15 U.S.C. § 1610

Effect on other laws

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(a) Inconsistent provisions; procedures applicable for determination(1) Except as provided in subsection (e), this part and parts B and C, do not annul, alter, or affect the laws of any State relating to the disclosure of information in connection with credit transactions, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. Upon its own motion or upon the request of any creditor, State, or other interested party which is submitted in accordance with procedures prescribed in regulations of the Bureau, the Bureau shall determine whether any such inconsistency exists. If the Bureau determines that a State-required disclosure is inconsistent, creditors located in that State may not make disclosures using the inconsistent term or form, and shall incur no liability under the law of that State for failure to use such term or form, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason.(2) Upon its own motion or upon the request of any creditor, State, or other interested party which is submitted in accordance with procedures prescribed in regulations of the Bureau, the Bureau shall determine whether any disclosure required under the law of any State is substantially the same in meaning as a disclosure required under this subchapter. If the Bureau determines that a State-required disclosure is substantially the same in meaning as a disclosure required by this subchapter, then creditors located in that State may make such disclosure in compliance with such State law in lieu of the disclosure required by this subchapter, except that the annual percentage rate and finance charge shall be disclosed as required by section 1632 of this title, and such State-required disclosure may not be made in lieu of the disclosures applicable to certain mortgages under section 1639 of this title.(b) State credit charge statutes

Except as provided in section 1639 of this title, this subchapter does not otherwise annul, alter or affect in any manner the meaning, scope or applicability of the laws of any State, including, but not limited to, laws relating to the types, amounts or rates of charges, or any element or elements of charges, permissible under such laws in connection with the extension or use of credit, nor does this subchapter extend the applicability of those laws to any class of persons or transactions to which they would not otherwise apply. The provisions of section 1639 of this title do not annul, alter, or affect the applicability of the laws of any State or exempt any person subject to the provisions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) 11 See References in Text note below. of this title, except to the extent that those State laws are inconsistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency.

In any action or proceeding in any court involving a consumer credit sale, the disclosure of the annual percentage rate as required under this subchapter in connection with that sale may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale.

(d) Contract or other obligations under State or Federal law

Except as specified in sections 1635, 1640, and 1666e of this title, this subchapter and the regulations issued thereunder do not affect the validity or enforceability of any contract or obligation under State or Federal law.

(e) Certain credit and charge card application and solicitation disclosure provisions

The provisions of subsection (c) of section 1632 of this title and subsections (c), (d), (e), and (f) of section 1637 of this title shall supersede any provision of the law of any State relating to the disclosure of information in any credit or charge card application or solicitation which is subject to the requirements of section 1637(c) of this title or any renewal notice which is subject to the requirements of section 1637(d) of this title, except that any State may employ or establish State laws for the purpose of enforcing the requirements of such sections.

(Pub. L. 90–321, title I, § 111, May 29, 1968, 82 Stat. 151; Pub. L. 93–495, title III, § 307(b), Oct. 28, 1974, 88 Stat. 1516; Pub. L. 96–221, title VI, § 609, Mar. 31, 1980, 94 Stat. 173; Pub. L. 100–583, § 4, Nov. 3, 1988, 102 Stat. 2967; Pub. L. 103–325, title I, § 152(e)(2)(B), (C), Sept. 23, 1994, 108 Stat. 2194; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.)Editorial NotesReferences in Text

Section 1602(aa) of this title, referred to in subsec. (b), was redesignated section 1602(bb) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

Amendments

2010—Subsec. (a). Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing.

1994—Subsec. (a)(2). Pub. L. 103–325, § 152(e)(2)(B), which directed the amendment of par. (2) by inserting “, and such State-required disclosure may not be made in lieu of the disclosures applicable to certain mortgages under section 1639 of this title” before period, was executed by making the insertion before period at end of par. (2), to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 103–325, § 152(e)(2)(C), substituted “Except as provided in section 1639 of this title, this subchapter” for “This subchapter” and inserted at end “The provisions of section 1639 of this title do not annul, alter, or affect the applicability of the laws of any State or exempt any person subject to the provisions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) of this title, except to the extent that those State laws are inconsistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency.”

1988—Subsec. (a)(1). Pub. L. 100–583, § 4(1), substituted “Except as provided in subsection (e), this part” for “This part”.

Subsec. (e). Pub. L. 100–583, § 4(2), added subsec. (e).

1980—Subsec. (a). Pub. L. 96–221 designated existing provisions as par. (1), substituted provisions respecting the effect of this part and parts B and C of this subchapter, and procedures applicable for determination, for provisions respecting the effect of this subchapter, and added par. (2).

1974—Subsec. (d). Pub. L. 93–495 inserted reference to section 1666e of this title.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title.

Effective Date of 1974 Amendment

For effective date of amendment by Pub. L. 93–495, see section 308 of Pub. L. 93–495, set out as an Effective Date note under section 1666 of this title.

Notes of Decisions

Cited in 113 cases (7 in the last 5 years), 1972–2025 · leading case: People v. Applied Card Sys., Inc., 894 N.E.2d 1 (NY 2008).

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People v. Applied Card Sys., Inc., 894 N.E.2d 1 (NY 2008). · cites it 9× “g to the disclosure of information in any credit or charge card application or solicitation which is subject to the requirements of section 1637 (c) of this title or any renewal notice which is subject to the requirements of section 1637 (d) of this title, except that any State…”

Jackson v. South Holland Dodge, Inc., 755 N.E.2d 462 (Ill. 2001). · cites it 4× “" See 15 U.S.C. § 1610 (a)(1) (1994). She then asserts that the "apparent on the face standard" of section 1641(a) of TILA does not preempt the "actual knowledge" standard.”

Silvas v. ETrade Mortg. Corp., 514 F.3d 1001 (9th Cir. 2008). · cites it 2× “15 U.S.C. § 1610 (b). TILA, however, does not trump HOLA and OTS regulations.”

Azar v. Prudential Ins. Co. of Am., 68 P.3d 909 (N.M. Ct. App. 2003). · cites it 2× “” 15 U.S.C. § 1610 (a)(1). The effect of this provision is that state disclosure laws that are inconsistent with TILA are preempted to the extent of any inconsistency; however, other state disclosure requirements are not affected.”

Pennsylvania Dep't of Banking v. NCAS of Delaware, LLC, 995 A.2d 422 (Pa. Commw. Ct. 2010). · cites it 4× “[10] Following the sequence of paragraphs, the appropriate paragraph would be 66.”

Williams v. Empire Funding Corp., 109 F. Supp. 2d 352 (E.D. Pa. 2000). · cites it 7× “” 15 U.S.C.A. § 1610 (a)(l)(1999). 13 A state law is inconsistent with TILA “if it requires a creditor to make disclosures or take actions that contradict the requirements of the federal law.”

Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011). · cites it 2× “15 U.S.C. § 1610 (b) provides that HOEPA “does not otherwise annul, alter or affect in any manner the meaning, scope or applicability of the laws of any State.”

Pennsylvania v. Navient Corp., 354 F. Supp. 3d 529 (M.D. Penn. 2018). · cites it 2× “28 (a)(1) ("A State law is inconsistent if it requires a creditor to make disclosures or take actions that contradict the requirements of the Federal law. A State law is contradictory if it requires the use of the same term to represent a different amount or a different meaning…”

Black v. Fin. Freedom Senior Funding Corp., 2001 Cal. Daily Op. Serv. 8676 (Cal. Ct. App. 2001). · cites it 2× “” ( 15 U.S.C. § 1610 (a)(1); see also 15 U.S.”

Peel v. BrooksAmerica Mortg. Corp., 788 F. Supp. 2d 1149 (C.D. Cal. 2011). · cites it 2× “Preemption RFC argues that any state law fraud claim is expressly preempted by the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1610 et seq. 1 (RFC Mot. at 19.”

Boschma v. Home Loan Ctr., Inc., 198 Cal. App. 4th 230 (Cal. Ct. App. 2011). “” ( 15 U.S.C. § 1610 (a)(1).) Thus, the existence of TELA does not necessarily preempt plaintiffs’ state law claims.”

Beaver v. Tarsadia Hotels, 29 F. Supp. 3d 1294 (S.D. Cal. 2014). · cites it 2× “15 U.S.C. § 1610 (b). The court held that a “savings clause” or “no preemption clause” only applies to TILA and does not preclude the preemptive effect of HOLA.”

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— 15 U.S.C. § 1610(a)(1) — 1 case

Heastie v. Cmty. Bank of Greater Peoria, 690 F. Supp. 716 (N.D. Ill. 1988).

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