Source
(Pub. L. 90–321, title I, § 127, May 29, 1968, 82 Stat. 153; Pub. L. 93–495, title III, §§ 304,
305, title IV, §§ 411,
415, Oct. 28, 1974, 88 Stat. 1511, 1519, 1521; Pub. L. 96–221, title VI, § 613(a)–(e), Mar. 31, 1980, 94 Stat. 176, 177; Pub. L. 100–583, §§ 2(a),
6, Nov. 3, 1988, 102 Stat. 2960, 2968; Pub. L. 100–709, § 2(b), Nov. 23, 1988, 102 Stat. 4729; Pub. L. 109–8, title XIII, §§ 1301(a),
1303
(a),
1304
(a),
1305
(a),
1306
(a), Apr. 20, 2005, 119 Stat. 204, 209, 211, 212.)
Enactment of Subsections (b)(11), (12), (c)(6), (7), and (h)
Subsections (b)(11), (12), (c)(6), (7), and (h) of this section not effective until the later of 12 to 18 months after Apr. 20, 2005, or 12 months after date of publication by Board of Governors of the Federal Reserve System of final regulations implementing the requirements of each of those subsections, see Effective Date of 2005 Amendment note below.
References in Text
For effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, referred to in subsec. (b)(11)(F)(ii)(I), as being 180 days after Apr. 20, 2005, except as otherwise provided, see section 1501 of
Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section
101 of Title
11, Bankruptcy. For effective date of subsec. (b)(11) of this section, see Effective Date of 2005 Amendment note below.
Amendments
2005—Subsec. (b)(11).
Pub. L. 109–8, § 1301(a), added par. (11).
Subsec. (b)(12).
Pub. L. 109–8, § 1305(a), added par. (12).
Subsec. (c)(6).
Pub. L. 109–8, § 1303(a), added par. (6).
Subsec. (c)(7).
Pub. L. 109–8, § 1304(a), added par. (7).
Subsec. (h).
Pub. L. 109–8, § 1306(a), added subsec. (h).
1988—Subsec. (a)(8).
Pub. L. 100–709 added par. (8).
Subsecs. (c) to (f).
Pub. L. 100–583, § 2(a), added subsecs. (c) to (f).
Subsec. (g).
Pub. L. 100–583, § 6, added subsec. (g).
1980—Subsec. (a)(1).
Pub. L. 96–221, § 613(a)(1), inserted provisions requiring the creditor to disclose that no time period is provided.
Subsec. (a)(5).
Pub. L. 96–221, § 613(a)(2), (3), redesignated par. (6) as (5) and inserted provisions relating to identification of other charges, and regulations by the Board. Former par. (5), relating to elective rights of the creditor, was struck out.
Subsec. (a)(6).
Pub. L. 96–221, § 613(a)(2), (3), redesignated par. (7) as (6) and revised nomenclature and expanded statement requirements. Former par. (6) redesignated (5).
Subsec. (a)(7), (8).
Pub. L. 96–221, § 613(a)(2), (d), redesignated par. (8) as (7) and substituted provisions relating to one billing cycle per calendar year, for provisions relating to each of two billing cycles per year. Former par. (7) redesignated (6).
Subsec. (b)(2).
Pub. L. 96–221, § 613(b), inserted provisions relating to failure of the creditor to disclose information in accordance with this paragraph, and made minor changes in phraseology.
Subsec. (b)(7) to (11).
Pub. L. 96–221, § 613(c), struck out par. (7) which related to elective rights of the creditor, and redesignated pars. (8) to (11) as (7) to (10), respectively.
Subsec. (c).
Pub. L. 96–221, § 613(e), struck out subsec. (c) which related to the time for making disclosures with respect to open end consumer credit plans having an outstanding balance of more than $1 at or after the close of the first full billing cycle.
1974—Subsec. (a)(1).
Pub. L. 93–495, § 415(1), inserted exception relating to nonimposition of a finance charge at the election of the creditor and without disclosure.
Subsec. (a)(8).
Pub. L. 93–495, § 304(a), added par. (8).
Subsec. (b)(2).
Pub. L. 93–495, § 411, substituted provisions requiring a brief identification on or accompanying the statement of credit extension sufficient to enable the obligor to identify the transaction or relate it to copies of sales vouchers or similar instruments previously furnished, for provisions requiring for purchases a brief identification, unless previously furnished, of the goods or services purchased.
Subsec. (b)(10).
Pub. L. 93–495, § 415(2), inserted exception relating to nonimposition of additional finance charge at the election of the creditor and without disclosure.
Subsec. (b)(11).
Pub. L. 93–495, § 305, added par. (11).
Subsec. (c).
Pub. L. 93–495, § 304(b), substituted provisions relating to disclosure requirements in a notice mailed or delivered to the obligor not later than the time of mailing the next statement required by subsec. (b) of this section, for provisions relating to disclosure requirements in a notice mailed or delivered to the obligor not later than thirty days after July 1, 1969.
Effective Date of 2005 Amendment
Pub. L. 109–8, title XIII, § 1301(b)(2), Apr. 20, 2005,
119 Stat. 207, provided that: “Section 127(b)(11) of the Truth in Lending Act [subsec. (b)(11) of this section], as added by subsection (a) of this section, and the regulations issued under paragraph (1) of this subsection [set out as a note under this section] shall not take effect until the later of—
“(A) 18 months after the date of enactment of this Act [Apr. 20, 2005]; or
“(B) 12 months after the publication of such final regulations by the Board [of Governors of the Federal Reserve System].”
Pub. L. 109–8, title XIII, § 1303(b)(2), Apr. 20, 2005,
119 Stat. 211, provided that: “Section 127(c)(6) of the Truth in Lending Act [subsec. (c)(6) of this section], as added by this section, and regulations issued under paragraph (1) of this subsection [set out as a note under this section] shall not take effect until the later of—
“(A) 12 months after the date of enactment of this Act [Apr. 20, 2005]; or
“(B) 12 months after the date of publication of such final regulations by the Board [of Governors of the Federal Reserve System].”
Pub. L. 109–8, title XIII, § 1304(b)(2), Apr. 20, 2005,
119 Stat. 212, provided that: “The amendment made by subsection (a) [amending this section] and the regulations issued under paragraph (1) of this subsection [set out as a note under this section] shall not take effect until the later of—
“(A) 12 months after the date of enactment of this Act [Apr. 20, 2005]; or
“(B) 12 months after the date of publication of such final regulations by the Board [of Governors of the Federal Reserve System].”
Pub. L. 109–8, title XIII, § 1305(b)(2), Apr. 20, 2005,
119 Stat. 212, provided that: “The amendment made by subsection (a) [amending this section] and regulations issued under paragraph (1) of this subsection [set out as a note under this section] shall not take effect until the later of—
“(A) 12 months after the date of enactment of this Act [Apr. 20, 2005]; or
“(B) 12 months after the date of publication of such final regulations by the Board [of Governors of the Federal Reserve System].”
Pub. L. 109–8, title XIII, § 1306(b)(2), Apr. 20, 2005,
119 Stat. 212, provided that: “The amendment made by subsection (a) [amending this section] and regulations issued under paragraph (1) of this subsection [set out as a note under this section] shall not take effect until the later of—
“(A) 12 months after the date of enactment of this Act [Apr. 20, 2005]; or
“(B) 12 months after the date of publication of such final regulations by the Board [of Governors of the Federal Reserve System].”
Effective Date of 1988 Amendment
For effective date of amendments by
Pub. L. 100–709, see Regulations; Effective Date note below.
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 1974 Amendment
For effective date of amendment by sections 304 and 305 of
Pub. L. 93–495, see section 308 of
Pub. L. 93–495, set out as an Effective Date note under section
1666 of this title.
For effective date of amendment by section 411 of
Pub. L. 93–495, see section 416 of
Pub. L. 93–495, set out as an Effective Date note under section
1665a of this title.
Amendment by section 415 of
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.
Regulations
Pub. L. 109–8, title XIII, § 1301(b)(1), Apr. 20, 2005,
119 Stat. 207, provided that: “The Board of Governors of the Federal Reserve System (hereafter in this title [amending this section and sections
1637a,
1638,
1664, and
1665b of this title and enacting provisions set out as notes under this section and section
1637a of this title] referred to as the ‘Board’) shall promulgate regulations implementing the requirements of section 127(b)(11) of the Truth in Lending Act [subsec. (b)(11) of this section], as added by subsection (a) of this section.”
Pub. L. 109–8, title XIII, § 1303(b)(1), Apr. 20, 2005,
119 Stat. 211, provided that: “The Board [of Governors of the Federal Reserve System] shall promulgate regulations implementing the requirements of section 127(c)(6) of the Truth in Lending Act [subsec. (c)(6) of this section], as added by this section.”
Pub. L. 109–8, title XIII, § 1304(b)(1), Apr. 20, 2005,
119 Stat. 211, provided that: “The Board [of Governors of the Federal Reserve System] shall promulgate regulations implementing the requirements of section 127(c)(7) of the Truth in Lending Act [subsec. (c)(7) of this section], as added by this section.”
Pub. L. 109–8, title XIII, § 1305(b)(1), Apr. 20, 2005,
119 Stat. 212, provided that: “The Board [of Governors of the Federal Reserve System] shall promulgate regulations implementing the requirements of section 127(b)(12) of the Truth in Lending Act [subsec. (b)(12) of this section], as added by this section.”
Pub. L. 109–8, title XIII, § 1306(b)(1), Apr. 20, 2005,
119 Stat. 212, provided that: “The Board [of Governors of the Federal Reserve System] shall promulgate regulations implementing the requirements of section 127(h) of the Truth in Lending Act [subsec. (h) of this section], as added by this section.”
Pub. L. 109–8, title XIII, § 1309, Apr. 20, 2005,
119 Stat. 213, provided that:
“(a) Regulations.—Not later than 6 months after the date of enactment of this Act [Apr. 20, 2005], the Board [of Governors of the Federal Reserve System], in consultation with the other Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act [
12 U.S.C.
1813]), the National Credit Union Administration Board, and the Federal Trade Commission, shall promulgate regulations to provide guidance regarding the meaning of the term ‘clear and conspicuous’, as used in subparagraphs (A), (B), and (C) of section
127
(b)(11) and clauses (ii) and (iii) of section 127(c)(6)(A) of the Truth in Lending Act [subsecs. (b)(11) and (c)(6)(A) of this section].
“(b) Examples.—Regulations promulgated under subsection (a) shall include examples of clear and conspicuous model disclosures for the purposes of disclosures required by the provisions of the Truth in Lending Act [
15 U.S.C.
1601 et seq.] referred to in subsection (a).
“(c) Standards.—In promulgating regulations under this section, the Board [of Governors of the Federal Reserve System] shall ensure that the clear and conspicuous standard required for disclosures made under the provisions of the Truth in Lending Act referred to in subsection (a) can be implemented in a manner which results in disclosures which are reasonably understandable and designed to call attention to the nature and significance of the information in the notice.”
Regulations; Effective Date
For provisions relating to promulgation of regulations to implement amendment by
Pub. L. 100–709, and effective date of such amendment in connection with those regulations, see section 7 of
Pub. L. 100–709, set out as a note under section
1637a of this title.
Section 7 of
Pub. L. 100–583 provided that: “Any regulation required to be prescribed by the Board under the amendments made by section
2 [amending this section and section
1632 of this title] shall—
“(1) take effect not later than the end of the 150-day period beginning on the date of the enactment of this Act [Nov. 3, 1988]; and
“(2) apply only with respect to applications, solicitations, and other material distributed after the end of the 150-day period beginning after the end of the period referred to in paragraph (1), except that—
“(A) in the case of applications and solicitations subject to paragraph (3) or (4)(C) of section 127(c) of the Truth in Lending Act [
15 U.S.C.
1637
(c)(3), (
4)(C)] (as added by section
2), such period shall be 240 days; and
“(B) any card issuer may, at its option, comply with the requirements of the amendments made by this Act [see Short Title of 1988 Amendment note under section
1601 of this title] prior to the applicable effective date, in which case the amendments made by this Act shall be fully applicable to such card issuer.”
Reports to Congress
Section 8 of
Pub. L. 100–583 provided that: “Not later than 1 year after the regulations prescribed under section 7 of this Act [set out as a note above] become effective and annually thereafter, the Board of Governors of the Federal Reserve System shall transmit to the Congress a report containing an assessment by the Board of the profitability of credit card operations of depository institutions, including an analysis of any impact of the amendments made by this Act [see Short Title of 1988 Amendment note under section
1601 of this title] on such profitability.”