Title 15, Commerce and TradeRelease 119-110
§1610 Effect on Other Laws
Title 15 › CHAPTER 41 — CONSUMER CREDIT PROTECTION › SUBCHAPTER I — CONSUMER CREDIT COST DISCLOSURE › Part A — General Provisions › § 1610
Summary
Federal rules do not cancel or change state rules about what must be disclosed in credit deals unless a state rule conflicts with the federal rule. The Bureau will decide if a conflict exists when it acts on its own or when a creditor, state, or other interested party asks. If the Bureau finds a state disclosure conflicts, creditors in that state may stop using the conflicting wording or form and will not be held liable under state law for doing so, even if the Bureau later changes that decision. The Bureau can also decide a state disclosure means basically the same as the federal one. If so, creditors may use the state disclosure instead of the federal one, except that the annual percentage rate and finance charge must always be shown the federal way, and some mortgage disclosures are not covered. Federal rules also do not change state laws about the types or amounts of charges people may impose, or make state rules apply to more people or transactions than they already do, except for certain mortgage rules. Showing the annual percentage rate under the federal rule cannot be used in court to prove the sale was a loan. Generally, these federal rules do not affect whether a contract is valid, except where other specific federal provisions say otherwise. Certain federal disclosure rules for credit and charge card applications and renewal notices do override state rules, but states may pass laws to enforce those federal requirements.
Full Legal Text
Title 15, §1610
Commerce and Trade, Source: USLM XML via OLRC
(a)Inconsistent provisions; procedures applicable for determination
(1)Except as provided in subsection (e), this part and parts B and C, do not annul, alter, or affect the laws of any State relating to the disclosure of information in connection with credit transactions, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. Upon its own motion or upon the request of any creditor, State, or other interested party which is submitted in accordance with procedures prescribed in regulations of the Bureau, the Bureau shall determine whether any such inconsistency exists. If the Bureau determines that a State-required disclosure is inconsistent, creditors located in that State may not make disclosures using the inconsistent term or form, and shall incur no liability under the law of that State for failure to use such term or form, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
(2)Upon its own motion or upon the request of any creditor, State, or other interested party which is submitted in accordance with procedures prescribed in regulations of the Bureau, the Bureau shall determine whether any disclosure required under the law of any State is substantially the same in meaning as a disclosure required under this subchapter. If the Bureau determines that a State-required disclosure is substantially the same in meaning as a disclosure required by this subchapter, then creditors located in that State may make such disclosure in compliance with such State law in lieu of the disclosure required by this subchapter, except that the annual percentage rate and finance charge shall be disclosed as required by section 1632 of this title, and such State-required disclosure may not be made in lieu of the disclosures applicable to certain mortgages under section 1639 of this title.
(b)State credit charge statutes
Except as provided in section 1639 of this title, this subchapter does not otherwise annul, alter or affect in any manner the meaning, scope or applicability of the laws of any State, including, but not limited to, laws relating to the types, amounts or rates of charges, or any element or elements of charges, permissible under such laws in connection with the extension or use of credit, nor does this subchapter extend the applicability of those laws to any class of persons or transactions to which they would not otherwise apply. The provisions of section 1639 of this title do not annul, alter, or affect the applicability of the laws of any State or exempt any person subject to the provisions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) of this title, except to the extent that those State laws are inconsistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency.
(c)Disclosure as evidence
In any action or proceeding in any court involving a consumer credit sale, the disclosure of the annual percentage rate as required under this subchapter in connection with that sale may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale.
(d)Contract or other obligations under State or Federal law
Except as specified in section 1635, 1640, and 1666e of this title, this subchapter and the regulations issued thereunder do not affect the validity or enforceability of any contract or obligation under State or Federal law.
(e)Certain credit and charge card application and solicitation disclosure provisions
The provisions of subsection (c) of section 1632 of this title and subsections (c), (d), (e), and (f) of section 1637 of this title shall supersede any provision of the law of any State relating to the disclosure of information in any credit or charge card application or solicitation which is subject to the requirements of section 1637(c) of this title or any renewal notice which is subject to the requirements of section 1637(d) of this title, except that any State may employ or establish State laws for the purpose of enforcing the requirements of such sections.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1602(aa) of this title, referred to in subsec. (b), was redesignated section 1602(bb) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.
Amendments
2010—Subsec. (a). Pub. L. 111–203 substituted “Bureau” for “Board” wherever appearing. 1994—Subsec. (a)(2). Pub. L. 103–325, § 152(e)(2)(B), which directed the amendment of par. (2) by inserting “, and such State-required disclosure may not be made in lieu of the disclosures applicable to certain mortgages under section 1639 of this title” before period, was executed by making the insertion before period at end of par. (2), to reflect the probable intent of Congress. Subsec. (b). Pub. L. 103–325, § 152(e)(2)(C), substituted “Except as provided in section 1639 of this title, this subchapter” for “This subchapter” and inserted at end “The provisions of section 1639 of this title do not annul, alter, or affect the applicability of the laws of any State or exempt any person subject to the provisions of section 1639 of this title from complying with the laws of any State, with respect to the requirements for mortgages referred to in section 1602(aa) of this title, except to the extent that those State laws are inconsistent with any provisions of section 1639 of this title, and then only to the extent of the inconsistency.” 1988—Subsec. (a)(1). Pub. L. 100–583, § 4(1), substituted “Except as provided in subsection (e), this part” for “This part”. Subsec. (e). Pub. L. 100–583, § 4(2), added subsec. (e). 1980—Subsec. (a). Pub. L. 96–221 designated existing provisions as par. (1), substituted provisions respecting the effect of this part and parts B and C of this subchapter, and procedures applicable for determination, for provisions respecting the effect of this subchapter, and added par. (2). 1974—Subsec. (d). Pub. L. 93–495 inserted reference to section 1666e of this title.
Statutory Notes and Related Subsidiaries
Effective 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.
Effective Date
of 1980 AmendmentAmendment 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.
Effective Date
of 1974 AmendmentFor
Effective Date
of amendment by Pub. L. 93–495, see section 308 of Pub. L. 93–495, set out as an
Effective Date
note under section 1666 of this title.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1610
Title 15, Commerce and Trade
Last Updated
Sep 23, 2026
Release point: 119-110