12 U.S.C. § 5564

Litigation authority

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(a) In general

If any person violates a Federal consumer financial law, the Bureau may, subject to sections 5514, 5515, and 5516 of this title, commence a civil action against such person to impose a civil penalty or to seek all appropriate legal and equitable relief including a permanent or temporary injunction as permitted by law.

(b) Representation

The Bureau may act in its own name and through its own attorneys in enforcing any provision of this title,11 See References in Text note below. rules thereunder, or any other law or regulation, or in any action, suit, or proceeding to which the Bureau is a party.

The Bureau may compromise or settle any action if such compromise is approved by the court.

(d) Notice to the Attorney General(1) In general

When commencing a civil action under Federal consumer financial law, or any rule thereunder, the Bureau shall notify the Attorney General and, with respect to a civil action against an insured depository institution or insured credit union, the appropriate prudential regulator.

(2) Notice and coordination(A) Notice of other actions

In addition to any notice required under paragraph (1), the Bureau shall notify the Attorney General concerning any action, suit, or proceeding to which the Bureau is a party, except an action, suit, or proceeding that involves the offering or provision of consumer financial products or services.

(B) Coordination

In order to avoid conflicts and promote consistency regarding litigation of matters under Federal law, the Attorney General and the Bureau shall consult regarding the coordination of investigations and proceedings, including by negotiating an agreement for coordination by not later than 180 days after the designated transfer date. The agreement under this subparagraph shall include provisions to ensure that parallel investigations and proceedings involving the Federal consumer financial laws are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws.

Nothing in this paragraph shall be construed to limit the authority of the Bureau under this title,¹ including the authority to interpret Federal consumer financial law.

(e) Appearance before the Supreme Court

The Bureau may represent itself in its own name before the Supreme Court of the United States, provided that the Bureau makes a written request to the Attorney General within the 10-day period which begins on the date of entry of the judgment which would permit any party to file a petition for writ of certiorari, and the Attorney General concurs with such request or fails to take action within 60 days of the request of the Bureau.

(f) Forum

Any civil action brought under this title ¹ may be brought in a United States district court or in any court of competent jurisdiction of a state in a district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to enjoin such person and to require compliance with any Federal consumer financial law.

(g) Time for bringing action(1) In general

Except as otherwise permitted by law or equity, no action may be brought under this title ¹ more than 3 years after the date of discovery of the violation to which an action relates.

(2) Limitations under other Federal laws(A) In general

An action arising under this title ¹ does not include claims arising solely under enumerated consumer laws.

(B) Bureau authority

In any action arising solely under an enumerated consumer law, the Bureau may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable.

In any action arising solely under laws for which authorities were transferred under subtitles F and H, the Bureau may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable.

(Pub. L. 111–203, title X, § 1054, July 21, 2010, 124 Stat. 2028.)Editorial NotesReferences in Text

This title, referred to in subsecs. (b), (d)(2)(C), (f), and (g)(1), (2)(A), 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.

Subtitle F, referred to in subsec. (g)(2)(C), is subtitle F (§§ 1061–1067) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2035, which is classified generally to part F (§ 5581 et seq.) of this subchapter. For complete classification of subtitle F to the Code, see Tables.

Subtitle H, referred to in subsec. (g)(2)(C), is subtitle H (§§ 1081–1100H) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2080. For complete classification of subtitle H to the Code, see Tables.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the designated transfer date, see section 1058 of Pub. L. 111–203, set out as a note under section 5561 of this title.

Notes of Decisions

Cited in 52 cases (31 in the last 5 years), 2013–2025 · leading case: Consum. Fin. Prot. v. Chance Gordon, 819 F.3d 1179 (9th Cir. 2016).

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Consum. Fin. Prot. v. Chance Gordon, 819 F.3d 1179 (9th Cir. 2016). · cites it 9× “See 12 U.S.C. § 5564 (a)–(b) (authorizing the CFPB to “commence a civil action against” violators of federal consumer financial protection laws and “act in its own name and through its own attorneys in enforcing” the laws under its jurisdiction).”

PHH Corp. v. Consum. Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016). · cites it 2× “” 12 U.S.C. § 5564 (g)(2)(B). 94 in its enforcement action against PHH, the CFPB was bound by any statute of limitations located in the Real Estate Settlement Procedures Act.”

Consum. Fin. Prot. Bureau v. Frederick J. Hanna & Assocs., P.C., 114 F. Supp. 3d 1342 (N.D. Ga. 2015). · cites it 5× “And the Court recognizes a third possibility: that the CFPA’s fall-back three-year statute of limitations, 12 U.S.C. § 5564 (g), might apply. As explained below, the Court rejects the Bureau’s position that Congress intended to impose no time limitations on the Bureau when it…”

CFPB v. Townstone Fin., Inc., 107 F.4th 768 (7th Cir. 2024). “§ 1691c(a)(9); 12 U.S.C. § 5564 . No. 23-1654 7 applicants.”

Consum. Fin. Prot. Bureau v. Future Income Payments, LLC, 252 F. Supp. 3d 961 (C.D. Cal. 2017). · cites it 2× “First, the statute of limitations provided in 12 U.S.C. § 5564 commences upon “the date of discovery of the violation to which an action relates.”

Integrity Advance v. CFPB, 48 F.4th 1161 (10th Cir. 2022). “” 12 U.S.C. § 5564 (g)(1). We 15 The statute-of-limitations arguments apply to Carnes alone, because the Bureau signed tolling agreements with Integrity to toll the limitations period.”

Consum. Fin. Prot. v. Seila Law LLC, 997 F.3d 837 (9th Cir. 2020). “” 12 U.S.C. § 5564 (g)(1). According to Seila Law, the “date of discovery of the violation” was February 18, 2016, when the CFPB filed an application (in a proceeding brought CFPB V.”

Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 979 F. Supp. 2d 104 (D.D.C. 2013). “On August 20, 2013, pursuant to its authority to bring enforcement actions under 12 U.S.C. § 5564 (a) and 15 U.S.C. §§ 6102 (c)(2) and 6105(d), the CFPB filed a complaint against Morgan Drexen and Ledda in the United States District Court for the Central District of California.”

State Nat'l Bank of Big Spring v. Geithner, 958 F. Supp. 2d 127 (D.D.C. 2013). “See 12 U.S.C. § 5564 . 1. UDAAP Authority In addition to granting existing regulatory authority to the Bureau, Title X also authorizes the Bureau to issue new regulations to implement the provisions of Title X, including its prohibition against any “unfair, deceptive, or abusive…”

Kshetrapal v. Dish Network, LLC, 90 F. Supp. 3d 108 (S.D.N.Y. 2015). “, 12 U.S.C. § 5564 . The “Protection of Whistleblowers” section of the DFA, on the other hand, provides that: Relief for an individual prevailing in an action brought under subparagraph (B) shall include— (i) reinstatement with the same seniority status that the individual would…”

Commonwealth of Pennsylvania v. Mariner Fin., LLC (E.D. Pa. 2024). · cites it 8× “§ 5552 (a)(1) restrictive can be gleaned by comparing 12 U.S.C. § 5564 (f) – which it believes only applies to actions brought by the Bureau – with the provision that explicitly mentions actions brought by the States, 12 U.”

Consum. Fin. Prot. Bureau v. Snap Fin. (D. Utah 2024). · cites it 5× “12 U.S.C. § 5564 (g)(1). The court agrees with the CFPB that its enforcement action for a violation of the FCRA is properly enforced under the CFPA, which lays out the governing statute of limitations.”

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— 12 U.S.C. § 5564(a) — 3 cases

Leato v. Moneygram Int'l, Inc. (W.D. Ark. 2019).

Leato v. Horizon Bank (W.D. Ark. 2019).

Leato v. W. Union Holdings, Inc. (W.D. Ark. 2019).

— 12 U.S.C. § 5564(f) — 1 case

Commonwealth of Pennsylvania v. Mariner Fin., LLC (E.D. Pa. 2024). “§ 5552 (a)(1) restrictive can be gleaned by comparing 12 U.S.C. § 5564 (f) – which it believes only applies to actions brought by the Bureau – with the provision that explicitly mentions actions brought by the States, 12 U.”

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