The Bureau may take any action authorized under part E to prevent a covered person or service provider from committing or engaging in an unfair, deceptive, or abusive act or practice under Federal law in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service.
The Bureau may prescribe rules applicable to a covered person or service provider identifying as unlawful unfair, deceptive, or abusive acts or practices in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service. Rules under this section may include requirements for the purpose of preventing such acts or practices.
(1) In general
The Bureau shall have no authority under this section to declare an act or practice in connection with a transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service, to be unlawful on the grounds that such act or practice is unfair, unless the Bureau has a reasonable basis to conclude that—
(A)the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers; and
(B)such substantial injury is not outweighed by countervailing benefits to consumers or to competition.
(2) Consideration of public policies
In determining whether an act or practice is unfair, the Bureau may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such determination.
The Bureau shall have no authority under this section to declare an act or practice abusive in connection with the provision of a consumer financial product or service, unless the act or practice—
(1)materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service; or
(2)takes unreasonable advantage of—
(A)a lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service;
(B)the inability of the consumer to protect the interests of the consumer in selecting or using a consumer financial product or service; or
(C)the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.
In prescribing rules under this section, the Bureau shall consult with the Federal banking agencies, or other Federal agencies, as appropriate, concerning the consistency of the proposed rule with prudential, market, or systemic objectives administered by such agencies.
(f) Consideration of seasonal income
The rules of the Bureau under this section shall provide, with respect to an extension of credit secured by residential real estate or a dwelling, if documented income of the borrower, including income from a small business, is a repayment source for an extension of credit secured by residential real estate or a dwelling, the creditor may consider the seasonality and irregularity of such income in the underwriting of and scheduling of payments for such credit.
Pub. L. 111–203, title X, § 1037,July 21, 2010, 124 Stat. 2011, provided that: “This subtitle [subtitle C (§§ 1031–1037), enacting this part] shall take effect on the designated transfer date.”
[The term “designated transfer date” is defined in section
5481(9) of this title as the date established under section
5582 of this title.]
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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