15 U.S.C. § 1665d — Reasonable penalty fees on open end consumer credit plans
submitted 17 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 324 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The amount of any penalty fee or charge that a card issuer* may impose with respect to a credit card* account under an open end consumer credit plan* in connection with any omission with respect to, or violation of, the cardholder* agreement, including any late payment fee, over-the-limit fee, or any other penalty fee or charge, shall be reasonable and proportional to such omission or violation.
The Bureau*, in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit* Union Administration* Board, shall issue final rules not later than 9 months after May 22, 2009, to establish standards for assessing whether the amount of any penalty fee or charge described under subsection (a) is reasonable and proportional to the omission or violation to which the fee or charge relates. Subsection (a) shall become effective 15 months after May 22, 2009.
In issuing rules required by this section, the Bureau shall consider—
the cost incurred by the creditor* from such omission or violation;
the deterrence of such omission or violation by the cardholder;
the conduct of the cardholder; and
such other factors as the Bureau may deem necessary or appropriate.
In issuing rules required by this subsection, the Bureau may establish different standards for different types of fees and charges, as appropriate.
The Bureau, in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit Union Administration Board, may issue rules to provide an amount for any penalty fee or charge described under subsection (a) that is presumed to be reasonable and proportional to the omission or violation to which the fee or charge relates.
Source credit: (Pub. L. 90–321, title I, § 149, as added Pub. L. 111–24, title I, § 102(b)(1), May 22, 2009, 123 Stat. 1740; amended Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.)
- 2009Enacted · Pub. L. 90-321 · 123 Stat. 1740
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 2009-05-22.
all 0 arguments · sorted by: best
no arguments yet — make the first case