U.S. Code » Title 15 » Chapter CHAPTER 41— CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER I— CONSUMER CREDIT COST DISCLOSURE › Part Part E— Consumer Leases

15 U.S.C. § 1667d

Civil liability of lessors

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(a) Grounds for maintenance of action

Any lessor who fails to comply with any requirement imposed under section 1667a or 1667b of this title with respect to any person is liable to such person as provided in section 1640 of this title.

(b) Additional grounds for maintenance of action; “creditor” defined

Any lessor who fails to comply with any requirement imposed under section 1667c of this title with respect to any person who suffers actual damage from the violation is liable to such person as provided in section 1640 of this title. For the purposes of this section, the term “creditor” as used in sections 1640 and 1641 of this title shall include a lessor as defined in this part.

(c) Jurisdiction of courts; time limitation

Notwithstanding section 1640(e) of this title, any action under this section may be brought in any United States district court or in any other court of competent jurisdiction. Such actions alleging a failure to disclose or otherwise comply with the requirements of this part shall be brought within one year of the termination of the lease agreement.

(Pub. L. 90–321, title I, § 185, as added Pub. L. 94–240, § 3, Mar. 23, 1976, 90 Stat. 260; amended Pub. L. 96–221, title VI, § 624, Mar. 31, 1980, 94 Stat. 185.)Editorial NotesAmendments

1980—Subsec. (b). Pub. L. 96–221 struck out applicability of section 1614 of this title to term “creditor”.

Statutory Notes and Related SubsidiariesEffective 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 19 cases (1 in the last 5 years), 1992–2021 · leading case: Jarvis v. South Oak Dodge, Inc., 773 N.E.2d 641 (Ill. 2002).
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Jarvis v. South Oak Dodge, Inc., 773 N.E.2d 641 (Ill. 2002). · cites it 2× “For the purpose of this section, a violation apparent on the face of the disclosure statement includes, but is not limited to (1) a disclosure which can be determined to be incomplete or inaccurate from the face of the disclosure statement or other documents assigned, or (2) a…”
Valencia Carmichael v. Nissan Motor Acceptance, 291 F.3d 1278 (11th Cir. 2002). · cites it 3× “See 15 U.S.C. § 1667d(a) (lessor is liable as provided in section 1640 of this title); Gaydos v.”
Nancy R. Murray, Plaintiff-Petitioner v. Gmac Mortg. Corp., Doing Bus. as ditech.com, Defendant-Respondent, 434 F.3d 948 (7th Cir. 2006). “§ 1640 (a)(2)(B) (substituting “creditor” for “debt collector”).”
Pettola v. Nissan Motor Acceptance Corp., 44 F. Supp. 2d 442 (D. Conn. 1999). · cites it 4× “, NMAC asks this Court to dismiss the complaint on the grounds that plaintiffs action is barred by the applicable statute of limitations, 15 U.S.C. § 1667d(c), and that the CLA does not apply because the “total contractual obligation” under the Lease was in excess of $25,000.”
Cox v. Porsche Fin. Servs., Inc., 342 F. Supp. 3d 1271 (S.D. Fla. 2018). · cites it 2× “Liability for violating the CLA attaches to any lessor "who fails to comply with any requirement imposed under section 1667c of this title with respect to any person who suffers actual damage from the violation is liable to such person as provided in section 1640 of this title.”
Simon v. World Omni Leasing, Inc., 146 F.R.D. 197 (S.D. Ala. 1992). · cites it 2× “Jurisdiction has been in *199 voked in this Court under the provisions of 15 U.S.C. § 1667d. Oral argument was heard on September 30, 1992.”
Adams v. Trust Co. Bank, 426 S.E.2d 36 (Ga. Ct. App. 1992). · cites it 2× “Voiding the contract as a penalty for a Consumer Leasing Act violation is not a remedy included within the federal statutory scheme, 15 USC §§ 1667d (a), 1640 (a); therefore, the inconsistent state law remedy applied in Curry was preempted by federal law.”
Mace v. Van Ru Credit Corp., 109 F.3d 338 (7th Cir. 1997). “§ 1693m(a)(2)(B) (substituting “person” for “creditor”); Consumer Leasing Act, 15 U.S.C. § 1667d (incorporating 15 U.S.C.”
Gaydos v. Huntington Nat'l Bank, 941 F. Supp. 669 (N.D. Ohio 1996). “15 U.S.C. § 1667d(a) (“Any lessor who fails to comply with any requirement imposed under section 1667a or 1667b of this title .”
Kennedy v. BMW Fin. Servs., N.A., 363 F. Supp. 2d 110 (D. Conn. 2005). · cites it 2× “See 15 U.S.C. § 1667d; 15 U.S.C. § 1640 . In passing the CLA, Congress also delegated to the Federal Reserve Board authority “to issue regulations ‘to update and clarify the requirements and definitions applicable to lease disclosures’ ” and to publish “model disclosure forms to…”
Kedziora v. Citicorp Nat'l Servs., Inc., 901 F. Supp. 1321 (N.D. Ill. 1995). “15 U.S.C. § 1667d. TILA section 1640 provides for an award of actual damages (if any) and statutory damages which “shall not be more than the lesser of $500,000 or 1 per centum of the net worth of the creditor.”
Kittrell v. RRR, L.L.C., 280 F. Supp. 2d 517 (E.D. Va. 2003). “In 15 U.S.C. § 1667d(c), Congress indicated that the term "creditor” as used in TILA includes a lessor.”
Show all 19 citing cases →
— 15 U.S.C. § 1667d(a) — 6 cases
Valencia Carmichael v. Nissan Motor Acceptance, 291 F.3d 1278 (11th Cir. 2002). “See 15 U.S.C. § 1667d(a) (lessor is liable as provided in section 1640 of this title); Gaydos v.”
Gaydos v. Huntington Nat'l Bank, 941 F. Supp. 669 (N.D. Ohio 1996). “15 U.S.C. § 1667d(a) (“Any lessor who fails to comply with any requirement imposed under section 1667a or 1667b of this title .”
Cox v. Porsche Fin. Servs., Inc., 342 F. Supp. 3d 1271 (S.D. Fla. 2018). “Liability for violating the CLA attaches to any lessor "who fails to comply with any requirement imposed under section 1667c of this title with respect to any person who suffers actual damage from the violation is liable to such person as provided in section 1640 of this title.”
Channell v. Citicorp Nat'l Servs., Inc., 89 F.3d 379 (7th Cir. 1996).
Carla C. Higginbotham v. Ford Motor Credit Co., 270 F. App'x 864 (11th Cir. 2008).
— 15 U.S.C. § 1667d(c) — 5 cases
Valencia Carmichael v. Nissan Motor Acceptance, 291 F.3d 1278 (11th Cir. 2002). “See 15 U.S.C. § 1667d(a) (lessor is liable as provided in section 1640 of this title); Gaydos v.”
Pettola v. Nissan Motor Acceptance Corp., 44 F. Supp. 2d 442 (D. Conn. 1999). “, NMAC asks this Court to dismiss the complaint on the grounds that plaintiffs action is barred by the applicable statute of limitations, 15 U.S.C. § 1667d(c), and that the CLA does not apply because the “total contractual obligation” under the Lease was in excess of $25,000.”
Simon v. World Omni Leasing, Inc., 146 F.R.D. 197 (S.D. Ala. 1992). “Jurisdiction has been in *199 voked in this Court under the provisions of 15 U.S.C. § 1667d. Oral argument was heard on September 30, 1992.”
Kittrell v. RRR, L.L.C., 280 F. Supp. 2d 517 (E.D. Va. 2003). “In 15 U.S.C. § 1667d(c), Congress indicated that the term "creditor” as used in TILA includes a lessor.”
Highsmith v. Chrysler Credit Corp., 150 B.R. 997 (N.D. Ill. 1993).
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