
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1691e]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                 SUBCHAPTER IV--EQUAL CREDIT OPPORTUNITY
 
Sec. 1691e. Civil liability


(a) Individual or class action for actual damages

    Any creditor who fails to comply with any requirement imposed under 
this subchapter shall be liable to the aggrieved applicant for any 
actual damages sustained by such applicant acting either in an 
individual capacity or as a member of a class.

(b) Recovery of punitive damages in individual and class action for 
        actual damages; exemptions; maximum amount of punitive damages 
        in individual actions; limitation on total recovery in class 
        actions; factors determining amount of award

    Any creditor, other than a government or governmental subdivision or 
agency, who fails to comply with any requirement imposed under this 
subchapter shall be liable to the aggrieved applicant for punitive 
damages in an amount not greater than $10,000, in addition to any actual 
damages provided in subsection (a) of this section, except that in the 
case of a class action the total recovery under this subsection shall 
not exceed the lesser of $500,000 or 1 per centum of the net worth of 
the creditor. In determining the amount of such damages in any 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, the resources of the creditor, the number of 
persons adversely affected, and the extent to which the creditor's 
failure of compliance was intentional.

(c) Action for equitable and declaratory relief

    Upon application by an aggrieved applicant, the appropriate United 
States district court or any other court of competent jurisdiction may 
grant such equitable and declaratory relief as is necessary to enforce 
the requirements imposed under this subchapter.

(d) Recovery of costs and attorney fees

    In the case of any successful action under subsection (a), (b), or 
(c) of this section, the costs of the action, together with a reasonable 
attorney's fee as determined by the court, shall be added to any damages 
awarded by the court under such subsection.

(e) Good faith compliance with rule, regulation, or interpretation of 
        Board or interpretation or approval by an official or employee 
        of Federal Reserve System duly authorized by Board

    No provision of this subchapter imposing liability shall apply to 
any act done or omitted in good faith in conformity with any official 
rule, regulation, or interpretation thereof by the Board 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, 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.

(f) Jurisdiction of courts; time for maintenance of action; exceptions

    Any action under this section may be brought in the appropriate 
United States district court without regard to the amount in 
controversy, or in any other court of competent jurisdiction. No such 
action shall be brought later than two years from the date of the 
occurrence of the violation, except that--
        (1) whenever any agency having responsibility for administrative 
    enforcement under section 1691c of this title commences an 
    enforcement proceeding within two years from the date of the 
    occurrence of the violation,
        (2) whenever the Attorney General commences a civil action under 
    this section within two years from the date of the occurrence of the 
    violation,

then any applicant who has been a victim of the discrimination which is 
the subject of such proceeding or civil action may bring an action under 
this section not later than one year after the commencement of that 
proceeding or action.

(g) Request by responsible enforcement agency to Attorney General for 
        civil action

    The agencies having responsibility for administrative enforcement 
under section 1691c of this title, if unable to obtain compliance with 
section 1691 of this title, are authorized to refer the matter to the 
Attorney General with a recommendation that an appropriate civil action 
be instituted. Each agency referred to in paragraphs (1), (2), and (3) 
of section 1691c(a) of this title shall refer the matter to the Attorney 
General whenever the agency has reason to believe that 1 or more 
creditors has engaged in a pattern or practice of discouraging or 
denying applications for credit in violation of section 1691(a) of this 
title. Each such agency may refer the matter to the Attorney General 
whenever the agency has reason to believe that 1 or more creditors has 
violated section 1691(a) of this title.

(h) Authority for Attorney General to bring civil action; jurisdiction

    When a matter is referred to the Attorney General pursuant to 
subsection (g) of this section, or whenever he has reason to believe 
that one or more creditors are engaged in a pattern or practice in 
violation of this subchapter, the Attorney General may bring a civil 
action in any appropriate United States district court for such relief 
as may be appropriate, including actual and punitive damages and 
injunctive relief.

(i) Recovery under both subchapter and fair housing enforcement 
        provisions prohibited for violation based on same transaction

    No person aggrieved by a violation of this subchapter and by a 
violation of section 3605 of title 42 shall recover under this 
subchapter and section 3612 \1\ of title 42, if such violation is based 
on the same transaction.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(j) Discovery of creditor's granting standards

    Nothing in this subchapter shall be construed to prohibit the 
discovery of a creditor's credit granting standards under appropriate 
discovery procedures in the court or agency in which an action or 
proceeding is brought.

(k) Notice to HUD of violations

    Whenever an agency referred to in paragraph (1), (2), or (3) of 
section 1691c(a) of this title--
        (1) has reason to believe, as a result of receiving a consumer 
    complaint, conducting a consumer compliance examination, or 
    otherwise, that a violation of this subchapter has occurred;
        (2) has reason to believe that the alleged violation would be a 
    violation of the Fair Housing Act [42 U.S.C. 3601 et seq.]; and
        (3) does not refer the matter to the Attorney General pursuant 
    to subsection (g) of this section,

the agency shall notify the Secretary of Housing and Urban Development 
of the violation, and shall notify the applicant that the Secretary of 
Housing and Urban Development has been notified of the alleged violation 
and that remedies for the violation may be available under the Fair 
Housing Act.

(Pub. L. 90-321, title VII, Sec. 706, as added Pub. L. 93-495, title V, 
Sec. 503, Oct. 28, 1974, 88 Stat. 1524; amended Pub. L. 94-239, Sec. 6, 
Mar. 23, 1976, 90 Stat. 253; Pub. L. 102-242, title II, Sec. 223(a)-(c), 
Dec. 19, 1991, 105 Stat. 2306.)

                       References in Text

    Section 3612 of title 42, referred to in subsec. (i), which related 
to enforcement of the Fair Housing Act (42 U.S.C. 3601 et seq.) by 
private persons, was repealed by Pub. L. 100-430, Sec. 8(2), Sept. 13, 
1988, 102 Stat. 1625. See section 3613 of Title 42, The Public Health 
and Welfare.
    The Fair Housing Act, referred to in subsec. (k), is title VIII of 
Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of Title 42. For complete classification of this Act to the Code, see 
Short Title note set out under section 3601 of Title 42 and Tables.


                               Amendments

    1991--Subsec. (g). Pub. L. 102-242, Sec. 223(a), inserted at end 
``Each agency referred to in paragraphs (1), (2), and (3) of section 
1691c(a) of this title shall refer the matter to the Attorney General 
whenever the agency has reason to believe that 1 or more creditors has 
engaged in a pattern or practice of discouraging or denying applications 
for credit in violation of section 1691(a) of this title. Each such 
agency may refer the matter to the Attorney General whenever the agency 
has reason to believe that 1 or more creditors has violated section 
1691(a) of this title.''
    Subsec. (h). Pub. L. 102-242, Sec. 223(b), inserted ``actual and 
punitive damages and'' after ``be appropriate, including''.
    Subsec. (k). Pub. L. 102-242, Sec. 223(c), added subsec. (k).
    1976--Subsec. (a). Pub. L. 94-239 substituted reference to member 
for reference to representative.
    Subsec. (b). Pub. L. 94-239 inserted provisions exempting government 
or governmental subdivision or agency from requirements of this 
subchapter, incorporated provisions contained in former subsec. (c) 
relating to recovery in class actions and, as incorporated, raised the 
total amount of recovery under a class action from $100,000 to $500,000.
    Subsec. (c). Pub. L. 94-239 redesignated subsec. (d) as (c) and 
specified United States district court or other court of competent 
jurisdiction as court in which to bring action, and substituted 
provisions authorizing such court to grant equitable and declaratory 
relief, for provisions authorizing civil actions for preventive relief. 
Provisions of former subsec. (c) were incorporated into present subsec. 
(b) and amended.
    Subsec. (d). Pub. L. 94-239 redesignated subsec. (e) as (d) and made 
minor changes in phraseology. Former subsec. (d) redesignated (c) and 
amended.
    Subsec. (e). Pub. L. 94-239 redesignated subsec. (f) as (e) and 
inserted reference to officially promulgated rule, regulation, or 
interpretation and provisions relating to approval and interpretations 
by an official or employee of the Federal Reserve System duly authorized 
by the Board. Former subsec. (e) redesignated (d) and amended.
    Subsec. (f). Pub. L. 94-239 redesignated subsec. (g) as (f) and 
inserted provisions which substituted a two year limitation for one year 
limitation and provisions extending time in which to bring action under 
enumerated conditions. Former subsec. (f) redesignated (e) and amended.
    Subsecs. (g) to (j). Pub. L. 94-239 added subsecs. (g) to (j). 
Former subsec. (g) redesignated (f) and amended.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-239 effective Mar. 23, 1976, see section 708 
of Pub. L. 90-321, set out as an Effective Date note under section 1691 
of this title.
