U.S. Code
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Title 15
» Chapter CHAPTER 94— PRIVACY › Subchapter SUBCHAPTER I— DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION
15 U.S.C. § 6804
Rulemaking
(a) Regulatory authority(1) Rulemaking(A) In generalExcept as provided in subparagraph (C), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title (and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.]), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.
(B) CFTCThe Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b–2 of title 7.
(C) Federal Trade Commission authorityNotwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph (A), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029(a) of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5519(a)].
(D) Rule of constructionNothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter.
(2) Coordination, consistency, and comparabilityEach of the agencies authorized under paragraph (1) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with 11 So in original. Probably should be “and, as appropriate, with”. representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.
(3) Procedures and deadlineSuch regulations shall be prescribed in accordance with applicable requirements of title 5.
(b) Authority to grant exceptionsThe regulations prescribed under subsection (a) may include such additional exceptions to subsections (a) through (d) of section 6802 of this title as are deemed consistent with the purposes of this subchapter.
(Pub. L. 106–102, title V, § 504, Nov. 12, 1999, 113 Stat. 1439; Pub. L. 111–203, title X, § 1093(3), July 21, 2010, 124 Stat. 2095.)Editorial NotesReferences in TextThis subchapter, referred to in subsecs. (a)(1) and (b), was in the original “this subtitle”, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables.
The Consumer Financial Protection Act of 2010, referred to in subsec. (a)(1)(A), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955. Subtitle B (§§ 1021–1029A) of the Act is classified generally to part B (§ 5511 et seq.) of subchapter V of chapter 53 of Title 12, Banks and Banking. For complete classification of subtitle B to the Code, see Tables.
Amendments2010—Subsec. (a)(1), (2). Pub. L. 111–203, § 1093(3)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which related, respectively, to rulemaking by the Federal banking agencies, the National Credit Union Administration, the Secretary of the Treasury, the Securities and Exchange Commission, and the Federal Trade Commission, and consultation and coordination among these agencies and authorities to assure consistency and comparability of regulations.
Subsec. (a)(3). Pub. L. 111–203, § 1093(3)(B), struck out “and shall be issued in final form not later than 6 months after November 12, 1999” after “title 5”.
Statutory Notes and Related SubsidiariesEffective Date of 2010 AmendmentAmendment 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.
Notes of Decisions
Trans Union LLC v. Fed. Trade Comm'n, 295 F.3d 42 (D.C. Cir. 2002).
· cites it 5× “15 U.S.C. § 6804 (a)(1). Section 6805(a) further provides for enforcement of both the GLBA and the regulations promulgated pursuant thereto “by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial…”
Pennsylvania State Univ. v. State Employees' Ret. Bd., 935 A.2d 530 (Pa. 2007).
· cites it 2× “15 U.S.C. § 6804 . In so doing, the Federal Trade Commission and the Securities and Exchange Commission have each promulgated identical regulations unequivocally stating: "[a]n individual is not your consumer solely because he or she is a participant or a beneficiary of an…”
New York State Bar Ass'n v. Fed. Trade Comm'n, 276 F. Supp. 2d 110 (D.D.C. 2003).
· cites it 3× “On March 1, 2000, pursuant to the FTC’s authority to promulgate regulations in accordance with the GLBA, see 15 U.S.C. § 6804 (a), the FTC published a Notice of Proposed Rulemak-ing in the Federal Register.”
Am. Bar Ass'n v. Fed. Trade Comm'n, 430 F.3d 457 (D.C. Cir. 2005).
“” 15 U.S.C. § 6804 (a)(1). The cited section, 6805, outlines the institutions and persons subject to the jurisdiction of “Federal functional regulators,” and in section 6805(a)(7) assigns enforcement “[ujnder the Federal Trade Commission Act .”
Contender Farms, L.L.P. v. United States Dep't of Agric., 779 F.3d 258 (5th Cir. 2015).
“at 459 (quoting 15 U.S.C. § 6804 (a)(1)). • The Federal Trade Commission subsequently asserted that it would apply the law “to regulate attorneys engaged in the practice of their profession,” and various bar associations brought suit.”
Fed. Trade Comm'n v. Ameridebt, Inc., 343 F. Supp. 2d 451 (D. Maryland 2004).
· cites it 2× “15 U.S.C. § 6804 (a)(1). 6 To that end, on May 24, 2000, the FTC issued a *457 final rule, denominated Privacy of Consumer Financial Information (the Rule), 16 C.”
Affinion Benefits Grp., LLC v. Econ-O-Check Corp., 784 F. Supp. 2d 855 (M.D. Tenn. 2011).
“Regulations implementing the GLBA were issued jointly by the by the Federal banking agencies (the Office of the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision) for banks and savings…”
Sec'y Labor v. Comm Trust Co (3rd Cir. 2007).
· cites it 2× “15 U.S.C. § 6804 (a)(1). Section 6805(7) provides that financial institutions like CTC, a state- chartered non-banking trust, are within the catch-all regulatory ambit of the FTC.”
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