15 U.S.C. § 1612

Effect on government agencies

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(a) Consultation requirements respecting compliance of credit instruments issued to participating creditor

Any department or agency of the United States which administers a credit program in which it extends, insures, or guarantees consumer credit and in which it provides instruments to a creditor which contain any disclosures required by this subchapter shall, prior to the issuance or continued use of such instruments, consult with the Bureau to assure that such instruments comply with this subchapter.

(b) Inapplicability of Federal civil or criminal penalties to Federal, State, and local agencies

No civil or criminal penalty provided under this subchapter for any violation thereof may be imposed upon the United States or any department or agency thereof, or upon any State or political subdivision thereof, or any agency of any State or political subdivision.

(c) Inapplicability of Federal civil or criminal penalties to participating creditor where violating instrument issued by United States

A creditor participating in a credit program administered, insured, or guaranteed by any department or agency or the United States shall not be held liable for a civil or criminal penalty under this subchapter in any case in which the violation results from the use of an instrument required by any such department or agency.

(d) Applicability of State penalties to violations by participating creditor

A creditor participating in a credit program administered, insured, or guaranteed by any department or agency of the United States shall not be held liable for a civil or criminal penalty under the laws of any State (other than laws determined under section 1610 of this title to be inconsistent with this subchapter) for any technical or procedural failure, such as a failure to use a specific form, to make information available at a specific place on an instrument, or to use a specific typeface, as required by State law, which is caused by the use of an instrument required to be used by such department or agency.

(Pub. L. 90–321, title I, § 113, May 29, 1968, 82 Stat. 151; Pub. L. 96–221, title VI, § 622(a), Mar. 31, 1980, 94 Stat. 184; Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.)Editorial NotesAmendments

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

1980—Pub. L. 96–221 amended section generally, designating existing provisions as subsec. (b) and adding subsecs. (a), (c), and (d).

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.

Notes of Decisions

Cited in 22 cases (5 in the last 5 years), 1972–2023 · leading case: In Re Gillespie, 110 B.R. 742 (Bankr. E.D. Pa. 1990).

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In Re Gillespie, 110 B.R. 742 (Bankr. E.D. Pa. 1990). · cites it 7× “1987): the scope of 15 U.S.C. § 1612 (b), a provision of the federal Truth-in-Lending Act, 15 U.”

Caster v. United States (In Re Caster), 77 B.R. 8 (Bankr. E.D. Pa. 1987). · cites it 2× “Since 15 U.S.C. § 1612 appears to exempt the Defendant from civil liability and the Debtor has failed to prove the existence of any TILA violations, the Debt- or’s TILA claim must fail.”

Reginald Kirtz v. Trans Union LLC, 46 F.4th 159 (3rd Cir. 2022). “See 15 U.S.C § 1612(b); see Moore v. United States Dep’t.”

Frascatore v. Sec'y of Hous. & Urban Dev. (In Re Frascatore), 98 B.R. 710 (Bankr. E.D. Pa. 1989). · cites it 2× “Lomas also attempts to articulate a defense based upon 15 U.S.C. § 1612 (b), which exempts a governmental entity, such as HUD, from civil liability under the TILA.”

Werts v. Fed. Nat'l Mortg. Ass'n, 48 B.R. 980 (E.D. Pa. 1985). · cites it 2× “First, defendant points to 15 U.S.C. § 1612 (b) which states, “[n]o civil or criminal penalty provided under [the Truth in Lending Act] for any violation thereof may be imposed upon the United States or any agency thereof .”

Pinder v. Lomas & Nettleton Co. (In Re Pinder), 83 B.R. 905 (Bankr. E.D. Pa. 1988). · cites it 2× “15 U.S.C. § 1612 (b). The primary legal issue to be determined in this matter is whether a non-governmental assignee of an obligation can be liable for statutory damages under TILA when the Debtor could not recover against the original governmental assignor.”

Fed. Deposit Ins. v. Hughes Dev. Co., 684 F. Supp. 616 (D. Minnesota 1988). · cites it 2× “5 The FDIC asserts that the entire TILA is inapplicable to the FDIC because 15 U.S.C. § 1612 (b) creates a statutory exemption for governmental agencies.”

Shawnee Bank, Inc. v. Paige, 488 S.E.2d 20 (W. Va. 1997). · cites it 2× “The FNMA argued in defense that it was not subject to civil or criminal penalties for violating the Truth in Lending Act pursuant to 15 U.S.C. § 1612 (b) 11 because it was an agency of the *26 United States.”

Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978). “” 15 U.S.C. § 1612 . The FDIC acting in its corporate capacity is an agency of the federal government.”

United States v. Hemmons, 774 F. Supp. 346 (E.D. Pa. 1991). · cites it 2× “15 U.S.C. § 1612 (b). 2 See also In re Gillespie, 110 B.”

White v. Bloomberg, 345 F. Supp. 133 (D. Maryland 1972). “See 15 U.S.C. § 1612 . But see Knox Hill Tenant Council v.”

Fed. Deposit Ins. v. Monterrey, Inc., 847 F. Supp. 997 (D.P.R. 1994). “Aside from the failure of this defense to meet the requirements of § 1823, D’Oench and Langley, the FDIC, as an agency of the United States, is exempt from any civil or criminal penalties provided by the Truth In Lending Act (TILA), 15 U.S.C. § 1612 (b). Further, it is…”

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— 15 U.S.C. § 1612(b) — 1 case

Reginald Kirtz v. Trans Union LLC, 46 F.4th 159 (3rd Cir. 2022). “See 15 U.S.C § 1612(b); see Moore v. United States Dep’t.”

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