Sec. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS
571 words·~3 min read·
/statute-compilations/comps-10359/sec-662A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 662 EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS ###
(a)Civil Liability Section 987(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: > > #### “(5) Civil liability > > > ##### “(A) In general > > A person who violates this section with respect to any person is civilly liable to such person for— > > > ###### “(i) > > any actual damage sustained as a result, but not less than $500 for each violation; > > > ###### “(ii) > > appropriate punitive damages; > > > ###### “(iii) > > appropriate equitable or declaratory relief; and > > > ###### “(iv) > > any other relief provided by law. > > > ##### “(B) Costs of the action > > In any successful action to enforce the civil liability described in subparagraph (A), the person who violated this section is also liable for the costs of the action, together with reasonable attorney fees as determined by the court. > > > ##### “(C) Effect of finding of bad faith and harassment > > In any successful action by a defendant under this section, if the court finds the action was brought in bad faith and for the purpose of harassment, the plaintiff is liable for the attorney fees of the defendant as determined by the court to be reasonable in relation to the work expended and costs incurred. > > > ##### “(D) Defenses > > A person may not be held liable for civil liability under this paragraph if the person shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors, except that an error of legal judgment with respect to a person’s obligations under this section is not a bona fide error. > > > ##### “(E) Jurisdiction, venue, and statute of limitations > > An action for civil liability under this paragraph may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of— > > > ###### “(i) > > two years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or > > > ###### “(ii) > > five years after the date on which the violation that is the basis for such liability occurs.” > . ###
(b)Enforcement Authority Such section is further amended by inserting after paragraph (5), as added by subsection (a), the following new paragraph: > > #### “(6) Administrative enforcement > > The provisions of this section (other than paragraph
(1)of this subsection) shall be enforced by the agencies specified in section 108 of the Truth in Lending Act (15 U.S.C. 1607) in the manner set forth in that section or under any other applicable authorities available to such agencies by law.” > . ###
(c)Application of Amendment **[**[10 U.S.C. 987 note](/us/usc/t10/s987)**]** The amendment made by subsection
(a)shall apply with respect to consumer credit extended on or after the date of the enactment of this Act.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 662
EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS
Cites 2Cited by 0 across 0 sources