---
kind: "section"
citation: "12 U.S.C. § 5552"
title: "12"
title_heading: "Banks and Banking"
number: "5552"
heading: "Preservation of enforcement powers of States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5552"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter V — Bureau of Consumer Financial Protection"
  - "Part D — Preservation of State Law"
---

# §5552. Preservation of enforcement powers of States

- (a) **In general—**
  - (1) **Action by State—** Except as provided in [paragraph (2)](#a-2), the attorney general (or the equivalent thereof) of any [State](/usc/12/5301.md?p=16) may bring a civil action in the name of such [State](/usc/12/5301.md?p=16) in any district [court](/usc/12/5381.md?p=a-6) of the United States in that [State](/usc/12/5301.md?p=16) or in [State](/usc/12/5301.md?p=16) [court](/usc/12/5381.md?p=a-6) that is located in that [State](/usc/12/5301.md?p=16) and that has jurisdiction over the defendant, to enforce provisions of this title[^1] or regulations issued under this title,[^1] and to secure remedies under provisions of this title[^1] or remedies otherwise provided under other law. A [State](/usc/12/5301.md?p=16) regulator may bring a civil action or other appropriate proceeding to enforce the provisions of this title[^1] or regulations issued under this title[^1] with respect to any entity that is [State](/usc/12/5301.md?p=16)-chartered, incorporated, licensed, or otherwise authorized to do business under [State](/usc/12/5301.md?p=16) law (except as provided in [paragraph (2)](#a-2)), and to secure remedies under provisions of this title[^1] or remedies otherwise 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)](#a-2-B), the attorney general (or equivalent thereof) of any [State](/usc/12/5301.md?p=16) may not bring a civil action in the name of such [State](/usc/12/5301.md?p=16) against a national [bank](/usc/12/5301.md?p=18-A) or [Federal savings association](/usc/12/5301.md?p=18-A) to enforce a provision of this title.[^1]
    - (B) **Enforcement of rules permitted—** The attorney general (or the equivalent thereof) of any [State](/usc/12/5301.md?p=16) may bring a civil action in the name of such [State](/usc/12/5301.md?p=16) against a national [bank](/usc/12/5301.md?p=18-A) or [Federal savings association](/usc/12/5301.md?p=18-A) in any district [court](/usc/12/5381.md?p=a-6) of the United States in the [State](/usc/12/5301.md?p=16) or in [State](/usc/12/5301.md?p=16) [court](/usc/12/5381.md?p=a-6) that is located in that [State](/usc/12/5301.md?p=16) and that has jurisdiction over the defendant to enforce a regulation prescribed by the [Bureau](/usc/12/5301.md?p=4) under a provision of this title[^1] and to secure remedies under provisions 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 operation of any provision of an enumerated [consumer](/usc/12/5481.md?p=4) law that relates to the authority of a [State](/usc/12/5301.md?p=16) attorney general or [State](/usc/12/5301.md?p=16) regulator to enforce such Federal law.
- (b) **Consultation required—**
  - (1) **Notice—**
    - (A) **In general—** Before initiating any action in a [court](/usc/12/5381.md?p=a-6) or other administrative or regulatory proceeding against any [covered person](/usc/12/5481.md?p=6) as authorized by [subsection (a)](#a) to enforce any provision of this title,[^1] [including](/usc/12/5301.md?p=18-A) any regulation prescribed by the [Bureau](/usc/12/5301.md?p=4) under this title,[^1] a [State](/usc/12/5301.md?p=16) attorney general or [State](/usc/12/5301.md?p=16) regulator shall timely provide a copy of the complete complaint to be filed and written notice describing such action or proceeding to the [Bureau](/usc/12/5301.md?p=4) and the [prudential regulator](/usc/12/5481.md?p=24), if any, or the designee thereof.
    - (B) **Emergency action—** If prior notice is not practicable, the [State](/usc/12/5301.md?p=16) attorney general or [State](/usc/12/5301.md?p=16) regulator shall provide a copy of the complete complaint and the notice to the [Bureau](/usc/12/5301.md?p=4) and the [prudential regulator](/usc/12/5481.md?p=24), if any, immediately upon instituting the action or proceeding.
    - (C) **Contents of notice—** The notification required under this paragraph shall, at a minimum, describe—
      - (i) the identity of the parties;
      - (ii) the alleged facts underlying the proceeding; and
      - (iii) whether there may be a need to coordinate the prosecution of the proceeding so as not to interfere with any action, [including](/usc/12/5301.md?p=18-A) any rulemaking, undertaken by the [Bureau](/usc/12/5301.md?p=4), a [prudential regulator](/usc/12/5481.md?p=24), or another Federal agency.
  - (2) **Bureau response—** In any action described in [paragraph (1)](#b-1), the [Bureau](/usc/12/5301.md?p=4) may—
    - (A) intervene in the action as a party;
    - (B) upon intervening—
      - (i) remove the action to the appropriate United States district [court](/usc/12/5381.md?p=a-6), 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 proceeding may.
- (c) **Regulations—** The [Bureau](/usc/12/5301.md?p=4) shall prescribe regulations to implement the requirements of this section and, from time to time, provide guidance in order to further coordinate actions with the [State](/usc/12/5301.md?p=16) attorneys general and other regulators.
- (d) **Preservation of State authority—**
  - (1) **State claims—** No provision of this section shall be construed as altering, limiting, or affecting the authority of a [State](/usc/12/5301.md?p=16) attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that [State](/usc/12/5301.md?p=16).
  - (2) **State securities regulators—** No provision of this title[^1] shall be construed as altering, limiting, or affecting the authority of a [State](/usc/12/5301.md?p=16) securities [commission](/usc/12/5301.md?p=5) (or any agency or [office](/usc/12/5341.md?p=1) performing like functions) under [State](/usc/12/5301.md?p=16) law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a [person](/usc/12/5481.md?p=19) regulated by such [commission](/usc/12/5301.md?p=5) or authority.
  - (3) **State insurance regulators—** No provision of this title[^1] shall be construed as altering, limiting, or affecting the authority of a [State](/usc/12/5301.md?p=16) insurance [commission](/usc/12/5301.md?p=5) or [State](/usc/12/5301.md?p=16) insurance regulator under [State](/usc/12/5301.md?p=16) law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a [person](/usc/12/5481.md?p=19) regulated by such [commission](/usc/12/5301.md?p=5) or regulator.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–203, title X, § 1042, July 21, 2010, 124 Stat. 2012.)

## Notes

### Editorial Notes

### References in Text

This title, referred to in subsecs. (a), (b)(1)(A), and (d)(2), (3), 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 section 5301 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the designated transfer date, see section 1048 of Pub. L. 111–203, set out as a note under section 5551 of this title.
