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LegalText 15 U.S.C. § 1649 Certain limitations on liability us united_states_code code_section 15 COMMERCE AND TRADE 41 CONSUMER CREDIT PROTECTION 1649 15 U.S.C. § 1649 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s1649 data/legal/raw/us/code/title-15/usc15.xml dae5597fc042c16375e2fe8667270de6877db4975df5a613725d7c8833a02a38 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 382f8449ad2914c9e986ee9b6e863f29b8cdb8a279ca74f4a40e6d160de09c1c 2026-07-04 official
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15 U.S.C. § 1649 - Certain limitations on liability

Text

(a) Limitations on liability For any closed end consumer credit transaction that is secured by real property or a dwelling, that is subject to this subchapter, and that is consummated before September 30, 1995, a creditor or any assignee of a creditor shall have no civil, administrative, or criminal liability under this subchapter for, and a consumer shall have no extended rescission rights under section 1635(f) of this title with respect to—

(1) the creditors treatment, for disclosure purposes, of—

(A) taxes described in section 1605(d)(3) of this title;

(B) fees described in section 1605(e)(2) and (5) of this title;

(C) fees and amounts referred to in the 3rd sentence of section 1605(a) of this title; or

(D) borrower-paid mortgage broker fees referred to in section 1605(a)(6) of this title;

(2) the form of written notice used by the creditor to inform the obligor of the rights of the obligor under section 1635 of this title if the creditor provided the obligor with a properly dated form of written notice published and adopted by the Bureau or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice; or

(3) any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed—

(A) may be treated as accurate for purposes of this subchapter if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200;

(B) may, under section 1605(f)(2) of this title, be treated as accurate for purposes of section 1635 of this title; or

(C) is greater than the amount or percentage required to be disclosed under this subchapter.

(b) Exceptions Subsection (a) shall not apply to—

(1) any individual action or counterclaim brought under this subchapter which was filed before June 1, 1995;

(2) any class action brought under this subchapter for which a final order certifying a class was entered before January 1, 1995;

(3) the named individual plaintiffs in any class action brought under this subchapter which was filed before June 1, 1995; or

(4) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before June 1, 1995.

(Pub. L. 90321, title I, § 139, as added Pub. L. 10429, § 4(a), Sept. 30, 1995, 109 Stat. 273; amended Pub. L. 104208, div. A, title II, § 2107(a), Sept. 30, 1996, 110 Stat. 3009402; Pub. L. 111203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.)

Notes

Editorial Notes

Amendments2010—Subsec. (a)(2). Pub. L. 111203 substituted “Bureau” for “Board”. 1996—Subsec. (a). Pub. L. 104208 substituted “For any closed end consumer credit transaction that is secured by real property or a dwelling, that is subject to this subchapter, and” for “For any consumer credit transaction subject to this subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the designated transfer date, see section 1100H of Pub. L. 111203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1996 AmendmentPub. L. 104208, div. A, title II, § 2107(b), Sept. 30, 1996, 110 Stat. 3009402, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of September 30, 1995.”