12 U.S.C. § 5565

Relief available

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 12 CasesGoogle Scholar

(a) Administrative proceedings or court actions(1) Jurisdiction

The court (or the Bureau, as the case may be) in an action or adjudication proceeding brought under Federal consumer financial law, shall have jurisdiction to grant any appropriate legal or equitable relief with respect to a violation of Federal consumer financial law, including a violation of a rule or order prescribed under a Federal consumer financial law.

(2) ReliefRelief under this section may include, without limitation—(A) rescission or reformation of contracts;(B) refund of moneys or return of real property;(C) restitution;(D) disgorgement or compensation for unjust enrichment;(E) payment of damages or other monetary relief;(F) public notification regarding the violation, including the costs of notification;(G) limits on the activities or functions of the person; and(H) civil money penalties, as set forth more fully in subsection (c).(3) No exemplary or punitive damages

Nothing in this subsection shall be construed as authorizing the imposition of exemplary or punitive damages.

(b) Recovery of costs

In any action brought by the Bureau, a State attorney general, or any State regulator to enforce any Federal consumer financial law, the Bureau, the State attorney general, or the State regulator may recover its costs in connection with prosecuting such action if the Bureau, the State attorney general, or the State regulator is the prevailing party in the action.

Any person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection.

(2) Penalty amounts(A) First tier

For any violation of a law, rule, or final order or condition imposed in writing by the Bureau, a civil penalty may not exceed $5,000 for each day during which such violation or failure to pay continues.

(B) Second tier

Notwithstanding paragraph (A), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed $25,000 for each day during which such violation continues.

Notwithstanding subparagraphs (A) and (B), for any person that knowingly violates a Federal consumer financial law, a civil penalty may not exceed $1,000,000 for each day during which such violation continues.

(3) Mitigating factorsIn determining the amount of any penalty assessed under paragraph (2), the Bureau or the court shall take into account the appropriateness of the penalty with respect to—(A) the size of financial resources and good faith of the person charged;(B) the gravity of the violation or failure to pay;(C) the severity of the risks to or losses of the consumer, which may take into account the number of products or services sold or provided;(D) the history of previous violations; and(E) such other matters as justice may require.(4) Authority to modify or remit penalty

The Bureau may compromise, modify, or remit any penalty which may be assessed or had already been assessed under paragraph (2). The amount of such penalty, when finally determined, shall be exclusive of any sums owed by the person to the United States in connection with the costs of the proceeding, and may be deducted from any sums owing by the United States to the person charged.

(5) Notice and hearingNo civil penalty may be assessed under this subsection with respect to a violation of any Federal consumer financial law, unless—(A) the Bureau gives notice and an opportunity for a hearing to the person accused of the violation; or(B) the appropriate court has ordered such assessment and entered judgment in favor of the Bureau.(Pub. L. 111–203, title X, § 1055, July 21, 2010, 124 Stat. 2029.)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 36 cases (23 in the last 5 years), 2015–2025 · leading case: PHH Corp. v. Consumer Financial Protection Bureau

Sort: Relevance Newest Treatment

PHH Corp. v. Consumer Financial Protection Bureau (2016) cadc · cites it 4× “12 U.S.C. § 5565 (a)(2). But the Supreme Court has emphatically stressed the importance of statutes of limitations in civil penalty provisions.”

Integrity Advance v. CFPB (2022) ca10 · cites it 8× “]” 12 U.S.C. § 5565 (c)(1). CFPA establishes three tiers of penalties with statutory maximums ranging from $5000 to $1 million (before adjustments for inflation) for each day during which a violation continues.”

CFPB v. Consumer First Legal Group, LL (2021) ca7 · cites it 4× “We agree with Appellants on all three points. A We ﬁrst address the district court’s restitution award.”

Hylton v. J.P. Morgan Chase Bank, N.A. (2018) ilsd “") ) The Complaint asserts that subject matter jurisdiction exists based on Plaintiff's claims under (1) the Dodd-Frank Wall Street Reform and Consumer Protection Act, 12 U.S.C. § 5565 (a)(1) ; and (2) the Real Estate Settlement Procedures Act, 12 U.”

Cmty Fin Assoc America v. CFPB (2022) ca5 “12 U.S.C. § 5565 (a)(2). Those penalties, when levied, are deposited into a “Civil Penalty Fund,” expenditures from which are restricted “for payments to the victims of activities for which civil penalties have been imposed under the Federal consumer financial laws.”

Consumer Financial Protection Bureau v. ITT Educational Services, Inc. (2015) insd · cites it 2× “Though ITT is correct that the CFPA does authorize the imposition of heavy fines, 12 U.S.C. § 5565 (c)(2), it forbids exemplary or punitive damages.”

Morgan Drexen, Inc. v. Consumer Financial Protection Bureau (2015) cadc “An enforcement action by the Bureau appeared likely, but in the meantime Morgan Drexen’s potential penalties under the Dodd- Frank Act were accumulating daily, see 12 U.S.C. § 5565 (c). “When enforcement actions are imminent — and at least when repetitive penalties attach to…”

Consumer Financial Protection Bureau v. Cashcall, Inc. (2025) ca9 “See 12 U.S.C. § 5565 (a)(3) (disallowing punitive damages).”

Consumer Finance Protection Bureau v. Mortgage Law Group, LLP (2016) wiwd “Although it cites a general provision in the Consumer Protection Act related to the court’s power to grant legal or equitable relief, including restitution or disgorgement or compensation for unjust enrichment, 12 U.S.C. § 5565 (a), nothing in that provision requires that…”

Consumer Finance Protection Bureau v. Mortgage Law Group, LLP (2016) wiwd “” 12 U.S.C. § 5565 (a)(1). Among other things, relief may include restitution, disgorgement or compensation for unjust enrichment, civil money penalties and limits on the activities or functions of a person.”

Consumer Financial Protection Bureau v. Commonwealth Equity Group, LLC (2024) mad · cites it 5× “12 U.S.C. § 5565 (a)(1). The Bureau seeks consumer redress in the form of legal restitution or the refund of moneys for Defendants’ violations of the TSR and CFPA.”

Consumer Financial Protection Bureau v. Kaine Wen (2025) ca9 · cites it 5× “4 12 U.S.C. § 5565 (c)(2)(B); 12 C.F.R. § 1083.”

Show all 36 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.