§7003 — Title 15 Commerce and Trade | U.S. Code

Summary

Says the general rule does not apply to certain contracts and records. That includes contracts controlled by laws about wills and testamentary trusts, family law matters like adoption and divorce, and most of the Uniform Commercial Code as adopted by states (but not sections 1–107 and 1–206 or Articles 2 and 2A). It also excludes court orders and official court papers, important consumer notices (for example, utility shutoffs; default, foreclosure, repossession, or eviction affecting a person’s primary home; cancellation of health or life insurance benefits but not annuities; and product recalls that risk safety), and documents needed to transport hazardous materials. The Secretary of Commerce must review these exceptions over a 3-year period and send a report to Congress within 3 years after June 30, 2000. A federal agency may, after public notice, a chance for comment, and publishing a finding, decide an exception is no longer needed and extend the general rule to that item if doing so will not increase the material risk of harm to consumers.

Title 15, §7003

Commerce and Trade — Source: USLM XML via OLRC

(a)The provisions of section 7001 of this title shall not apply to a contract or other record to the extent it is governed by—

(1)a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts;

(2)a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or

(3)the Uniform Commercial Code, as in effect in any State, other than section 1–107 and 1–206 and Articles 2 and 2A.

(b)The provisions of section 7001 of this title shall not apply to—

(1)court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;

(2)any notice of—

(A)the cancellation or termination of utility services (including water, heat, and power);

(B)default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;

(C)the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or

(D)recall of a product, or material failure of a product, that risks endangering health or safety; or

(3)any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

(c)(1)The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after June 30, 2000, the Assistant Secretary shall submit a report to the Congress on the results of such evaluation.

(2)If a Federal regulatory agency, with respect to matter within its jurisdiction, determines after notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of section 7001 of this title to the exceptions identified in such finding.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2000, with exceptions relating to record retention and certain loans, see section 107 of Pub. L. 106–229, set out as a note under section 7001 of this title.

§7003 Specific Exceptions

Summary

Title 15, §7003

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata