Law
Pub. L. No. 111-203, 124 Stat. 1376, codified in relevant part at 12 U.S.C. § 5301, §§ 5481-5603, and in laws amended (Title X); and 12 U.S.C. § 5481 note, 15 U.S.C. § 1601 note, § 1602, and § 1631 et seq. (Title XIV)
Title X of this Act creates a new Bureau of Consumer Financial Protection within the Federal Reserve Board as a new supervisor for certain financial firms and as a rulemaker and enforcer against unfair, deceptive, abusive, or otherwise prohibited practices relating to most consumer financial products or services. The Act transfers most of the FTC’s rulemaking authority and one study requirement to the Bureau but the FTC retains all of its enforcement authority and some rulemaking authority.
The Act further provides for FTC/Bureau coordination regarding certain rulemaking and enforcement activities. The Act provides authority for each agency to enforce some of the other’s rules with respect to consumer financial practices. The Act also authorizes FTC rulemaking for certain motor vehicle dealers under standard Administrative Procedure Act procedures rather than the procedures set forth in the FTC Act.
In addition, the Act amends the Electronic Fund Transfer Act (a) to provide for limitations on interchange transaction fees; (b) to prohibit exclusive payment networks and routing restrictions for debit cards; (c) to limit the restrictions that credit and debit card networks may impose on retailers regarding discounts or transaction amount limits based on form of payment, and (d) to provide standards for remittance fee practices. It also provides for improved financial disclosures, including integration of mortgage disclosures under the Truth in Lending Act and the Real Estate Settlement Procedures Act.
Title XIV of the Act amends the Truth in Lending Act, the Equal Credit Opportunity Act, and other consumer financial laws to prevent mortgage-related abuses and to improve availability of responsible, affordable mortgage credit. It addresses compensation-based incentives; inappropriate steering, discrimination, and other abusive, unfair, deceptive, or predatory practices; minimum federal lending standards; high-cost mortgages; mortgage servicing; and appraisals. Title XIV provides a new enforcement role for the FTC regarding home appraisals.
