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Section 621
§ 1681s. Administrative Enforcement
-
- Enforcement by Federal Trade Commission:
Compliance with the requirements imposed
under this title shall be enforced under the Federal Trade Commission Act by the Federal
Trade Commission with respect to consumer reporting agencies and all other persons subject
thereto, except to the extent that enforcement of the requirements imposed under this
title is specifically committed to some other government agency under subsection (b)
hereof. For the purpose of the exercise by the Federal Trade Commission of its Actions and
powers under the Federal Trade Commission Act, a violation of any requirement or
prohibition imposed under this title shall constitute an unfair or deceptive act or
practice in commerce in violation of Section 5(a) of the Federal Trade Commission Act and
shall be subject to enforcement by the Federal Trade Commission under Section 5(b) thereof
with respect to any consumer reporting agency or person subject to enforcement by the
Federal Trade Commission pursuant to this subsection, irrespective of whether that person
is engaged in commerce or meets any other jurisdictional tests in the Federal Trade - :]
Commission Act. The Federal Trade Commission shall have such procedural, investigative,
and enforcement powers, including the power to issue procedural rules in enforcing
compliance with the requirements imposed under this title and to require the filing of
reports, the production of documents, and the appearance of witnesses as though the
applicable terms and conditions of the Federal Trade Commission Act were part of this
title. Any person violating any of the provisions of this title shall be subject to the
penalties and entitled to the privileges and immunities provided in the Federal Trade
Commission Act as though the applicable terms and provisions thereof were part of this
title.
-
- In the event of a knowing violation, which constitutes a pattern or practice of
violations of this title, the Commission may commence a civil action to recover a civil
penalty in a district court of the United States against any person that violates this
title. In such action, such person shall be liable for a civil penalty of not more than
$2,500 per violation.
- In determining the amount of a civil penalty under subparagraph (A), the court shall
take into account the degree of culpability, any history of prior such conduct, ability to
pay, effect on ability to continue to do business, and such other matters as justice may
require.
- Notwithstanding paragraph (2), a court may not impose any civil penalty on a person for
a violation of Section 623(a)(1)
unless the person has been enjoined from committing the violation, or ordered not to
commit the violation, in an action or proceeding brought by or on behalf of the Federal
Trade Commission, and has violated the injunction or order, and the court may not impose
any civil penalty for any violation occurring before the date of the violation of the
injunction or order.
- Neither the Commission nor any other agency referred to in subsection (b) may prescribe
trade regulation rules or other regulations with respect to this title.
- Compliance with the requirements imposed under this title with respect to consumer
reporting agencies and persons who use consumer reports from such agencies shall be
enforced under --
- Enforcement by Other Agencies: Compliance with the requirements imposed
under this title with respect to consumer reporting agencies, persons who use consumer
reports from such agencies, persons who furnish information to such agencies, and users of
information that are subject to subsection (d) or (e) of Section 615 shall be enforced under--
- Section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], in the case of--
- national banks, and federal branches and federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
- member banks of the Federal Reserve System (other than national banks), branches and
agencies of foreign banks (other than federal branches, federal agencies, and insured
state branches of foreign banks), commercial lending companies owned or controlled by
foreign banks, and organizations operating under Section 25 or 25(a) of the Federal
Reserve Act [12 U.S.C.A. §§ 601 et seq., 611 et seq.], by the Board of Governors of the
Federal Reserve System; and
- banks insured by the Federal Deposit Insurance Corporation (other than members of the
Federal Reserve System) and insured state branches of foreign banks, by the Board ~ of
Directors of the Federal Deposit Insurance Corporation;
- Section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], by the Director of
the Office of Thrift Supervision, in the case of a savings association the deposits of
which are insured by the Federal Deposit Insurance Corporation.
- the Federal Credit Union Act, by the Administrator of the National Credit Union
Administration with respect to any federal credit union;
- Subtitle IV of Title 49, by the Secretary of Transportation, with respect to all
carriers subject to the jurisdiction of the Surface Transportation Board;
- the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any
I air carrier or foreign air carrier subject to that Act; and
- the Packers and Stockyards Act, 1921 (except as provided in Section 406 of that Act), by
l the Secretary of Agriculture with respect to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this title 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 l(b) of the International Banking Act of 1978 (12 U.S.C.
3101).
- State Action for Violations:
- Authority of states: In addition to such other remedies as are provided under state law,
if the chief law enforcement officer of a state, or an official or agency designated by a
state, has reason to believe that any person has violated or is violating this title, the
state--
- may bring an action to enjoin such violation in any appropriate United States district
court or in any other coun of competent jurisdiction;
- subject to paragraph (5), may bring an action on behalf of the
residents of the state to recover--
- damages for which the person is liable to such residents under Sections 616 and 617
as a result of the violation;
- in the case of a violation of Section 623(a),
damages for which the person would, but for Section 623(c),
be liable to such residents as a result of the violation; or
- damages of not more than $1,000 for each willful or negligent violation; and
- in the case of any successful action under subparagraph (A) or (B), shall be awarded the
costs of the action and reasonable attorney fees as determined by the court.
- Rights of federal regulators: The state shall serve prior written notice of any action
under paragraph (1) upon the Federal Trade Commission or the appropriate federal regulator
determined under subsection (b) and provide the Commission or appropriate federal
regulator with a copy of its complaint, except in any case in which such prior notice is
not feasible, in which case the state shall serve such notice immediately upon instituting
such action. The Federal Trade Commission or appropriate federal regulator shall have the
right--
- to intervene in the action;
- upon so intervening, to be heard on all matters arising therein;
- to remove the action to the appropriate United States district court; and
- to file petitions for appeal.
- Investigatory powers: For purposes of bringing any action under this subsection, nothing
in this subsection shall prevent the chief law enforcement officer, or an official or
agency designated by a state, from exercising the powers conferred on the chief law
enforcement officer or such official by the laws of such state to conduct investigations
or to administer oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
- Limitation on state action while federal action pending: If the Federal Trade Commission
or the appropriate federal regulator has instituted a civil action or an administrative
action under Section 8 of the Federal Deposit Insurance Act for a violation of this title,
no state may, during the pendency of such action, bring an action under this section
against any defendant named in the complaint of the Commission or the appropriate federal
regulator for any violation of this title that is alleged in that complaint.
- Limitations on state actions for violation of Section 623(a)(1):
- Violation of injunction required: A state may not bring an action against a person under
paragraph (1)(B) for a violation of Section 623(a)(1),
unless-
- the person has been enjoined from committing the violation, in an action brought by the
state under paragraph (1)(A); and
- the person has violated the injunction.
- Limitation on damages recoverable: In an action against a person under paragraph (1)(B)
for a violation of Section 623(a)(1), a
state may not recover any damages incurred before the date of the violation of an
injunction on which the action is based.
Enforcement under other authority: For the purpose of the exercise by any agency
referred to in subsection (b) of this section of its powers under any Act referred to in
that subsection, a violation of any requirement imposed under this title shall be deemed
to be a violation of a requirement imposed under that Act. In addition to its powers under
any provision of law specifically referred to in subsection (b) of this section, each of
the agencies referred to in that subsection may exercise, for the purpose of enforcing
compliance with any requirement imposed under this title any other authority conferred on
it by law. Notwithstanding the preceding, no agency referred to in
subsection (b) may conduct an examination of a bank, savings association, or credit union
regarding compliance with the provisions of this title, except in response to a complaint
(or if the agency otherwise has knowledge) that the bank, savings association, or credit'
union has violated a provision of this title, in which case, the agency may conduct an
examination as necessary to investigate the complaint. If an agency determines during an
investigation in response to a complaint that a violation of this title has occurred, the
agency may, during its next 2 regularly scheduled examinations of the bank, savings
association, or credit union, examine for compliance with this title.
- Interpretive Authority: The Board of Governors of the Federal Reserve System may issue
interpretations of any provision of this title as such provision may apply, to any persons
identified under paragraph (1), (2), and (3) of subsection (b), or to the holding
companies and affiliates of such persons, in consultation with federal agencies identified
in paragraphs (1), (2), and (3) of subsection (b).
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[FrontPage Include Component]
Section 621
§ 1681s. Administrative Enforcement
-
- Enforcement by Federal Trade Commission:
Compliance with the requirements imposed
under this title shall be enforced under the Federal Trade Commission Act by the Federal
Trade Commission with respect to consumer reporting agencies and all other persons subject
thereto, except to the extent that enforcement of the requirements imposed under this
title is specifically committed to some other government agency under subsection (b)
hereof. For the purpose of the exercise by the Federal Trade Commission of its Actions and
powers under the Federal Trade Commission Act, a violation of any requirement or
prohibition imposed under this title shall constitute an unfair or deceptive act or
practice in commerce in violation of Section 5(a) of the Federal Trade Commission Act and
shall be subject to enforcement by the Federal Trade Commission under Section 5(b) thereof
with respect to any consumer reporting agency or person subject to enforcement by the
Federal Trade Commission pursuant to this subsection, irrespective of whether that person
is engaged in commerce or meets any other jurisdictional tests in the Federal Trade - :]
Commission Act. The Federal Trade Commission shall have such procedural, investigative,
and enforcement powers, including the power to issue procedural rules in enforcing
compliance with the requirements imposed under this title and to require the filing of
reports, the production of documents, and the appearance of witnesses as though the
applicable terms and conditions of the Federal Trade Commission Act were part of this
title. Any person violating any of the provisions of this title shall be subject to the
penalties and entitled to the privileges and immunities provided in the Federal Trade
Commission Act as though the applicable terms and provisions thereof were part of this
title.
-
- In the event of a knowing violation, which constitutes a pattern or practice of
violations of this title, the Commission may commence a civil action to recover a civil
penalty in a district court of the United States against any person that violates this
title. In such action, such person shall be liable for a civil penalty of not more than
$2,500 per violation.
- In determining the amount of a civil penalty under subparagraph (A), the court shall
take into account the degree of culpability, any history of prior such conduct, ability to
pay, effect on ability to continue to do business, and such other matters as justice may
require.
- Notwithstanding paragraph (2), a court may not impose any civil penalty on a person for
a violation of Section 623(a)(1)
unless the person has been enjoined from committing the violation, or ordered not to
commit the violation, in an action or proceeding brought by or on behalf of the Federal
Trade Commission, and has violated the injunction or order, and the court may not impose
any civil penalty for any violation occurring before the date of the violation of the
injunction or order.
- Neither the Commission nor any other agency referred to in subsection (b) may prescribe
trade regulation rules or other regulations with respect to this title.
- Compliance with the requirements imposed under this title with respect to consumer
reporting agencies and persons who use consumer reports from such agencies shall be
enforced under --
- Enforcement by Other Agencies: Compliance with the requirements imposed
under this title with respect to consumer reporting agencies, persons who use consumer
reports from such agencies, persons who furnish information to such agencies, and users of
information that are subject to subsection (d) or (e) of Section 615 shall be enforced under--
- Section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], in the case of--
- national banks, and federal branches and federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
- member banks of the Federal Reserve System (other than national banks), branches and
agencies of foreign banks (other than federal branches, federal agencies, and insured
state branches of foreign banks), commercial lending companies owned or controlled by
foreign banks, and organizations operating under Section 25 or 25(a) of the Federal
Reserve Act [12 U.S.C.A. §§ 601 et seq., 611 et seq.], by the Board of Governors of the
Federal Reserve System; and
- banks insured by the Federal Deposit Insurance Corporation (other than members of the
Federal Reserve System) and insured state branches of foreign banks, by the Board ~ of
Directors of the Federal Deposit Insurance Corporation;
- Section 8 of the Federal Deposit Insurance Act [12 U.S.C.A. § 1818], by the Director of
the Office of Thrift Supervision, in the case of a savings association the deposits of
which are insured by the Federal Deposit Insurance Corporation.
- the Federal Credit Union Act, by the Administrator of the National Credit Union
Administration with respect to any federal credit union;
- Subtitle IV of Title 49, by the Secretary of Transportation, with respect to all
carriers subject to the jurisdiction of the Surface Transportation Board;
- the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any
I air carrier or foreign air carrier subject to that Act; and
- the Packers and Stockyards Act, 1921 (except as provided in Section 406 of that Act), by
l the Secretary of Agriculture with respect to any activities subject to that Act.
The terms used in paragraph (1) that are not defined in this title 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 l(b) of the International Banking Act of 1978 (12 U.S.C.
3101).
- State Action for Violations:
- Authority of states: In addition to such other remedies as are provided under state law,
if the chief law enforcement officer of a state, or an official or agency designated by a
state, has reason to believe that any person has violated or is violating this title, the
state--
- may bring an action to enjoin such violation in any appropriate United States district
court or in any other coun of competent jurisdiction;
- subject to paragraph (5), may bring an action on behalf of the
residents of the state to recover--
- damages for which the person is liable to such residents under Sections 616 and 617
as a result of the violation;
- in the case of a violation of Section 623(a),
damages for which the person would, but for Section 623(c),
be liable to such residents as a result of the violation; or
- damages of not more than $1,000 for each willful or negligent violation; and
- in the case of any successful action under subparagraph (A) or (B), shall be awarded the
costs of the action and reasonable attorney fees as determined by the court.
- Rights of federal regulators: The state shall serve prior written notice of any action
under paragraph (1) upon the Federal Trade Commission or the appropriate federal regulator
determined under subsection (b) and provide the Commission or appropriate federal
regulator with a copy of its complaint, except in any case in which such prior notice is
not feasible, in which case the state shall serve such notice immediately upon instituting
such action. The Federal Trade Commission or appropriate federal regulator shall have the
right--
- to intervene in the action;
- upon so intervening, to be heard on all matters arising therein;
- to remove the action to the appropriate United States district court; and
- to file petitions for appeal.
- Investigatory powers: For purposes of bringing any action under this subsection, nothing
in this subsection shall prevent the chief law enforcement officer, or an official or
agency designated by a state, from exercising the powers conferred on the chief law
enforcement officer or such official by the laws of such state to conduct investigations
or to administer oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
- Limitation on state action while federal action pending: If the Federal Trade Commission
or the appropriate federal regulator has instituted a civil action or an administrative
action under Section 8 of the Federal Deposit Insurance Act for a violation of this title,
no state may, during the pendency of such action, bring an action under this section
against any defendant named in the complaint of the Commission or the appropriate federal
regulator for any violation of this title that is alleged in that complaint.
- Limitations on state actions for violation of Section 623(a)(1):
- Violation of injunction required: A state may not bring an action against a person under
paragraph (1)(B) for a violation of Section 623(a)(1),
unless-
- the person has been enjoined from committing the violation, in an action brought by the
state under paragraph (1)(A); and
- the person has violated the injunction.
- Limitation on damages recoverable: In an action against a person under paragraph (1)(B)
for a violation of Section 623(a)(1), a
state may not recover any damages incurred before the date of the violation of an
injunction on which the action is based.
Enforcement under other authority: For the purpose of the exercise by any agency
referred to in subsection (b) of this section of its powers under any Act referred to in
that subsection, a violation of any requirement imposed under this title shall be deemed
to be a violation of a requirement imposed under that Act. In addition to its powers under
any provision of law specifically referred to in subsection (b) of this section, each of
the agencies referred to in that subsection may exercise, for the purpose of enforcing
compliance with any requirement imposed under this title any other authority conferred on
it by law. Notwithstanding the preceding, no agency referred to in
subsection (b) may conduct an examination of a bank, savings association, or credit union
regarding compliance with the provisions of this title, except in response to a complaint
(or if the agency otherwise has knowledge) that the bank, savings association, or credit'
union has violated a provision of this title, in which case, the agency may conduct an
examination as necessary to investigate the complaint. If an agency determines during an
investigation in response to a complaint that a violation of this title has occurred, the
agency may, during its next 2 regularly scheduled examinations of the bank, savings
association, or credit union, examine for compliance with this title.
- Interpretive Authority: The Board of Governors of the Federal Reserve System may issue
interpretations of any provision of this title as such provision may apply, to any persons
identified under paragraph (1), (2), and (3) of subsection (b), or to the holding
companies and affiliates of such persons, in consultation with federal agencies identified
in paragraphs (1), (2), and (3) of subsection (b).
Previous Section
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Next Section
Return to the FCRA Comparison -
Section Index