source:
  type: regulation
  id: tila-12usc-1640
  authority: 15 U.S.C. §1640 — Civil liability
  description: 'TILA civil-liability section. Establishes [LENDER]''s exposure for

    any failure to comply with TILA part B (including §§1635, 1639,

    1639b, 1639c): actual damages, statutory damages (per the §1640(a)(2)

    schedule), and reasonable attorney''s fees. Also governs the §1640(b)

    error-correction safe harbor, the §1640(c) bona-fide-error defense,

    the §1640(e) one-year statute of limitations (3 years for §§1639,

    1639b, 1639c violations), and the §1640(f) good-faith-conformity

    safe harbor for actions taken in conformity with a Bureau rule,

    regulation, or interpretation.

    '
obligations:
- id: tila-12usc-1640-a
  canonical_id: tila-12usc-1640-a
  section: 15 U.S.C. §1640(a)
  description: '(a): (a) Individual or class action for damages; amount of award; factors determining
    amount of award Except as otherwise provided in this section, any creditor who fails to comply with
    any requirement imposed under this part, including any requirement under section 1635 of this title
    , subsection (f) or…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (a) Individual or class action for damages; amount of award; factors determining
      amount of award Except as otherwise provided in this section, any creditor who fails to comply with
      any requirement imposed under this part, including any requirement under section 1635 of this title
      , subsection (f) or (g) of section 1641 of this title , or part D or E of this subchapter with respect
      to any person is liable to such person in an amount equal to the sum of— (1) any actual damage sustained
      by such person as a result of the failure; (2) (A)
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-i
  canonical_id: tila-12usc-1640-i
  section: 15 U.S.C. §1640(i)
  description: '(i): (i) in the case of an individual action twice the amount of any finance charge in
    connection with the transaction, (ii) in the case of an individual action relating to a consumer lease
    under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease,
    except that…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (i) in the case of an individual action twice the amount of any finance charge in
      connection with the transaction, (ii) in the case of an individual action relating to a consumer
      lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under
      the lease, except that the liability under this subparagraph shall not be less than $200 nor greater
      than $2,000, (iii) in the case of an individual action relating to an open end consumer credit plan
      that is not secured by real property or a dwelling, twice the amount of any finance charge in connection
      with the transaction, with a minimum of $500 and a maximum of $5,000, or such higher amount as may
      be appropriate in the case of an established pattern or practice of such failures; [1] or (iv) in
      the case of an individual action relating to a credit transaction not under an open end credit plan
      that is secured by real property or a dwelling, not less than $400 or greater than $4,000; or (B)
      in the case of a class action, such amount as the court may allow, except that as to each member
      of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph
      in any class action or series of class actions arising out of the same failure to comply by the
      same creditor shall not be more than the lesser of $1,000,000 or 1 per centum of the net worth of
      the creditor ; (3) in the case of any successful action to enforce the foregoing liability or in
      any action in which a person is determined to have a right of rescission under section 1635 or 1638(e)(7)
      of this title, the costs of the action, together with a reasonable attorney’s fee as determined
      by the court; and (4) in the case of a failure to comply with any requirement under section 1639
      of this title , paragraph (1) or (2) of section 1639b(c) of this title , or section 1639c(a) of
      this title , an amount equal to the sum of all finance charges and fees paid by the consumer, unless
      the creditor demonstrates that the failure to comply is not material. In determining the amount
      of award in any class action, the court shall consider, among other relevant factors, the amount
      of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor
      , the resources of the creditor , the number of persons adversely affected, and the extent to which
      the creditor ’s failure of compliance was intentional. In connection with the disclosures referred
      to in subsections (a) and (b) of section 1637 of this title , a creditor shall have a liability
      determined under paragraph (2) only for failing to comply with the requirements of section 1635
      of this title , 1637(a) [2] of this title, or any of paragraphs (4) through (13) of section 1637(b)
      of this title , or for failing to comply with disclosure requirements under State law for any term
      or item that the Bureau has determined to be substantially the same in meaning under section 1610(a)(2)
      of this title as any of the terms or items referred to in section 1637(a) of this title , or any
      of paragraphs (4) through (13) of section 1637(b) of this title . In connection with the disclosures
      referred to in subsection (c) or (d) of section 1637 of this title , a card issuer shall have a
      liability under this section only to a cardholder who pays a fee described in section 1637(c)(1)(A)(ii)(I)
      or section 1637(c)(4)(A)(i) of this title or who uses the credit card or charge card. In connection
      with the disclosures referred to in section 1638 of this title , a creditor shall have a liability
      determined under paragraph (2) only for failing to comply with the requirements of section 1635
      of this title , of paragraph (2) (insofar as it requires a disclosure of the “amount financed”),
      (3), (4), (5), (6), or (9) of section 1638(a) of this title , or section 1638(b)(2)(C)(ii) of this
      title , of subparagraphs (A), (B), (D), (F), or (J) of section 1638(e)(2) of this title (for purposes
      of paragraph (2) or (4) of section 1638(e) of this title ), or paragraph (4)(C), (6), (7), or (8)
      of section 1638(e) of this title , or for failing to comply with disclosure requirements under State
      law for any term which the Bureau has determined to be substantially the same in meaning under section
      1610(a)(2) of this title as any of the terms referred to in any of those paragraphs of section 1638(a)
      of this title or section 1638(b)(2)(C)(ii) of this title . With respect to any failure to make disclosures
      required under this part or part D or E of this subchapter, liability shall be imposed only upon
      the creditor required to make disclosure, except as provided in section 1641 of this title .
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-b
  canonical_id: tila-12usc-1640-b
  section: 15 U.S.C. §1640(b)
  description: '(b): (b) Correction of errors A creditor or assignee has no liability under this section
    or section 1607 of this title or section 1611 of this title for any failure to comply with any requirement
    imposed under this part or part E, if within sixty days after discovering an error, whether pursuant
    to a fin…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (b) Correction of errors A creditor or assignee has no liability under this section
      or section 1607 of this title or section 1611 of this title for any failure to comply with any requirement
      imposed under this part or part E, if within sixty days after discovering an error, whether pursuant
      to a final written examination report or notice issued under section 1607(e)(1) of this title or
      through the creditor’ s or assignee’s own procedures, and prior to the institution of an action
      under this section or the receipt of written notice of the error from the obligor, the creditor
      or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate
      account are necessary to assure that the person will not be required to pay an amount in excess
      of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually
      disclosed, whichever is lower.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-c
  canonical_id: tila-12usc-1640-c
  section: 15 U.S.C. §1640(c)
  description: '(c): (c) Unintentional violations; bona fide errors A creditor or assignee may not be
    held liable in any action brought under this section or section 1635 of this title for a violation
    of this subchapter if the creditor or assignee shows by a preponderance of evidence that the violation
    was not intention…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (c) Unintentional violations; bona fide errors A creditor or assignee may not be
      held liable in any action brought under this section or section 1635 of this title for a violation
      of this subchapter if the creditor or assignee shows by a preponderance of evidence that the violation
      was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures
      reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited
      to, clerical, calculation, computer malfunction and programing, and printing errors, except that
      an error of legal judgment with respect to a person’s obligations under this subchapter is not a
      bona fide error.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-d
  canonical_id: tila-12usc-1640-d
  section: 15 U.S.C. §1640(d)
  description: '(d): (d) Liability in transaction or lease involving multiple obligors When there are
    multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than
    one recovery of damages under subsection (a)(2) for a violation of this subchapter.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (d) Liability in transaction or lease involving multiple obligors When there are
      multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than
      one recovery of damages under subsection (a)(2) for a violation of this subchapter.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-e
  canonical_id: tila-12usc-1640-e
  section: 15 U.S.C. §1640(e)
  description: '(e): (e) Jurisdiction of courts; limitations on actions; State attorney general enforcement
    Except as provided in the subsequent sentence, any action under this section may be brought in any
    United States district court, or in any other court of competent jurisdiction, within one year from
    the date of th…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (e) Jurisdiction of courts; limitations on actions; State attorney general enforcement
      Except as provided in the subsequent sentence, any action under this section may be brought in any
      United States district court, or in any other court of competent jurisdiction, within one year from
      the date of the occurrence of the violation or, in the case of a violation involving a private education
      loan (as that term is defined in section 1650(a) of this title ), 1 year from the date on which
      the first regular payment of principal is due under the loan. Any action under this section with
      respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United
      States district court, or in any other court of competent jurisdiction, before the end of the 3-year
      period beginning on the date of the occurrence of the violation. This subsection does not bar a
      person from asserting a violation of this subchapter in an action to collect the debt which was
      brought more than one year from the date of the occurrence of the violation as a matter of defense
      by recoupment or set-off in such action, except as otherwise provided by State law. An action to
      enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this
      title may also be brought by the appropriate State attorney general in any appropriate United States
      district court, or any other court of competent jurisdiction, not later than 3 years after the date
      on which the violation occurs. The State attorney general shall provide prior written notice of
      any such civil action to the Federal agency responsible for enforcement under section 1607 of this
      title and shall provide the agency with a copy of the complaint. If prior notice is not feasible,
      the State attorney general shall provide notice to such agency immediately upon instituting the
      action. The Federal agency may— (1) intervene in the action; (2) upon intervening— (A) remove the
      action to the appropriate United States district court, if it was not originally brought there;
      and (B) be heard on all matters arising in the action; and (3) file a petition for appeal.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-f
  canonical_id: tila-12usc-1640-f
  section: 15 U.S.C. §1640(f)
  description: '(f): (f) Good faith compliance with rule, regulation, or interpretation of Bureau or with
    interpretation or approval of duly authorized official or employee of Federal Reserve System No provision
    of this section, section 1607(b) of this title , section 1607(c) of this title , section 1607(e) of
    this titl…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (f) Good faith compliance with rule, regulation, or interpretation of Bureau or with
      interpretation or approval of duly authorized official or employee of Federal Reserve System No
      provision of this section, section 1607(b) of this title , section 1607(c) of this title , section
      1607(e) of this title , or section 1611 of this title imposing any liability shall apply to any
      act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof
      by the Bureau or in conformity with any interpretation or approval by an official or employee of
      the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals
      under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act
      or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded,
      or determined by judicial or other authority to be invalid for any reason.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-g
  canonical_id: tila-12usc-1640-g
  section: 15 U.S.C. §1640(g)
  description: '(g): (g) Recovery for multiple failures to disclose The multiple failure to disclose to
    any person any information required under this part or part D or E of this subchapter to be disclosed
    in connection with a single account under an open end consumer credit plan, other single consumer
    credit sale, cons…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (g) Recovery for multiple failures to disclose The multiple failure to disclose to
      any person any information required under this part or part D or E of this subchapter to be disclosed
      in connection with a single account under an open end consumer credit plan, other single consumer
      credit sale, consumer loan, consumer lease, or other extension of consumer credit, shall entitle
      the person to a single recovery under this section but continued failure to disclose after a recovery
      has been granted shall give rise to rights to additional recoveries. This subsection does not bar
      any remedy permitted by section 1635 of this title .
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-h
  canonical_id: tila-12usc-1640-h
  section: 15 U.S.C. §1640(h)
  description: '(h): (h) Offset from amount owed to creditor or assignee; rights of defaulting consumer
    A person may not take any action to offset any amount for which a creditor or assignee is potentially
    liable to such person under subsection (a)(2) against any amount owed by such person, unless the amount
    of the cred…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (h) Offset from amount owed to creditor or assignee; rights of defaulting consumer
      A person may not take any action to offset any amount for which a creditor or assignee is potentially
      liable to such person under subsection (a)(2) against any amount owed by such person, unless the
      amount of the creditor ’s or assignee’s liability under this subchapter has been determined by judgment
      of a court of competent jurisdiction in an action of which such person was a party. This subsection
      does not bar a consumer then in default on the obligation from asserting a violation of this subchapter
      as an original action, or as a defense or counterclaim to an action to collect amounts owed by the
      consumer brought by a person liable under this subchapter.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-i
  canonical_id: tila-12usc-1640-i
  section: 15 U.S.C. §1640(i)
  description: '(i): (i) Class action moratorium (1) In general During the period beginning on May 18,
    1995 , and ending on October 1, 1995 , no court may enter any order certifying any class in any action
    under this subchapter— (A) which is brought in connection with any credit transaction not under an
    open end credit …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (i) Class action moratorium (1) In general During the period beginning on May 18,
      1995 , and ending on October 1, 1995 , no court may enter any order certifying any class in any
      action under this subchapter— (A) which is brought in connection with any credit transaction not
      under an open end credit plan which is secured by a first lien on real property or a dwelling and
      constitutes a refinancing or consolidation of an existing extension of credit; and (B) which is
      based on the alleged failure of a creditor —
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-i
  canonical_id: tila-12usc-1640-i
  section: 15 U.S.C. §1640(i)
  description: '(i): (i) to include a charge actually incurred (in connection with the transaction) in
    the finance charge disclosed pursuant to section 1638 of this title ; (ii) to properly make any other
    disclosure required under section 1638 of this title as a result of the failure described in clause
    (i); or (iii) to…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (i) to include a charge actually incurred (in connection with the transaction) in
      the finance charge disclosed pursuant to section 1638 of this title ; (ii) to properly make any
      other disclosure required under section 1638 of this title as a result of the failure described
      in clause (i); or (iii) to provide proper notice of rescission rights under section 1635(a) of this
      title due to the selection by the creditor of the incorrect form from among the model forms prescribed
      by the Bureau or from among forms based on such model forms. (2) Exceptions for certain alleged
      violations Paragraph (1) shall not apply with respect to any action— (A) described in clause (i)
      or (ii) of paragraph (1)(B), if the amount disclosed as the finance charge results in an annual
      percentage rate that exceeds the tolerance provided in section 1606(c) of this title ; or (B) described
      in paragraph (1)(B)(iii), if—
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-i
  canonical_id: tila-12usc-1640-i
  section: 15 U.S.C. §1640(i)
  description: '(i): (i) no notice relating to rescission rights under section 1635(a) of this title was
    provided in any form; or (ii) proper notice was not provided for any reason other than the reason
    described in such paragraph.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (i) no notice relating to rescission rights under section 1635(a) of this title was
      provided in any form; or (ii) proper notice was not provided for any reason other than the reason
      described in such paragraph.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-j
  canonical_id: tila-12usc-1640-j
  section: 15 U.S.C. §1640(j)
  description: '(j): (j) Private educational lender A private educational lender (as that term is defined
    in section 1650(a) of this title ) has no liability under this section for failure to comply with
    section 1638(e)(3) of this title ). [3]'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (j) Private educational lender A private educational lender (as that term is defined
      in section 1650(a) of this title ) has no liability under this section for failure to comply with
      section 1638(e)(3) of this title ). [3]
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-k
  canonical_id: tila-12usc-1640-k
  section: 15 U.S.C. §1640(k)
  description: '(k): (k) Defense to foreclosure (1) In general Notwithstanding any other provision of
    law, when a creditor , assignee, or other holder of a residential mortgage loan or anyone acting on
    behalf of such creditor , assignee, or holder, initiates a judicial or nonjudicial foreclosure of
    the residential mortg…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (k) Defense to foreclosure (1) In general Notwithstanding any other provision of
      law, when a creditor , assignee, or other holder of a residential mortgage loan or anyone acting
      on behalf of such creditor , assignee, or holder, initiates a judicial or nonjudicial foreclosure
      of the residential mortgage loan, or any other action to collect the debt in connection with such
      loan, a consumer may assert a violation by a creditor of paragraph (1) or (2) of section 1639b(c)
      of this title , or of section 1639c(a) of this title , as a matter of defense by recoupment or set
      off without regard for the time limit on a private action for damages under subsection (e). (2)
      Amount of recoupment or setoff (A) In general The amount of recoupment or set-off under paragraph
      (1) shall equal the amount to which the consumer would be entitled under subsection (a) for damages
      for a valid claim brought in an original action against the creditor , plus the costs to the consumer
      of the action, including a reasonable attorney’s fee. (B) Special rule Where such judgment is rendered
      after the expiration of the applicable time limit on a private action for damages under subsection
      (e), the amount of recoupment or set-off under paragraph (1) derived from damages under subsection
      (a)(4) shall not exceed the amount to which the consumer would have been entitled under subsection
      (a)(4) for damages computed up to the day preceding the expiration of the applicable time limit.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: tila-12usc-1640-l
  canonical_id: tila-12usc-1640-l
  section: 15 U.S.C. §1640(l)
  description: '(l): (l) Exemption from liability and rescission in case of borrower fraud or deception
    In addition to any other remedy available by law or contract, no creditor or assignee shall be liable
    to an obligor under this section, if such obligor, or co-obligor has been convicted of obtaining by
    actual fraud su…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1640(a)
    source_class: tila-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1640
    snapshot_id: ecef246cd1ab40dc
    fetched_at: '2026-05-22T18:51:51Z'
    content_hash: sha256:6c922fe3469e5a12b4667f78dfb7195134133a5ba175a62ad28a8fd9bcc32894
    paragraph_quote: (l) Exemption from liability and rescission in case of borrower fraud or deception
      In addition to any other remedy available by law or contract, no creditor or assignee shall be liable
      to an obligor under this section, if such obligor, or co-obligor has been convicted of obtaining
      by actual fraud such residential mortgage loan. ( Pub. L. 90–321, title I, § 130 , May 29, 1968
      , 82 Stat. 157 ; Pub. L. 93–495, title IV , §§ 406, 407, 408(a)–(d), Oct. 28, 1974 , 88 Stat. 1518
      ; Pub. L. 94–222, § 3(b) , Feb. 27, 1976 , 90 Stat. 197 ; Pub. L. 94–240, § 4 , Mar. 23, 1976 ,
      90 Stat. 260 ; Pub. L. 96–221, title VI, § 615 , Mar. 31, 1980 , 94 Stat. 180 ; Pub. L. 100–583,
      § 3 , Nov. 3, 1988 , 102 Stat. 2966 ; Pub. L. 103–325, title I, § 153(a) , (b), Sept. 23, 1994 ,
      108 Stat. 2195 ; Pub. L. 104–12, § 2 , May 18, 1995 , 109 Stat. 161 ; Pub. L. 104–29, § 6 , Sept.
      30, 1995 , 109 Stat. 274 ; Pub. L. 110–289, div. B, title V, § 2502(b) , July 30, 2008 , 122 Stat.
      2857 ; Pub. L. 110–315, title X, § 1012(a) , Aug. 14, 2008 , 122 Stat. 3482 ; Pub. L. 111–22, div.
      A, title IV, § 404(b) , May 20, 2009 , 123 Stat. 1658 ; Pub. L. 111–24, title I, § 107 , title II,
      § 201(b), May 22, 2009 , 123 Stat. 1743 , 1745; Pub. L. 111–203, title X, § 1100A(2) , title XIV,
      §§ 1413, 1416, 1417, 1422, July 21, 2010 , 124 Stat. 2107 , 2148, 2153, 2157.) [1] So in original.
      The semicolon probably should be a comma. [2] So in original. Probably should be preceded by “section”.
      [3] So in original. The closing parenthesis probably should not appear.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1640 from Cornell LII snapshot ecef246cd1ab40dc;
      body isolated between nav and notes; substring-verified.
  judgment: false
