12 U.S.C. § 5564 — Litigation authority
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 647 words · no verdicts yet
The Bureau may sue people who violate Federal consumer financial law and seek civil penalties and other appropriate relief. It may represent itself, settle with court approval, and sue in specified federal or state courts within three years after discovering a violation, subject to stated rules for claims under other laws.
(a) In general. Subject to sections 5514, 5515, and 5516, the Bureau* may bring a civil action against a person* who violates a Federal consumer financial law*. It may seek a civil penalty and all appropriate legal or equitable relief, including a permanent or temporary injunction when law permits. (b) Representation. The Bureau may enforce this title, its rules, and other laws or regulations, and participate in actions to which it is a party, in its own name through its own attorneys. (c) Compromise. The Bureau may settle an action if the court approves. (d) Notice to Attorney General. (1) When starting a civil action under a Federal consumer* financial law or rule, the Bureau must notify the Attorney General and, for an insured depository institution or insured credit union*, the appropriate prudential regulator*. (2)(A) Besides (1), it must notify the Attorney General about every action or proceeding to which it is a party, except one involving offering or providing consumer financial products or services. (B) To avoid conflicts and promote consistency, the Attorney General and Bureau must consult about coordinating investigations and proceedings and must negotiate a coordination agreement no later than 180 days after the designated transfer date*. The agreement must ensure that parallel Federal-consumer-financial-law investigations and proceedings avoid conflicts and do not hinder the Attorney General’s ability to prosecute Federal criminal-law violations. (C) This paragraph does not limit Bureau authority, including authority to interpret Federal consumer financial law. (e) The Bureau may represent itself before the Supreme Court if it makes a written request to the Attorney General within the 10-day period beginning when judgment is entered that permits a certiorari petition, and the Attorney General agrees or does not act within 60 days of the request. (f) Forum. An action under this title may be brought in a United States district court or a competent State* court in a district where the defendant is located, resides, or does business. The court may enjoin the person and require compliance with Federal consumer financial law. (g)(1) Except as otherwise allowed by law or equity, an action under this title must be brought within 3 years after discovery of the violation. (2)(A) An action under this title does not include a claim arising only under an enumerated consumer law. (B) In an action arising only under such a law, the Bureau may start, defend, or join the action as that law requires. (C) The same applies to an action arising only under laws whose authority was transferred under subtitles F and H.
If any person* violates a Federal consumer financial law*, the Bureau* may, subject to sections 5514, 5515, and 5516 of this title, commence a civil action against such person to impose a civil penalty or to seek all appropriate legal and equitable relief including a permanent or temporary injunction as permitted by law.
The Bureau may act in its own name and through its own attorneys in enforcing any provision of this title,1 rules thereunder, or any other law or regulation, or in any action, suit, or proceeding to which the Bureau is a party.
The Bureau may compromise or settle any action if such compromise is approved by the court.
When commencing a civil action under Federal consumer* financial law, or any rule thereunder, the Bureau shall notify the Attorney General and, with respect to a civil action against an insured depository institution or insured credit union*, the appropriate prudential regulator*.
In addition to any notice required under paragraph (1), the Bureau shall notify the Attorney General concerning any action, suit, or proceeding to which the Bureau is a party, except an action, suit, or proceeding that involves the offering or provision of consumer financial products or services.
In order to avoid conflicts and promote consistency regarding litigation of matters under Federal law, the Attorney General and the Bureau shall consult regarding the coordination of investigations and proceedings, including by negotiating an agreement for coordination by not later than 180 days after the designated transfer date*. The agreement under this subparagraph shall include provisions to ensure that parallel investigations and proceedings involving the Federal consumer financial laws are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws.
Nothing in this paragraph shall be construed to limit the authority of the Bureau under this title,1 including the authority to interpret Federal consumer financial law.
The Bureau may represent itself in its own name before the Supreme Court of the United States, provided that the Bureau makes a written request to the Attorney General within the 10-day period which begins on the date of entry of the judgment which would permit any party to file a petition for writ of certiorari, and the Attorney General concurs with such request or fails to take action within 60 days of the request of the Bureau.
Any civil action brought under this title 1 may be brought in a United States district court or in any court of competent jurisdiction of a state* in a district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to enjoin such person and to require compliance with any Federal consumer financial law.
Except as otherwise permitted by law or equity, no action may be brought under this title 1 more than 3 years after the date of discovery of the violation to which an action relates.
An action arising under this title 1 does not include claims arising solely under enumerated consumer laws*.
In any action arising solely under an enumerated consumer law, the Bureau may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable.
In any action arising solely under laws for which authorities were transferred under subtitles F and H, the Bureau may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable.
Source credit: (Pub. L. 111–203, title X, § 1054, July 21, 2010, 124 Stat. 2028.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 2028
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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