12 U.S.C. § 2616

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 2616 - State laws unaffected; inconsistent Federal and State provisions

This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to settlement practices, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this chapter if the Bureau determines that such law gives greater protection to the consumer. In making these determinations the Bureau shall consult with the appropriate Federal agencies.

12 U.S.C. § 2616

Pub. L. 93-533, §18, Dec. 22, 1974, 88 Stat. 1731; Pub. L. 94-205, §9, Jan. 2, 1976, 89 Stat. 1159; Pub. L. 111-203, title X, §1098(10), July 21, 2010, 124 Stat. 2104.

EDITORIAL NOTES

AMENDMENTS2010- Pub. L. 111-203 substituted "Bureau" for "Secretary" wherever appearing. 1976- Pub. L. 94-205 struck out "(a)" before "This chapter" and struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules, regulations, or interpretations issued by the Secretary. See section 2617 (b) of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111-203 effective on the designated transfer date, see section 1100H of Pub. L. 111-203 set out as a note under section 552a of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-205 effective Jan. 2, 1976, see section 12 of Pub. L. 94-205 set out as a note under section 2602 of this title.

EFFECTIVE DATESection effective 180 days after Dec. 22, 1974, see section 20 of Pub. L. 93-533 set out as a note under section 2601 of this title.

State
The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
consumer
The term "consumer" means an individual or an agent, trustee, or representative acting on behalf of an individual.
designated transfer date
The term "designated transfer date" means the date established under section 5582 of this title.
Bureau
the term "Bureau" means the Bureau of Consumer Financial Protection.1 See References in Text note below.
Secretary
the term "Secretary" means the Secretary of Housing and Urban Development;
person
the term "person" includes individuals, corporations, associations, partnerships, and trusts;