Notes on 15 U.S.C. § 1640 : US Code - Notes

Search Notes on 15 U.S.C. § 1640 : US Code - Notes

(Pub. L. 90-321, title I, Sec. 130, May 29, 1968, 82 Stat. 157;
Pub. L. 93-495, title IV, Secs. 406, 407, 408(a)-(d), Oct. 28,
1974, 88 Stat. 1518; Pub. L. 94-222, Sec. 3(b), Feb. 27, 1976, 90
Stat. 197; Pub. L. 94-240, Sec. 4, Mar. 23, 1976, 90 Stat. 260;
Pub. L. 96-221, title VI, Sec. 615, Mar. 31, 1980, 94 Stat. 180;
Pub. L. 100-583, Sec. 3, Nov. 3, 1988, 102 Stat. 2966; Pub. L. 103-
325, title I, Sec. 153(a), (b), Sept. 23, 1994, 108 Stat. 2195;
Pub. L. 104-12, Sec. 2, May 18, 1995, 109 Stat. 161; Pub. L. 104-
29, Sec. 6, Sept. 30, 1995, 109 Stat. 274.)
AMENDMENTS
1995 - Subsec. (a)(2)(A)(iii). Pub. L. 104-29 added cl. (iii).
Subsec. (i). Pub. L. 104-12 added subsec. (i).
1994 - Subsec. (a)(4). Pub. L. 103-325, Sec. 153(a), added par.
(4).
Subsec. (e). Pub. L. 103-325, Sec. 153(b), inserted at end "An
action to enforce a violation of section 1639 of this title may
also be brought by the appropriate State attorney general in any
appropriate United States district court, or any other court of
competent jurisdiction, not later than 3 years after the date on
which the violation occurs. The State attorney general shall
provide prior written notice of any such civil action to the
Federal agency responsible for enforcement under section 1607 of
this title and shall provide the agency with a copy of the
complaint. If prior notice is not feasible, the State attorney
general shall provide notice to such agency immediately upon
instituting the action. The Federal agency may -
"(1) intervene in the action;
"(2) upon intervening -
"(A) remove the action to the appropriate United States
district court, if it was not originally brought there; and
"(B) be heard on all matters arising in the action; and
"(3) file a petition for appeal."
1988 - Subsec. (a). Pub. L. 100-583 substituted "in subsections
(a) and (b) of section 1637" for "in section 1637" in third
sentence and inserted provisions limiting liability of card issuer
under this section to cardholders who pay fee or use credit card or
charge card.
1980 - Subsec. (a). Pub. L. 96-221, Sec. 615(b), in introductory
text inserted provisions respecting applicability of section 1635
of this title, and in text following numbered pars. inserted
provisions relating to disclosures required under sections 1637 and
1638 of this title.
Subsec. (a)(2)(B). Pub. L. 96-221, Sec. 615(a)(1), substituted
provisions respecting recovery under this subparagraph in any class
action or series of class actions, for provisions respecting
recovery in a class action.
Subsec. (a)(3). Pub. L. 96-221, Sec. 615(a)(2), inserted
provisions relating to right of rescission under section 1635 of
this title.
Subsec. (b). Pub. L. 96-221, Sec. 615(a)(3), substituted
provisions relating to correction of errors within sixty days by a
creditor or assignee, for provisions relating to correction of
errors within fifteen days by a creditor.
Subsec. (c). Pub. L. 96-221, Sec. 615(a)(3), substituted
provisions relating to liability of a creditor or assignee in any
action brought under this section or section 1635 of this title,
for provisions relating to liability of a creditor in any action
brought under this section.
Subsec. (d). Pub. L. 96-221, Sec. 615(a)(3), substituted
provisions relating to liability in transaction or lease involving
multiple obligors, for provisions relating to liability of
subsequent assignees original creditor.
Subsec. (e). Pub. L. 96-221, Sec. 615(a)(4), inserted provisions
relating to limitations on actions.
Subsec. (f). Pub. L. 96-221, Sec. 615(a)(5), inserted references
to section 1607(b), (c), and (e) of this title.
Subsec. (g). Pub. L. 96-221, Sec. 615(a)(6), inserted provisions
relating to remedy under section 1635 of this title.
Subsec. (h). Pub. L. 96-221, Sec. 615(a)(7), substituted
provisions relating to offset from amounts owed to the creditor or
assignee, and rights of defaulting consumer, for provisions
relating to offset from amounts owed to the creditor.
1976 - Subsec. (a). Pub. L. 94-240, Sec. 4(1), inserted "or E"
after "part D".
Subsec. (a)(2)(A). Pub. L. 94-240, Sec. 4(2), designated existing
provision as cl. (i) and added cl. (ii).
Subsec. (a)(2)(B). Pub. L. 94-240, Sec. 4(3), substituted "lesser
of $500,000" for "lesser of $100,000".
Subsec. (b). Pub. L. 94-240, Sec. 4(4), inserted "or part E of
this subchapter" after "this part" and struck out "finance" after
"required to pay a".
Subsec. (f). Pub. L. 94-222 inserted "or in conformity with any
interpretation or approval by an official or employee of the
Federal Reserve System duly authorized by the Board to issue such
interpretations or approvals under such procedures as the Board may
prescribe therefor" after "by the Board", and substituted
"interpretation, or approval" for "or interpretation" before "is
amended".
Subsec. (g). Pub. L. 94-240, Sec. 4(5), inserted "or part D or E
of this subchapter" after "this part", and "consumer lease" after
"consumer loan".
1974 - Subsec. (a). Pub. L. 93-495, Sec. 408(a), substituted
provisions setting forth determination of amount of liability of
any creditor failing to comply with any requirement imposed under
part D of this subchapter or this part, for provisions setting
forth determination of amount of liability of any creditor failing
to disclose in connection with any consumer credit transaction any
information required under this part to be disclosed to specified
persons.
Subsec. (b). Pub. L. 93-495, Sec. 408(b), inserted "for any
failure to comply with any requirement imposed under this part,"
before "if within".
Subsec. (c). Pub. L. 93-495, Sec. 408(c), substituted
"subchapter" for "part".
Subsec. (f). Pub. L. 93-495, Sec. 406, added subsec. (f).
Subsec. (g). Pub. L. 93-495, Sec. 407, added subsec. (g).
Subsec. (h). Pub. L. 93-495, Sec. 408(d), added subsec. (h).
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 prescribed to be promulgated at least
one year prior to such effective date, and allowing any creditor to
comply with any amendments, in accordance with the regulations,
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 1976 AMENDMENT
Amendment by Pub. L. 94-240 effective on expiration of one year
after Mar. 23, 1976, see section 6 of Pub. L. 94-240, set out as an
Effective Date note under section 1667 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-495 effective Oct. 28, 1974, see section
416 of Pub. L. 93-495, set out as an Effective Date note under
section 1665a of this title.
DETERMINATION OF LIABILITY PRIOR TO OCTOBER 28, 1974
Section 408(e) of Pub. L. 93-495 provided that: "The amendments
made by sections 406, 407, and 408 [amending this section] shall
apply in determining the liability of any person under chapter 2 or
4 of the Truth in Lending Act [this part or part D of this
subchapter], unless prior to the date of enactment of this Act
[Oct. 28, 1974] such liability has been determined by final
judgment of a court of competent jurisdiction and no further review
of such judgment may be had by appeal or otherwise."