). 1976—Subsec. (a). Pub. L. 94–239 designated existing provisions as cl. (1), expanded prohibition against dis- crimination to include race, color, religion, national origin and age, and added cls. (2) and (3). Subsec. (b). Pub. L. 94–239 designated existing provi- sions as cl. (1) and added cls. (2) to (4). Subsecs. (c), (d). Pub. L. 94–239 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–203, title X, § 1071(d), July 21, 2010, 124 Stat. 2059, provided that: ‘‘This section [enacting sec- tion 1691c–2 of this title and amending this section] shall become effective on the designated transfer date.’’ [The term ‘‘designated transfer date’’ is defined in section 5481(9) of Title 12, Banks and Banking, as the date established under section 5582 of Title 12.] Amendment by section 1085(1) of Pub. L. 111–203 effec- tive on the designated 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. Amendment by section 1474 of Pub. L. 111–203 effec- tive on the date on which final regulations imple- menting that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of this title. EFFECTIVE DATE Section 708, formerly § 707, of title VII of Pub. L. 90–321, as added by Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1525, renumbered and amended by Pub. L. 94–239, §§ 7, 8, Mar. 23, 1976, 90 Stat. 255, provided that: ‘‘This title [enacting this subchapter and provisions set out as notes under section 1691 of this title] takes effect upon the expiration of one year after the date of its en- actment [Oct. 28, 1974]. The amendments made by the Equal Credit Opportunity Act Amendments of 1976 [en- acting section 1691f of this title, amending this section and sections 1691b, 1691c, 1691d, and 1691e of this title, repealing section 1609 of this title, enacting provisions set out as notes under this section, and repealing provi- sions set out as a note under this section] shall take ef- fect on the date of enactment thereof [Mar. 23, 1976] and shall apply to any violation occurring on or after such date, except that the amendments made to section 701 of the Equal Credit Opportunity Act [this section] shall take effect 12 months after the date of enactment [Mar. 23, 1976].’’ SHORT TITLE This subchapter known as the ‘‘Equal Credit Oppor- tunity Act’’, see Short Title note set out under section 1601 of this title. CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE Pub. L. 93–495, title V, § 502, Oct. 28, 1974, 88 Stat. 1521, provided that: ‘‘The Congress finds that there is a need to insure that the various financial institutions and other firms engaged in the extensions of credit exercise their responsibility to make credit available with fair- ness, impartiality, and without discrimination on the basis of sex or marital status. Economic stabilization would be enhanced and competition among the various financial institutions and other firms engaged in the extension of credit would be strengthened by an ab- sence of discrimination on the basis of sex or marital status, as well as by the informed use of credit which Congress has heretofore sought to promote. It is the purpose of this Act [see Short Title note set out under section 1601 of this title] to require that financial insti- tutions and other firms engaged in the extension of credit make that credit equally available to all credit- worthy customers without regard to sex or marital sta- tus.’’ § 1691a. Definitions; rules of construction (a) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. (b) The term ‘‘applicant’’ means any person who applies to a creditor directly for an exten- Page 1625 TITLE 15—COMMERCE AND TRADE § 1691b 1 So in original. Probably should be ‘‘subsection,’’. 2 So in original. 3 So in original. Probably should be ‘‘subsection’’. 4 So in original. Probably should be followed by a period. sion, renewal, or continuation of credit, or ap- plies to a creditor indirectly by use of an exist- ing credit plan for an amount exceeding a pre- viously established credit limit. (c) The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. (d) The term ‘‘credit’’ means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer pay- ment therefor. (e) The term ‘‘creditor’’ means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the exten- sion, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. (f) The term ‘‘person’’ means a natural person, a corporation, government or governmental sub- division or agency, trust, estate, partnership, cooperative, or association. (g) Any reference to any requirement imposed under this subchapter or any provision thereof includes reference to the regulations of the Bu- reau under this subchapter or the provision thereof in question. (Pub. L. 90–321, title VII, § 702, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522; amended Pub. L. 111–203, title X, § 1085(1), (2), July 21, 2010, 124 Stat. 2083.) Editorial Notes AMENDMENTS 2010—Subsec. (c). Pub. L. 111–203, § 1085(2), added sub- sec. (c) and struck out former subsec. (c) which read as follows: ‘‘The term ‘Board’ refers to the Board of Gov- ernors of the Federal Reserve System.’’ Subsec. (g). Pub. L. 111–203, § 1085(1), substituted ‘‘Bu- reau’’ 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. § 1691b. Promulgation of regulations by the Bu- reau (a) In general The Bureau shall prescribe regulations to carry out the purposes of this subchapter. These regulations may contain but are not limited to such classifications, differentiation, or other provision, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this sub- chapter, to prevent circumvention or evasion thereof, or to facilitate or substantiate compli- ance therewith. (b) Exempt transactions Such regulations may exempt from the provi- sions of this subchapter any class of trans- actions that are not primarily for personal, fam- ily, or household purposes, or business or com- mercial loans made available by a financial in- stitution, except that a particular type within a class of such transactions may be exempted if the Bureau determines, after making an express finding that the application of this subchapter or of any provision of this subchapter of such transaction would not contribute substantially to effecting the purposes of this subchapter. (c) Limitation on exemptions An exemption granted pursuant to subsection (b) shall be for no longer than five years and shall be extended only if the Bureau makes a subsequent determination, in the manner de- scribed by such paragraph,1 that such exemption remains appropriate. (d) Maintenance of records Pursuant to Bureau regulations, entities mak- ing business or commercial loans shall maintain such records or other data relating to such loans as may be necessary to evidence compliance with this subsection 2 or enforce any action pur- suant to the authority of this chapter. In no event shall such records or data be maintained for a period of less than one year. The Bureau shall promulgate regulations to implement this paragraph 3 in the manner prescribed by chapter 5 of title 5. (e) Notice of denial of loan The Bureau shall provide in regulations that an applicant for a business or commercial loan shall be provided a written notice of such appli- cant’s right to receive a written statement of the reasons for the denial of such loan. (f) Board authority Notwithstanding subsection (a), the Board shall prescribe regulations to carry out the pur- poses of this subchapter with respect to a person described in section 5519(a) of title 12. These reg- ulations may contain but are not limited to such classifications, differentiation, or other provision, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary or proper to effectuate the purposes of this sub- chapter, to prevent circumvention or evasion thereof, or to facilitate or substantiate compli- ance therewith. (g) Deference Notwithstanding any power granted to any Federal agency under this subchapter, the def- erence that a court affords to a Federal agency with respect to a determination made by such agency relating to the meaning or interpreta- tion of any provision of this subchapter that is subject to the jurisdiction of such agency shall be applied as if that agency were the only agen- cy authorized to apply, enforce, interpret, or ad- minister the provisions of this subchapter 4 (Pub. L. 90–321, title VII, § 703, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522; amended Pub. L. 94–239, § 3(a), Mar. 23, 1976, 90 Stat. 252; Pub. L. 100–533, title III, § 301, Oct. 25, 1988, 102 Stat. 2692; Pub. L. 111–203, title X, § 1085(1), (3), July 21, 2010, 124 Stat. 2083.)