---
kind: "section"
citation: "15 U.S.C. § 1640"
title: "15"
title_heading: "Commerce and Trade"
number: "1640"
heading: "Civil liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1640"
units:
  - "Chapter 41 — Consumer Credit Protection"
  - "Subchapter I — Consumer Credit Cost Disclosure"
  - "Part B — Credit Transactions"
---

# §1640. Civil liability

- (a) **Individual or class action for damages; amount of award; factors determining amount of award—** Except as otherwise provided in this section, any [creditor](/usc/15/1602.md?p=g) who fails to comply with any requirement imposed under this part, including any requirement under [section 1635 of this title](/usc/15/1635.md), subsection (f) or (g) of [section 1641 of this title](/usc/15/1641.md), or part D or E of this subchapter with respect to any [person](/usc/15/1602.md?p=e) is liable to such [person](/usc/15/1602.md?p=e) in an amount equal to the sum of—
  - (1) any actual damage sustained by such [person](/usc/15/1602.md?p=e) as a result of the failure;
  - (2)
    - (A)
      - (i) in the case of an individual action twice the amount of any finance charge in connection with the transaction, (ii) in the case of an individual action relating to a [consumer lease](/usc/15/1667.md?p=1) under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than $200 nor greater than $2,000, (iii) in the case of an individual action relating to an [open end consumer credit plan](/usc/15/1602.md?p=j) that is not secured by real property or a [dwelling](/usc/15/1602.md?p=w), twice the amount of any finance charge in connection with the transaction, with a minimum of $500 and a maximum of $5,000, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures;[^1] or (iv) in the case of an individual action relating to a [credit](/usc/15/1602.md?p=f) transaction not under an [open end credit plan](/usc/15/1602.md?p=j) that is secured by real property or a [dwelling](/usc/15/1602.md?p=w), not less than $400 or greater than $4,000; or
    - (B) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same [creditor](/usc/15/1602.md?p=g) shall not be more than the lesser of $1,000,000 or 1 per centum of the net worth of the [creditor](/usc/15/1602.md?p=g);
  - (3) in the case of any successful action to enforce the foregoing liability or in any action in which a [person](/usc/15/1602.md?p=e) is determined to have a right of rescission under section [1635](/usc/15/1635.md) or [1638(e)(7)](/usc/15/1638.md?p=e-7) of this title, the costs of the action, together with a reasonable attorney’s fee as determined by the court; and
  - (4) in the case of a failure to comply with any requirement under [section 1639 of this title](/usc/15/1639.md), paragraph (1) or (2) of [section 1639b(c) of this title](/usc/15/1639b.md?p=c), or [section 1639c(a) of this title](/usc/15/1639c.md?p=a), an amount equal to the sum of all finance charges and fees paid by the [consumer](/usc/15/1681a.md?p=c), unless the [creditor](/usc/15/1602.md?p=g) demonstrates that the failure to comply is not material.

  In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the [creditor](/usc/15/1602.md?p=g), the resources of the [creditor](/usc/15/1602.md?p=g), the number of [persons](/usc/15/1602.md?p=e) adversely affected, and the extent to which the [creditor](/usc/15/1602.md?p=g)’s failure of compliance was intentional. In connection with the disclosures referred to in subsections (a) and (b) of [section 1637 of this title](/usc/15/1637.md), a [creditor](/usc/15/1602.md?p=g) shall have a liability determined under [paragraph (2)](#a-2) only for failing to comply with the requirements of [section 1635 of this title](/usc/15/1635.md), 1637(a)[^2] of this title, or any of paragraphs (4) through (13) of [section 1637(b) of this title](/usc/15/1637.md?p=b), or for failing to comply with disclosure requirements under [State](/usc/15/1602.md?p=s) law for any term or item that the [Bureau](/usc/15/1602.md?p=b) has determined to be substantially the same in meaning under [section 1610(a)(2) of this title](/usc/15/1610.md?p=a-2) as any of the terms or items referred to in [section 1637(a) of this title](/usc/15/1637.md?p=a), or any of paragraphs (4) through (13) of [section 1637(b) of this title](/usc/15/1637.md?p=b). In connection with the disclosures referred to in subsection (c) or (d) of [section 1637 of this title](/usc/15/1637.md), a [card issuer](/usc/15/1602.md?p=o) shall have a liability under this section only to a [cardholder](/usc/15/1602.md?p=n) who pays a fee described in [section 1637(c)(1)(A)(ii)(I)](/usc/15/1637.md?p=c-1-A-ii-I) or [section 1637(c)(4)(A)(i) of this title](/usc/15/1637.md?p=c-4-A-i) or who uses the [credit card](/usc/15/1602.md?p=l) or charge card. In connection with the disclosures referred to in [section 1638 of this title](/usc/15/1638.md), a [creditor](/usc/15/1602.md?p=g) shall have a liability determined under [paragraph (2)](#a-2) only for failing to comply with the requirements of [section 1635 of this title](/usc/15/1635.md), of [paragraph (2)](#a-2) (insofar as it requires a disclosure of the “amount financed”), (3), (4), (5), (6), or (9) of [section 1638(a) of this title](/usc/15/1638.md?p=a), or [section 1638(b)(2)(C)(ii) of this title](/usc/15/1638.md?p=b-2-C-ii), of subparagraphs (A), (B), (D), (F), or (J) of [section 1638(e)(2) of this title](/usc/15/1638.md?p=e-2) (for purposes of paragraph (2) or (4) of [section 1638(e) of this title](/usc/15/1638.md?p=e)), or paragraph (4)(C), (6), (7), or (8) of [section 1638(e) of this title](/usc/15/1638.md?p=e), or for failing to comply with disclosure requirements under [State](/usc/15/1602.md?p=s) law for any term which the [Bureau](/usc/15/1602.md?p=b) has determined to be substantially the same in meaning under [section 1610(a)(2) of this title](/usc/15/1610.md?p=a-2) as any of the terms referred to in any of those paragraphs of [section 1638(a) of this title](/usc/15/1638.md?p=a) or [section 1638(b)(2)(C)(ii) of this title](/usc/15/1638.md?p=b-2-C-ii). With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the [creditor](/usc/15/1602.md?p=g) required to make disclosure, except as provided in [section 1641 of this title](/usc/15/1641.md).

- (b) **Correction of errors—** A [creditor](/usc/15/1602.md?p=g) or assignee has no liability under this section or [section 1607 of this title](/usc/15/1607.md) or [section 1611 of this title](/usc/15/1611.md) for any failure to comply with any requirement imposed under this part or part E, if within sixty days after discovering an error, whether pursuant to a final written examination report or notice issued under [section 1607(e)(1) of this title](/usc/15/1607.md?p=e-1) or through the [creditor](/usc/15/1602.md?p=g)’s or assignee’s own procedures, and prior to the institution of an action under this section or the receipt of written notice of the error from the obligor, the [creditor](/usc/15/1602.md?p=g) or assignee notifies the [person](/usc/15/1602.md?p=e) concerned of the error and makes whatever adjustments in the appropriate [account](/usc/15/1681a.md?p=r-4) are necessary to assure that the [person](/usc/15/1602.md?p=e) will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
- (c) **Unintentional violations; bona fide errors—** A [creditor](/usc/15/1602.md?p=g) or assignee may not be held liable in any action brought under this section or [section 1635 of this title](/usc/15/1635.md) for a violation of this subchapter if the [creditor](/usc/15/1602.md?p=g) or assignee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programing, and printing errors, except that an error of legal judgment with respect to a [person](/usc/15/1602.md?p=e)’s obligations under this subchapter is not a bona fide error.
- (d) **Liability in transaction or lease involving multiple obligors—** When there are multiple obligors in a [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f) transaction or [consumer lease](/usc/15/1667.md?p=1), there shall be no more than one recovery of damages under [subsection (a)(2)](#a-2) for a violation of this subchapter.
- (e) **Jurisdiction of courts; limitations on actions; State attorney general enforcement—** Except as provided in the subsequent sentence, 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 or, in the case of a violation involving a private education loan (as that term is defined in [section 1650(a) of this title](/usc/15/1650.md?p=a)), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section [1639](/usc/15/1639.md), [1639b](/usc/15/1639b.md), or [1639c](/usc/15/1639c.md) of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a [person](/usc/15/1602.md?p=e) from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by [State](/usc/15/1602.md?p=s) law. An action to enforce a violation of section [1639](/usc/15/1639.md), [1639b](/usc/15/1639b.md), [1639c](/usc/15/1639c.md), [1639d](/usc/15/1639d.md), [1639e](/usc/15/1639e.md), [1639f](/usc/15/1639f.md), [1639g](/usc/15/1639g.md), or [1639h](/usc/15/1639h.md) of this title may also be brought by the appropriate [State attorney general](/usc/15/15g.md?p=1) 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](/usc/15/15g.md?p=1) shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under [section 1607 of this title](/usc/15/1607.md) and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the [State attorney general](/usc/15/15g.md?p=1) 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.
- (f) **Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System—** No provision of this section, [section 1607(b) of this title](/usc/15/1607.md?p=b), [section 1607(c) of this title](/usc/15/1607.md?p=c), [section 1607(e) of this title](/usc/15/1607.md?p=e), or [section 1611 of this title](/usc/15/1611.md) imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the [Bureau](/usc/15/1602.md?p=b) or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the [Bureau](/usc/15/1602.md?p=b) to issue such interpretations or approvals under such procedures as the [Bureau](/usc/15/1602.md?p=b) may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
- (g) **Recovery for multiple failures to disclose—** The multiple failure to disclose to any [person](/usc/15/1602.md?p=e) any information required under this part or part D or E of this subchapter to be disclosed in connection with a single [account](/usc/15/1681a.md?p=r-4) under an [open end consumer credit plan](/usc/15/1602.md?p=j), other single [consumer](/usc/15/1681a.md?p=c) [credit sale](/usc/15/1602.md?p=h), [consumer](/usc/15/1681a.md?p=c) loan, [consumer lease](/usc/15/1667.md?p=1), or other extension of [consumer](/usc/15/1681a.md?p=c) [credit](/usc/15/1602.md?p=f), shall entitle the [person](/usc/15/1602.md?p=e) to a single recovery under this section but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries. This subsection does not bar any remedy permitted by [section 1635 of this title](/usc/15/1635.md).
- (h) **Offset from amount owed to creditor or assignee; rights of defaulting consumer—** A [person](/usc/15/1602.md?p=e) may not take any action to offset any amount for which a [creditor](/usc/15/1602.md?p=g) or assignee is potentially liable to such [person](/usc/15/1602.md?p=e) under [subsection (a)(2)](#a-2) against any amount owed by such [person](/usc/15/1602.md?p=e), unless the amount of the [creditor](/usc/15/1602.md?p=g)’s or assignee’s liability under this subchapter has been determined by judgment of a court of competent jurisdiction in an action of which such [person](/usc/15/1602.md?p=e) was a party. This subsection does not bar a [consumer](/usc/15/1681a.md?p=c) then in default on the obligation from asserting a violation of this subchapter as an original action, or as a defense or counterclaim to an action to collect amounts owed by the [consumer](/usc/15/1681a.md?p=c) brought by a [person](/usc/15/1602.md?p=e) liable under this subchapter.
- (i) **Class action moratorium—**
  - (1) **In general—** During the period beginning on May 18, 1995, and ending on October 1, 1995, no court may enter any order certifying any class in any action under this subchapter—
    - (A) which is brought in connection with any [credit](/usc/15/1602.md?p=f) transaction not under an [open end credit plan](/usc/15/1602.md?p=j) which is secured by a first lien on real property or a [dwelling](/usc/15/1602.md?p=w) and constitutes a refinancing or consolidation of an existing extension of [credit](/usc/15/1602.md?p=f); and
    - (B) which is based on the alleged failure of a [creditor](/usc/15/1602.md?p=g)—
      - (i) to include a charge actually incurred (in connection with the transaction) in the finance charge disclosed pursuant to [section 1638 of this title](/usc/15/1638.md);
      - (ii) to properly make any other disclosure required under [section 1638 of this title](/usc/15/1638.md) as a result of the failure described in [clause (i)](#i-1-B-i); or
      - (iii) to provide proper notice of rescission rights under [section 1635(a) of this title](/usc/15/1635.md?p=a) due to the selection by the [creditor](/usc/15/1602.md?p=g) of the incorrect form from among the model forms prescribed by the [Bureau](/usc/15/1602.md?p=b) or from among forms based on such model forms.
  - (2) **Exceptions for certain alleged violations—** [Paragraph (1)](#i-1) shall not apply with respect to any action—
    - (A) described in clause [(i)](#i-1-B-i) or [(ii)](#i-1-B-ii) of paragraph (1)(B), if the amount disclosed as the finance charge results in an annual percentage rate that exceeds the tolerance provided in [section 1606(c) of this title](/usc/15/1606.md?p=c); or
    - (B) described in [paragraph (1)(B)(iii)](#i-1-B-iii), if—
      - (i) no notice relating to rescission rights under [section 1635(a) of this title](/usc/15/1635.md?p=a) was provided in any form; or
      - (ii) proper notice was not provided for any reason other than the reason described in such paragraph.
- (j) **Private educational lender—** A private educational lender (as that term is defined in [section 1650(a) of this title](/usc/15/1650.md?p=a)) has no liability under this section for failure to comply with [section 1638(e)(3) of this title](/usc/15/1638.md?p=e-3)).[^3]
- (k) **Defense to foreclosure—**
  - (1) **In general—** Notwithstanding any other provision of law, when a [creditor](/usc/15/1602.md?p=g), assignee, or other holder of a [residential mortgage loan](/usc/15/1602.md?p=dd-5) or anyone acting on behalf of such [creditor](/usc/15/1602.md?p=g), assignee, or holder, initiates a judicial or nonjudicial foreclosure of the [residential mortgage loan](/usc/15/1602.md?p=dd-5), or any other action to collect the debt in connection with such loan, a [consumer](/usc/15/1681a.md?p=c) may assert a violation by a [creditor](/usc/15/1602.md?p=g) of paragraph (1) or (2) of [section 1639b(c) of this title](/usc/15/1639b.md?p=c), or of [section 1639c(a) of this title](/usc/15/1639c.md?p=a), as a matter of defense by recoupment or set off without regard for the time limit on a private action for damages under [subsection (e)](#e).
  - (2) **Amount of recoupment or setoff—**
    - (A) **In general—** The amount of recoupment or set-off under [paragraph (1)](#k-1) shall equal the amount to which the [consumer](/usc/15/1681a.md?p=c) would be entitled under [subsection (a)](#a) for damages for a valid claim brought in an original action against the [creditor](/usc/15/1602.md?p=g), plus the costs to the [consumer](/usc/15/1681a.md?p=c) of the action, including a reasonable attorney’s fee.
    - (B) **Special rule—** Where such judgment is rendered after the expiration of the applicable time limit on a private action for damages under [subsection (e)](#e), the amount of recoupment or set-off under [paragraph (1)](#k-1) derived from damages under [subsection (a)(4)](#a-4) shall not exceed the amount to which the [consumer](/usc/15/1681a.md?p=c) would have been entitled under [subsection (a)(4)](#a-4) for damages computed up to the day preceding the expiration of the applicable time limit.
- (l) **Exemption from liability and rescission in case of borrower fraud or deception—** In addition to any other remedy available by law or contract, no [creditor](/usc/15/1602.md?p=g) or assignee shall be liable to an obligor under this section, if such obligor, or co-obligor has been convicted of obtaining by actual fraud such [residential mortgage loan](/usc/15/1602.md?p=dd-5).

## Footnotes

[^1]: So in original. The semicolon probably should be a comma.
[^2]: So in original. Probably should be preceded by “section”.
[^3]: So in original. The closing parenthesis probably should not appear.

## Source credit

(Pub. L. 90–321, title I, § 130, May 29, 1968, 82 Stat. 157; Pub. L. 93–495, title IV, §§ 406, 407, 408(a)–(d), Oct. 28, 1974, 88 Stat. 1518; Pub. L. 94–222, § 3(b), Feb. 27, 1976, 90 Stat. 197; Pub. L. 94–240, § 4, Mar. 23, 1976, 90 Stat. 260; Pub. L. 96–221, title VI, § 615, Mar. 31, 1980, 94 Stat. 180; Pub. L. 100–583, § 3, Nov. 3, 1988, 102 Stat. 2966; Pub. L. 103–325, title I, § 153(a), (b), Sept. 23, 1994, 108 Stat. 2195; Pub. L. 104–12, § 2, May 18, 1995, 109 Stat. 161; Pub. L. 104–29, § 6, Sept. 30, 1995, 109 Stat. 274; Pub. L. 110–289, div. B, title V, § 2502(b), July 30, 2008, 122 Stat. 2857; Pub. L. 110–315, title X, § 1012(a), Aug. 14, 2008, 122 Stat. 3482; Pub. L. 111–22, div. A, title IV, § 404(b), May 20, 2009, 123 Stat. 1658; Pub. L. 111–24, title I, § 107, title II, § 201(b), May 22, 2009, 123 Stat. 1743, 1745; Pub. L. 111–203, title X, § 1100A(2), title XIV, §§ 1413, 1416, 1417, 1422, July 21, 2010, 124 Stat. 2107, 2148, 2153, 2157.)

## Notes

### Editorial Notes

### Amendments

2010—Pub. L. 111–203, § 1100A(2), substituted “Bureau” for “Board” wherever appearing.

Subsec. (a)(2)(A)(ii). Pub. L. 111–203, § 1416(a)(1), substituted “$200” for “$100” and “$2,000” for “$1,000”.

Subsec. (a)(2)(B). Pub. L. 111–203, § 1416(a)(2), substituted “$1,000,000” for “$500,000”.

Subsec. (a)(4). Pub. L. 111–203, § 1416(a)(3), inserted “, paragraph (1) or (2) of section 1639b(c) of this title, or section 1639c(a) of this title” after “section 1639 of this title”.

Subsec. (e). Pub. L. 111–203, § 1422, substituted “section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also” for “section 1639 of this title may also”.

Pub. L. 111–203, § 1416(b), in first sentence substituted “Except as provided in the subsequent sentence, any action” for “Any action” and inserted after first sentence “Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation.”

Subsec. (k). Pub. L. 111–203, § 1413, added subsec. (k).

Subsec. (l). Pub. L. 111–203, § 1417, added subsec. (l).

2009—Subsec. (a). Pub. L. 111–24, § 201(b), in concluding provisions, substituted “In connection with the disclosures referred to in subsections (a) and (b) of section 1637 of this title, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 1635 of this title, 1637(a) of this title, or any of paragraphs (4) through (13) of section 1637(b) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 1610(a)(2) of this title as any of the terms or items referred to in section 1637(a) of this title, or any of paragraphs (4) through (13) of section 1637(b) of this title.” for “In connection with the disclosures referred to in subsections (a) and (b) of section 1637 of this title, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 1635 of this title, section 1637(a) of this title, or of paragraph (4), (5), (6), (7), (8), (9), or (10) of section 1637(b) of this title or for failing to comply with disclosure requirements under State law for any term or item which the Board has determined to be substantially the same in meaning under section 1610(a)(2) of this title as any of the terms or items referred to in section 1637(a) of this title or any of those paragraphs of section 1637(b) of this title.”

Pub. L. 111–22, § 404(b), which directed insertion of “subsection (f) or (g) of section 1641 of this title,” after “section 1635 of this title,”, was executed by making the insertion only in the introductory provisions to reflect the probable intent of Congress.

Subsec. (a)(2)(A)(iii), (iv). Pub. L. 111–24, § 107, added cl. (iii) and redesignated former cl. (iii) as (iv).

2008—Subsec. (a). Pub. L. 110–315, § 1012(a)(1)(B), in fourth sentence of concluding provisions, substituted “1635 of this title,” for “1635 of this title or” and inserted “of subparagraphs (A), (B), (D), (F), or (J) of section 1638(e)(2) of this title (for purposes of paragraph (2) or (4) of section 1638(e) of this title), or paragraph (4)(C), (6), (7), or (8) of section 1638(e) of this title,” before “or for failing”.

Pub. L. 110–289, § 2502(b)(2), in concluding provisions, inserted “or section 1638(b)(2)(C)(ii) of this title,” before “or for failing to comply” and “or section 1638(b)(2)(C)(ii) of this title” before “. With respect to”.

Subsec. (a)(2)(A)(iii). Pub. L. 110–289, § 2502(b)(1), substituted “not less than $400 or greater than $4,000” for “not less than $200 or greater than $2,000”.

Subsec. (a)(3). Pub. L. 110–315, § 1012(a)(1)(A), inserted “or 1638(e)(7)” after “section 1635”.

Subsec. (e). Pub. L. 110–315, § 1012(a)(2), inserted before period at end of first sentence “or, in the case of a violation involving a private education loan (as that term is defined in section 1650(a) of this title), 1 year from the date on which the first regular payment of principal is due under the loan”.

Subsec. (j). Pub. L. 110–315, § 1012(a)(3), added subsec. (j).

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, § 153(a), added par. (4).

Subsec. (e). Pub. L. 103–325, § 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, § 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, § 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, § 615(a)(2), inserted provisions relating to right of rescission under section 1635 of this title.

Subsec. (b). Pub. L. 96–221, § 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, § 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, § 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, § 615(a)(4), inserted provisions relating to limitations on actions.

Subsec. (f). Pub. L. 96–221, § 615(a)(5), inserted references to section 1607(b), (c), and (e) of this title.

Subsec. (g). Pub. L. 96–221, § 615(a)(6), inserted provisions relating to remedy under section 1635 of this title.

Subsec. (h). Pub. L. 96–221, § 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, § 4(1), inserted “or E” after “part D”.

Subsec. (a)(2)(A). Pub. L. 94–240, § 4(2), designated existing provision as cl. (i) and added cl. (ii).

Subsec. (a)(2)(B). Pub. L. 94–240, § 4(3), substituted “lesser of $500,000” for “lesser of $100,000”.

Subsec. (b). Pub. L. 94–240, § 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, § 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, § 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, § 408(b), inserted “for any failure to comply with any requirement imposed under this part,” before “if within”.

Subsec. (c). Pub. L. 93–495, § 408(c), substituted “subchapter” for “part”.

Subsec. (f). Pub. L. 93–495, § 406, added subsec. (f).

Subsec. (g). Pub. L. 93–495, § 407, added subsec. (g).

Subsec. (h). Pub. L. 93–495, § 408(d), added subsec. (h).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by section 1100A(2) of Pub. L. 111–203 effective 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 sections 1413, 1416, 1417, and 1422 of Pub. L. 111–203 effective on the date on which final regulations implementing 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 of 2009 Amendment

Amendment by Pub. L. 111–24 effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as a note under section 1602 of this title.

### Effective Date of 2008 Amendment

Pub. L. 110–315, title X, § 1012(b), Aug. 14, 2008, 122 Stat. 3482, provided that: “The amendments made by this section [amending this section] shall have the same effective date as provisions referred to in section 1003(b) [set out as a note under section 1638 of this title].”

### 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

Pub. L. 93–495, title IV, § 408(e), Oct. 28, 1974, 88 Stat. 1519, 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.”