15 U.S.C. § 1691e

Civil liability

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(a) Individual or class action for actual damages

Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.

(b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award

Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.

Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter.

(d) Recovery of costs and attorney fees

In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection.

(e) Good faith compliance with rule, regulation, or interpretation of Bureau or interpretation or approval by an official or employee of Bureau of Consumer Financial Protection duly authorized by Bureau

No provision of this subchapter imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Bureau of Consumer Financial Protection duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

(f) Jurisdiction of courts; time for maintenance of action; exceptionsAny action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than 5 years after the date of the occurrence of the violation, except that—(1) whenever any agency having responsibility for administrative enforcement under section 1691c of this title commences an enforcement proceeding within 5 years after the date of the occurrence of the violation,(2) whenever the Attorney General commences a civil action under this section within 5 years after the date of the occurrence of the violation,then any applicant who has been a victim of the discrimination which is the subject of such proceeding or civil action may bring an action under this section not later than one year after the commencement of that proceeding or action.(g) Request by responsible enforcement agency to Attorney General for civil action

The agencies having responsibility for administrative enforcement under section 1691c of this title, if unable to obtain compliance with section 1691 of this title, are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. Each agency referred to in paragraphs (1), (2), and (9) of section 1691c(a) of this title shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of section 1691(a) of this title. Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated section 1691(a) of this title.

(h) Authority for Attorney General to bring civil action; jurisdiction

When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this subchapter, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including actual and punitive damages and injunctive relief.

(i) Recovery under both subchapter and fair housing enforcement provisions prohibited for violation based on same transaction

No person aggrieved by a violation of this subchapter and by a violation of section 3605 of title 42 shall recover under this subchapter and section 3612 11 See References in Text note below. of title 42, if such violation is based on the same transaction.

(j) Discovery of creditor’s granting standards

Nothing in this subchapter shall be construed to prohibit the discovery of a creditor’s credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought.

(k) Notice to HUD of violationsWhenever an agency referred to in paragraph (1), (2), or (3) ¹ of section 1691c(a) of this title—(1) has reason to believe, as a result of receiving a consumer complaint, conducting a consumer compliance examination, or otherwise, that a violation of this subchapter has occurred;(2) has reason to believe that the alleged violation would be a violation of the Fair Housing Act [42 U.S.C. 3601 et seq.]; and(3) does not refer the matter to the Attorney General pursuant to subsection (g),the agency shall notify the Secretary of Housing and Urban Development of the violation, and shall notify the applicant that the Secretary of Housing and Urban Development has been notified of the alleged violation and that remedies for the violation may be available under the Fair Housing Act.(Pub. L. 90–321, title VII, § 706, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1524; amended Pub. L. 94–239, § 6, Mar. 23, 1976, 90 Stat. 253; Pub. L. 102–242, title II, § 223(a)–(c), Dec. 19, 1991, 105 Stat. 2306; Pub. L. 111–203, title X, § 1085(1), (5)–(7), July 21, 2010, 124 Stat. 2083, 2085.)Editorial NotesReferences in Text

Section 3612 of title 42, referred to in subsec. (i), which related to enforcement of the Fair Housing Act (42 U.S.C. 3601 et seq.) by private persons, was repealed by Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1625. See section 3613 of Title 42, The Public Health and Welfare.

Paragraph (1), (2), or (3) of section 1691c(a) of this title, referred to in subsec. (k), probably means par. (1), (2), or (3) of section 1691c(a) of this title prior to repeal of pars. (1) and (2), enactment of new pars. (1) and (9), and redesignation of par. (3) as (2) by Pub. L. 111–203, title X, § 1085(4)(A)(ii)–(vi), July 21, 2010, 124 Stat. 2084.

The Fair Housing Act, referred to in subsec. (k), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.

Amendments

2010—Subsec. (e). Pub. L. 111–203, § 1085(5)(B), substituted “Bureau of Consumer Financial Protection” for “Federal Reserve System” in text.

Pub. L. 111–203, § 1085(5)(A), which directed amendment of “subsection heading” by substituting “Bureau” for “Board” wherever appearing and “Bureau of Consumer Financial Protection” for “Federal Reserve System”, was executed by making the substitutions in heading that had been supplied editorially, to reflect the probable intent of Congress.

Pub. L. 111–203, § 1085(1), substituted “Bureau” for “Board” wherever appearing.

Subsec. (f). Pub. L. 111–203, § 1085(7), substituted “5 years after” for “two years from” wherever appearing.

Subsec. (g). Pub. L. 111–203, § 1085(6), substituted “(9)” for “(3)”.

1991—Subsec. (g). Pub. L. 102–242, § 223(a), inserted at end “Each agency referred to in paragraphs (1), (2), and (3) of section 1691c(a) of this title shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of section 1691(a) of this title. Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated section 1691(a) of this title.”

Subsec. (h). Pub. L. 102–242, § 223(b), inserted “actual and punitive damages and” after “be appropriate, including”.

Subsec. (k). Pub. L. 102–242, § 223(c), added subsec. (k).

1976—Subsec. (a). Pub. L. 94–239 substituted reference to member for reference to representative.

Subsec. (b). Pub. L. 94–239 inserted provisions exempting government or governmental subdivision or agency from requirements of this subchapter, incorporated provisions contained in former subsec. (c) relating to recovery in class actions and, as incorporated, raised the total amount of recovery under a class action from $100,000 to $500,000.

Subsec. (c). Pub. L. 94–239 redesignated subsec. (d) as (c) and specified United States district court or other court of competent jurisdiction as court in which to bring action, and substituted provisions authorizing such court to grant equitable and declaratory relief, for provisions authorizing civil actions for preventive relief. Provisions of former subsec. (c) were incorporated into present subsec. (b) and amended.

Subsec. (d). Pub. L. 94–239 redesignated subsec. (e) as (d) and made minor changes in phraseology. Former subsec. (d) redesignated (c) and amended.

Subsec. (e). Pub. L. 94–239 redesignated subsec. (f) as (e) and inserted reference to officially promulgated rule, regulation, or interpretation and provisions relating to approval and interpretations by an official or employee of the Federal Reserve System duly authorized by the Board. Former subsec. (e) redesignated (d) and amended.

Subsec. (f). Pub. L. 94–239 redesignated subsec. (g) as (f) and inserted provisions which substituted a two year limitation for one year limitation and provisions extending time in which to bring action under enumerated conditions. Former subsec. (f) redesignated (e) and amended.

Subsecs. (g) to (j). Pub. L. 94–239 added subsecs. (g) to (j). Former subsec. (g) redesignated (f) and amended.

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 1976 Amendment

Amendment by Pub. L. 94–239 effective Mar. 23, 1976, see section 708 of Pub. L. 90–321, set out as an Effective Date note under section 1691 of this title.

Notes of Decisions

Cited in 294 cases (32 in the last 5 years), 1977–2026 · leading case: Integra Bank/Pittsburgh v. Freeman, 839 F. Supp. 326 (E.D. Pa. 1993).

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Integra Bank/Pittsburgh v. Freeman, 839 F. Supp. 326 (E.D. Pa. 1993). · cites it 9× “Thus, the set of claims cognizable by way of recoupment is a limited one that excludes many of the “actual damages” available under 15 U.S.C. § 1691e 7 —such as humiliation, embarrassment, mental anguish and injury to credit and reputation—which are not defenses to liability on…”

Patsy Anderson v. United Fin. Co., 666 F.2d 1274 (9th Cir. 1982). · cites it 6× “15 U.S.C. § 1691e (1976). The ECOA provides for three forms of relief which are pertinent here: (1) actual damages, (2) punitive damages, and (3) attorneys fees.”

RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, 754 F.3d 380 (6th Cir. 2014). · cites it 4× “See 15 U.S.C. § 1691e. But only “applicants” have the ability to sue for ECOA violations.”

Artis v. Dist. of Columbia, 138 S. Ct. 594 (2018). “15 U. S. C. §1691e(f ). Where a 10 ARTIS v.”

Jeetendra Bhandari v. First Nat'l Bank of Com., 808 F.2d 1082 (1st Cir. 1987). · cites it 7× “who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000____” 15 U.S.C. § 1691e(b) (emphasis added). The statute sets our various factors to be considered in…”

Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999). · cites it 4× “Moreover, while ECOA authorizes the Court to “grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this sub-chapter,” 15 U.S.C. § 1691e(c), in employing its broad equitable powers the Court must exercise “the least possible power…”

Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “1524 , 15 U. S. C. § 1691e(d). 17. Consumer Credit Protection Act, 91 Stat.”

Boeing Co. v. Van Gemert, 444 U.S. 472 (1980). · cites it 2× “§ 552 (a) (4) (E) (permitting award of attorney's fees in actions brought under Freedom of Information Act); 15 U. S. C. § 1691e (d) (suits under Equal Credit Opportunity Act); 42 U.”

Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017). · cites it 2× “15 U.S.C. § 1691e. The statute provides no cause of action for an “aggrieved prospective applicant.”

Charlotte Mays v. Buckeye Rural Elec. Coop., Inc. & Frederick B. Parker, 277 F.3d 873 (6th Cir. 2002). · cites it 3× “The magistrate judge reasoned summary judgment was proper because: (1) the regulations Plaintiff relied upon for the ECOA claims exempted Defendants from compliance; (2) Plaintiff could not assert claims arising out of signing an electricity service application in 1987 because…”

Pitchford v. AmSouth Bank, 285 F. Supp. 2d 1286 (M.D. Ala. 2003). · cites it 8× “Arbitration Agreement that Precludes Class Actions Plaintiff contends that the arbitration agreement’s restriction on class actions defeats the purpose of the ECOA.”

Garcia, Guadalupe L. v. Johanns, Michael, 444 F.3d 625 (D.C. Cir. 2006). · cites it 2× “§ 1691e(a), who "discriminate[s] against any applicant, with respect to any aspect of a credit transaction” “on the basis of race, color, religion, national origin, sex or marital status, or age” or “because the applicant has in good faith exercised any right under this chapter.”

Show all 294 citing cases →

— 15 U.S.C. § 1691e(a) — 63 cases

Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017). “15 U.S.C. § 1691e. The statute provides no cause of action for an “aggrieved prospective applicant.”

Valerie Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937 (8th Cir. 2014).

Marietta Taylor v. Fed. Nat'l Mortg. Ass'n, Waterfield Mortg. Co., & Burke, Costanza & Cuppy, LLP, 374 F.3d 529 (7th Cir. 2004).

Rachel Reeb v. Ohio Dep't of Rehab. & Corr., Belmont Corr. Inst., 435 F.3d 639 (6th Cir. 2006).

Garcia, Guadalupe L. v. Johanns, Michael, 444 F.3d 625 (D.C. Cir. 2006). “§ 1691e(a), who "discriminate[s] against any applicant, with respect to any aspect of a credit transaction” “on the basis of race, color, religion, national origin, sex or marital status, or age” or “because the applicant has in good faith exercised any right under this chapter.”

— 15 U.S.C. § 1691e(b) — 30 cases

Conrad L. Hoever v. R. Marks, 993 F.3d 1353 (11th Cir. 2021).

Patsy Anderson v. United Fin. Co., 666 F.2d 1274 (9th Cir. 1982). “15 U.S.C. § 1691e (1976). The ECOA provides for three forms of relief which are pertinent here: (1) actual damages, (2) punitive damages, and (3) attorneys fees.”

Orange Blossom Ltd. P'ship v. S. California Sunbelt Developers, Inc. (In Re S. California Sunbelt Developers, Inc.), 608 F.3d 456 (9th Cir. 2010).

Ricci v. Key Bancshares of Maine, Inc., 662 F. Supp. 1132 (D. Me. 1987).

Jeetendra Bhandari v. First Nat'l Bank of Com., 808 F.2d 1082 (1st Cir. 1987). “who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000____” 15 U.S.C. § 1691e(b) (emphasis added). The statute sets our various factors to be considered in…”

— 15 U.S.C. § 1691e(c) — 33 cases

RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, 754 F.3d 380 (6th Cir. 2014). “See 15 U.S.C. § 1691e. But only “applicants” have the ability to sue for ECOA violations.”

SeTara Tyson v. Sterling Rental, 836 F.3d 571 (6th Cir. 2016).

Integra Bank/Pittsburgh v. Freeman, 839 F. Supp. 326 (E.D. Pa. 1993). “Thus, the set of claims cognizable by way of recoupment is a limited one that excludes many of the “actual damages” available under 15 U.S.C. § 1691e 7 —such as humiliation, embarrassment, mental anguish and injury to credit and reputation—which are not defenses to liability on…”

Sw. Pennsylvania Reg'l Council, Inc. v. Gentile, 776 A.2d 276 (Pa. Super. Ct. 2001).

Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999). “Moreover, while ECOA authorizes the Court to “grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this sub-chapter,” 15 U.S.C. § 1691e(c), in employing its broad equitable powers the Court must exercise “the least possible power…”

— 15 U.S.C. § 1691e(d) — 46 cases

Marek v. Chesny, 473 U.S. 1 (1985). “1524 , 15 U. S. C. § 1691e(d). 17. Consumer Credit Protection Act, 91 Stat.”

Pitchford v. AmSouth Bank, 285 F. Supp. 2d 1286 (M.D. Ala. 2003). “Arbitration Agreement that Precludes Class Actions Plaintiff contends that the arbitration agreement’s restriction on class actions defeats the purpose of the ECOA.”

— 15 U.S.C. § 1691e(e) — 11 cases

Terry S. Fischl v. Gen. Motors Acceptance Corp., 708 F.2d 143 (5th Cir. 1983).

Bros. v. First Leasing, 724 F.2d 789 (9th Cir. 1984).

Boone Nat'l Sav. & Loan Ass'n, F.A. v. Crouch, 47 S.W.3d 371 (Mo. 2001).

Wigod v. PNC Bank, N.A., 338 F. Supp. 3d 758 (E.D. Ill. 2018).

— 15 U.S.C. § 1691e(f) — 129 cases

Charlotte Mays v. Buckeye Rural Elec. Coop., Inc. & Frederick B. Parker, 277 F.3d 873 (6th Cir. 2002). “The magistrate judge reasoned summary judgment was proper because: (1) the regulations Plaintiff relied upon for the ECOA claims exempted Defendants from compliance; (2) Plaintiff could not assert claims arising out of signing an electricity service application in 1987 because…”

Chardon v. Fumero Soto, 462 U.S. 650 (1983).

Jean Robert Saint-Jean v. Emigrant Mortg. Co., Inc., 129 F.4th 124 (2d Cir. 2025).

Williams v. Conner, 522 F. Supp. 2d 92 (D.D.C. 2007).

Claybrooks v. Primus Auto. Fin. Servs., Inc., 363 F. Supp. 2d 969 (M.D. Tenn. 2005).

— 15 U.S.C. § 1691e(f)(2010) — 1 case

Colquitt v. Mfrs. & Traders Trust Co., 144 F. Supp. 3d 1219 (D. Or. 2015).

— 15 U.S.C. § 1691e(g) — 4 cases

CFPB v. Townstone Fin., Inc., 107 F.4th 768 (7th Cir. 2024).

Patton v. Wells Fargo Fin. Maryland, Inc., 85 A.3d 167 (Md. 2014).

United States v. Itt Consum. Fin. Corp., & Aetna Fin. Co., Delaware Corporations, 816 F.2d 487 (9th Cir. 1987).

United States v. Landmark Fin. Servs., Inc., 612 F. Supp. 623 (D. Maryland 1985).

— 15 U.S.C. § 1691e(h) — 7 cases

United States v. Beneficial Corp., 492 F. Supp. 682 (D.N.J. 1980).

Navajo Nation v. Wells Fargo & Co., 344 F. Supp. 3d 1292 (D.N.M. 2018).

United States v. Itt Consum. Fin. Corp., & Aetna Fin. Co., Delaware Corporations, 816 F.2d 487 (9th Cir. 1987).

Garcia v. Veneman, 224 F.R.D. 8 (D.D.C. 2004).

United States v. Landmark Fin. Servs., Inc., 612 F. Supp. 623 (D. Maryland 1985).

— 15 U.S.C. § 1691e(i) — 5 cases

Barrett v. H & R Block, Inc., 652 F. Supp. 2d 104 (D. Mass. 2009).

Ware v. Indymac Bank, FSB, 534 F. Supp. 2d 835 (N.D. Ill. 2008).

Cooley v. Sterling Bank, 280 F. Supp. 2d 1331 (M.D. Ala. 2003).

Taylor v. Accredited Home Lenders, Inc., 580 F. Supp. 2d 1062 (S.D. Cal. 2008).

Nat'l Ass'n for the Advancement of Colored People (NAACP) v. Ameriquest Mortg. Co., 635 F. Supp. 2d 1096 (C.D. Cal. 2009).

— 15 U.S.C. § 1691e(k) — 1 case

Jones v. Off. of Comptroller of Currency, 983 F. Supp. 197 (D.D.C. 1997).

— 15 U.S.C. § 1691e(ll) — 1 case

Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez), 218 B.R. 764 (Bankr. E.D. Pa. 1998).

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