§6105 — Title 15 Commerce and Trade | U.S. Code

Summary

The Federal Trade Commission must enforce this chapter using the same law and tools it uses under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), except where sections 6102(d), 6102(e), 6103, and 6104 say something different. If an activity is outside the FTC Act’s reach, this chapter does not affect it. The Commission must stop rule violations the same way, with the same powers, penalties, and protections as if the FTC Act were part of this chapter. The chapter does not cut down any other legal power the Commission already has. For consumer financial products or services covered by the Consumer Financial Protection Act, enforcement goes to the Bureau of Consumer Financial Protection under subtitle E of that Act (see 12 U.S.C. 5511 et seq. and 12 U.S.C. 5561 et seq.), subject to the listed section exceptions and subtitle B.

Title 15, §6105

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as otherwise provided in section 6102(d), 6102(e), 6103, and 6104 of this title, this chapter shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this chapter.

(b)The Commission shall prevent any person from violating a rule of the Commission under section 6102 of this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this chapter.

(c)Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law.

(d)Except as otherwise provided in section 6102(d), 6102(e), 6103, and 6104 of this title, and subject to subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.], this chapter shall be enforced by the Bureau of Consumer Financial Protection under subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], with respect to the offering or provision of a consumer financial product or service subject to that Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. This chapter, referred to in subsecs. (c) and (d), was in the original “this Act”, meaning Pub. L. 103–297, Aug. 16, 1994, 108 Stat. 1545, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 6101 of this title and Tables. The Consumer Financial Protection Act of 2010, referred to in subsec. (d), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955. Subtitles B (§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classified generally to parts B (§ 5511 et seq.) and E (§ 5561 et seq.), respectively, of subchapter V of chapter 53 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Tables.

Amendments

2010—Subsec. (d). Pub. L. 111–203 added subsec. (d).

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.

§6105 Administration and Applicability of Chapter