§1665d — Title 15 Commerce and Trade | U.S. Code

Summary

Card issuers must only charge penalty fees that are fair and that match the size of the mistake or rule broken on a credit card account, such as late fees or over‑limit fees. The Bureau must write final rules within 9 months after May 22, 2009, working with the Comptroller of the Currency, the FDIC Board, the Director of the Office of Thrift Supervision, and the NCUA Board. The rules will say how to judge if a fee is fair by looking at the creditor’s cost, whether the fee stops bad behavior, the cardholder’s conduct, and other needed factors. The Bureau can set different rules for different fee types and may set amounts that are presumed fair. Subsection (a) takes effect 15 months after May 22, 2009.

Title 15, §1665d

Commerce and Trade — Source: USLM XML via OLRC

(a)The amount of any penalty fee or charge that a card issuer may impose with respect to a credit card account under an open end consumer credit plan in connection with any omission with respect to, or violation of, the cardholder agreement, including any late payment fee, over-the-limit fee, or any other penalty fee or charge, shall be reasonable and proportional to such omission or violation.

(b)The Bureau, in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit Union Administration Board, shall issue final rules not later than 9 months after May 22, 2009, to establish standards for assessing whether the amount of any penalty fee or charge described under subsection (a) is reasonable and proportional to the omission or violation to which the fee or charge relates. Subsection (a) shall become effective 15 months after May 22, 2009.

(c)In issuing rules required by this section, the Bureau shall consider—

(1)the cost incurred by the creditor from such omission or violation;

(2)the deterrence of such omission or violation by the cardholder;

(3)the conduct of the cardholder; and

(4)such other factors as the Bureau may deem necessary or appropriate.

(d)In issuing rules required by this subsection, the Bureau may establish different standards for different types of fees and charges, as appropriate.

(e)The Bureau, in consultation with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the National Credit Union Administration Board, may issue rules to provide an amount for any penalty fee or charge described under subsection (a) that is presumed to be reasonable and proportional to the omission or violation to which the fee or charge relates.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsecs. (b) to (e). Pub. L. 111–203, § 1100A(2), which directed amendment of this section by substituting “Bureau” for “Board” wherever appearing, was executed by making the substitution for “Board” the first time appearing in subsecs. (b) and (e), and wherever appearing in subsecs. (c) and (d), to reflect the probable intent of Congress.

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

Section effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an

Effective Date

of 2009 Amendment note under section 1602 of this title.

§1665d Reasonable Penalty Fees on Open End Consumer Credit Plans

Summary

Title 15, §1665d

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata