U.S. Code » Title 12 » Chapter CHAPTER 53— WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter SUBCHAPTER V— BUREAU OF CONSUMER FINANCIAL PROTECTION › Part Part C— Specific Bureau Authorities

12 U.S.C. § 5536

Prohibited acts

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(a) In generalIt shall be unlawful for—(1) any covered person or service provider—(A) to offer or provide to a consumer any financial product or service not in conformity with Federal consumer financial law, or otherwise commit any act or omission in violation of a Federal consumer financial law; or(B) to engage in any unfair, deceptive, or abusive act or practice;(2) any covered person or service provider to fail or refuse, as required by Federal consumer financial law, or any rule or order issued by the Bureau thereunder—(A) to permit access to or copying of records;(B) to establish or maintain records; or(C) to make reports or provide information to the Bureau; or(3) any person to knowingly or recklessly provide substantial assistance to a covered person or service provider in violation of the provisions of section 5531 of this title, or any rule or order issued thereunder, and notwithstanding any provision of this title,11 See References in Text note below. the provider of such substantial assistance shall be deemed to be in violation of that section to the same extent as the person to whom such assistance is provided.(b) Exception

No person shall be held to have violated subsection (a)(1) solely by virtue of providing or selling time or space to a covered person or service provider placing an advertisement.

(Pub. L. 111–203, title X, § 1036, July 21, 2010, 124 Stat. 2010.)Editorial NotesReferences in Text

This title, where footnoted in subsec. (a)(3), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the designated transfer date, see section 1037 of Pub. L. 111–203, set out as a note under section 5531 of this title.

Notes of Decisions
Cited in 63 cases (36 in the last 5 years), 2013–2026 · leading case: Consum. Fin. Prot. Bureau v. RD Legal Funding, LLC, 332 F. Supp. 3d 729 (S.D. Ill. 2018).
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Consum. Fin. Prot. Bureau v. RD Legal Funding, LLC, 332 F. Supp. 3d 729 (S.D. Ill. 2018). · cites it 17× “§§ 5531 (a), 5536(a)(1)(B), by misrepresenting that the Purchase Agreements constituted valid and enforceable assignments and that Dersovitz knowingly or recklessly provided substantial assistance to the RD Entities in carrying out these violations, 12 U.S.C. § 5536 (a)(3)…”
Consum. Fin. Prot. Bureau v. ITT Educ. Servs., Inc., 219 F. Supp. 3d 878 (S.D. Ind. 2015). · cites it 7× “ITT argues that the unconstitutional vagueness of Section 5536, as applied here, mandates the dismissal of all three counts. Before addressing, in turn, the purported vagueness of the terms “unfair” and “abusive,” we pause to resolve the parties’ dispute regarding the level of…”
Consum. Fin. Prot. Bureau v. Frederick J. Hanna & Assocs., P.C., 114 F. Supp. 3d 1342 (N.D. Ga. 2015). · cites it 6× “Moreover, according to the Bureau, in these debt-collection lawsuits, the Firm’s lawyers rely on affidavits, which the Firm and its three partners named in this case knew or should have known were executed by a person without personal knowledge of the facts contained in those…”
Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 785 F.3d 684 (D.C. Cir. 2015). · cites it 2× “On April 22, 2013, after an investigation lasting more than a year, the Bureau notified Morgan Drexen that its enforcement office was “considering recommending that the Bureau take legal action” against Morgan Drexen and its Chief Executive Officer Walter Ledda for violations of…”
Navajo Nation v. Wells Fargo & Co., 344 F. Supp. 3d 1292 (D.N.M. 2018). · cites it 2× “See 12 U.S.C. § 5536 (a)(1). The CFPB ordered Wells Fargo to (1) review and report on its practices; (2) develop a plan to correct any deficiencies; (3) develop and implement a plan to redress harm to its consumers, for which it was required to segregate $5 million; and (4) pay…”
Cmty Fin Assoc Am. v. CFPB, 51 F.4th 616 (5th Cir. 2022). “12 U.S.C. § 5536 (a)(1)(B). “Congress authorized the [Bureau] to implement that broad standard (and the 18 pre- existing statutes placed under the agency’s purview) through binding regulations.”
Goran Pleho, LLC v. Lacy. ICA mem.op., filed 07/29/2016. Motion for Partial Reconsideration of Memorandum Opinion, filed 08/08/2016., 439 P.3d 176 (Haw. 2019). “12 Even if this were not the case, however, the dissent offers no meaningful analysis as to why we should distinguish between the unfair methods of competition portion and the unfair or deceptive acts or practices portion of FTCA section 5(a)(1) with respect to what constitutes…”
Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 979 F. Supp. 2d 104 (D.D.C. 2013). · cites it 2× “the staff expects to allege that your clients violated Sections 1031 and 1036 of the Consumer Financial Protection Act, 12 U.S.C. § 5536 and the Telemarketing *109 Sales Rule, 16 C.”
W. Sky Fin., LLC v. State, 793 S.E.2d 357 (Ga. 2016). “12 USC § 5536 (a) (1) (B). 2016 WL 4820635 , No.”
CFPB v. Townstone Fin., Inc., 107 F.4th 768 (7th Cir. 2024). “4 (b); one count of violating the Consumer Financial Protection Act of 2010, see 12 U.S.C. § 5536 (a)(1)(A); and one count of fraudulent transfer, in violation of 28 U.”
Pennsylvania v. Navient Corp., 348 F. Supp. 3d 394 (M.D. Penn. 2018). “Specifically, the Commonwealth contends *396 that Navient has committed a variety of unfair, deceptive, and abusive practices in connection with the origination and servicing of student loans in violation of the Consumer Financial Protection Act ("CFPA"), 12 U.S.C. § 5536 , and…”
Pennsylvania v. Navient Corp., 354 F. Supp. 3d 529 (M.D. Penn. 2018). “Specifically, the Commonwealth contends that Navient has committed a variety of unfair, deceptive, and abusive practices in connection with the origination and servicing of student loans in violation of the Consumer Financial Protection Act ("CFPA"), 12 U.S.C. § 5536 , and the…”
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— 12 U.S.C. § 5536(a)(1) — 1 case
Commonwealth of Pennsylvania v. Mariner Fin., LLC (E.D. Pa. 2024).
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