Sec. 21B. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.19
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## SEC. 21B PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.19 **[**[15 U.S.C. 57b–2b](/us/usc/t15/s57b–2b)**]** 19Section 21B was added by section 8 of Public Law 109–455 (120 Stat. 3380). For the effective date of a sunset provision, see section 13 of such Public Law (120 Stat. 3382) set out in a footnote at the end of section 4 of this Act. ###
(a)In General ####
(1)No liability for providing certain material An entity described in paragraphs
(2)or
(3)of subsection
(d)that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— #####
(A)a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or #####
(B)assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. ####
(2)Limitations Nothing in this subsection shall be construed to exempt any such entity from liability— #####
(A)for the underlying conduct reported; or #####
(B)to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission. ###
(b)Certain Financial Institutions An entity described in paragraph
(1)of subsection
(d)shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— ####
(1)a disclosure regarding assets, including assets located in foreign jurisdictions— #####
(A)related to possibly fraudulent or deceptive commercial practices; #####
(B)related to persons involved in such practices; or #####
(C)otherwise subject to recovery by the Commission; or ####
(2)a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices. ###
(c)Consumer Complaints Any entity described in subsection
(d)that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct. ###
(d)Application This section applies to the following entities, whether foreign or domestic: ####
(1)A financial institution as defined in section 5312 of title 31, United States Code. ####
(2)To the extent not included in paragraph (1), a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers' checks, money orders, or similar instruments. ####
(3)A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. ####
(4)An Internet service provider or provider of telephone services.
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- 15 USC 57b–2b
- Pub. L. 109-455
- 120 Stat. 3380
- 120 Stat. 3382
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Sec. 21B
PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.19
Cite15 USC 57b–2b
Pub. L.Pub. L. 109-455
Stat.120 Stat. 3380
Stat.120 Stat. 3382
Cites 4Cited by 0 across 0 sources