(a) The Federal Trade Commission
shall be authorized to enforce compliance with this title, except
to the extent that enforcement of the requirements imposed under this
title is specifically committed to another Government agency under
any of paragraphs (1) through (5) of subsection (b), subject to subtitle
B of the Consumer Financial Protection Act of 2010. For purpose of
the exercise by the Federal Trade Commission of its functions and
powers under the Federal Trade Commission Act (15 U.S.C. 41 et seq.),
a violation of this title shall be deemed an unfair or deceptive act
or practice in violation of that Act. All of the functions and powers
of the Federal Trade Commission under the Federal Trade Commission
Act are available to the Federal Trade Commission to enforce compliance
by any person with this title, irrespective of whether that person
is engaged in commerce or meets any other jurisdictional tests under
the Federal Trade Commission Act, including the power to enforce the
provisions of this title, in the same manner as if the violation had
been a violation of a Federal Trade Commission trade regulation rule.
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(b) Subject to subtitle B of the Consumer Financial Protection
Act of 2010, compliance with any requirements imposed under this title
shall be enforced under—
(1) section 8 of the Federal Deposit Insurance
Act, by the appropriate Federal banking agency, as defined in section
3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with
respect to—
(A) national banks, Federal savings
associations, and Federal branches and Federal agencies of foreign
banks;
(B) member
banks of the Federal Reserve System (other than national banks), branches
and agencies of foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks), commercial
lending companies owned or controlled by foreign banks, and organizations
operating under section 25 or 25A of the Federal Reserve Act; and
(C) banks and State
savings associations insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System), and insured State
branches of foreign banks;
(2) the Federal Credit Union Act, by the
Administrator of the National Credit Union Administration with respect
to any Federal credit union;
(3) the Acts to regulate commerce, by the
Secretary of Transportation, with respect to all carriers subject
to the jurisdiction of the Surface Transportation Board;
(4) the Federal Aviation Act
of 1958, by the Secretary of Transportation with respect to any air
carrier or any foreign air carrier subject to that Act;
(5) the Packers and Stockyards
Act, 1921 (except as provided in section 406 of that Act), by the
Secretary of Agriculture with respect to any activities subject to
that Act; and
(6) subtitle
E of the Consumer Financial Protection Act of 2010, by the Bureau,
with respect to any person subject to this title.
The terms used in paragraph (1) that are
not defined in this title or otherwise defined in section 3(s) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the
meaning given to them in section 1(b) of the International Banking
Act of 1978 (12 U.S.C. 3101).
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(c) For the purpose
of the exercise by any agency referred to in subsection (b) of its powers under
any Act referred to in that subsection, a violation of any requirement
imposed under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision
of law specifically referred to in subsection (b), each of the agencies
referred to in that subsection may exercise, for the purpose of enforcing
compliance with any requirement imposed under this title any other
authority conferred on it by law, except as provided in subsection
(d).
(d) Except as provided in section 1029(a)
of the Consumer Financial Protection Act of 2010, the Bureau may prescribe
rules with respect to the collection of debts by debt collectors,
as defined in this title.
[15 USC 1692l. As amended by acts of Oct. 3, 1984 (98 Stat. 1708); Aug. 9, 1989
(103 Stat. 440); Dec. 19, 1991 (105 Stat. 2301); Oct. 28, 1992 (106
Stat. 4082); Dec. 29, 1995 (109 Stat. 949); and July 21, 2010 (124
Stat. 2092, 2093).]
