# § 1691e. Civil liability
**(a)** **Individual or class action for actual damages** Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.
**(b)** **Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award** Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any 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.
**(c)** **Action for equitable and declaratory relief** Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter.
**(d)** **Recovery of costs and attorney fees** In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection.
**(e)** **Good faith compliance with rule, regulation, or interpretation of Bureau or interpretation or approval by an official or employee of Bureau of Consumer Financial Protection duly authorized by Bureau** No provision of this subchapter imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Bureau of Consumer Financial Protection 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.
**(f)** **Jurisdiction of courts; time for maintenance of action; exceptions** Any action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than 5 years after the date of the occurrence of the violation, except that—
then any applicant who has been a victim of the discrimination which is the subject of such proceeding or civil action may bring an action under this section not later than one year after the commencement of that proceeding or action.
**(1)** whenever any agency having responsibility for administrative enforcement under section 1691c of this title commences an enforcement proceeding within 5 years after the date of the occurrence of the violation,
**(2)** whenever the Attorney General commences a civil action under this section within 5 years after the date of the occurrence of the violation,
**(g)** **Request by responsible enforcement agency to Attorney General for civil action** section 1691c of this titlesection 1691 of this titlesection 1691c(a) of this titlesection 1691(a) of this titlesection 1691(a) of this title
The agencies having responsibility for administrative enforcement under , if unable to obtain compliance with , are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. Each agency referred to in paragraphs (1), (2), and (9) of shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of . Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated .
**(h)** **Authority for Attorney General to bring civil action; jurisdiction** When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this subchapter, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including actual and punitive damages and injunctive relief.
**1** **Recovery under both subchapter and fair housing enforcement provisions prohibited for violation based on same transaction** section 3605 of title 42[^1]
No person aggrieved by a violation of this subchapter and by a violation of shall recover under this subchapter and section 3612 of title 42, if such violation is based on the same transaction.
See References in Text note below.
**(j)** **Discovery of creditor’s granting standards** Nothing in this subchapter shall be construed to prohibit the discovery of a creditor’s credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought.
**(k)** **Notice to HUD of violations** Whenever an agency referred to in paragraph (1), (2), or (3) <sup>1</sup> of section 1691c(a) of this title—
the agency shall notify the Secretary of Housing and Urban Development of the violation, and shall notify the applicant that the Secretary of Housing and Urban Development has been notified of the alleged violation and that remedies for the violation may be available under the Fair Housing Act.
**(1)** has reason to believe, as a result of receiving a consumer complaint, conducting a consumer compliance examination, or otherwise, that a violation of this subchapter has occurred;
**(2)** has reason to believe that the alleged violation would be a violation of the Fair Housing Act [42 U.S.C. 3601 et seq.]; and
**(3)** does not refer the matter to the Attorney General pursuant to subsection (g),
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**Source Credit**: (Pub. L. 90–321, title VII, § 706, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1524; amended Pub. L. 94–239, § 6, Mar. 23, 1976, 90 Stat. 253; Pub. L. 102–242, title II, § 223(a)–(c), Dec. 19, 1991, 105 Stat. 2306; Pub. L. 111–203, title X, § 1085(1), (5)–(7), July 21, 2010, 124 Stat. 2083, 2085.)
## Editorial Notes
### References in Text
, referred to in subsec. (i), which related to enforcement of the Fair Housing Act ( et seq.) by private persons, was repealed by , , . See , The Public Health and Welfare.
Paragraph (1), (2), or (3) of , referred to in subsec. (k), probably means par. (1), (2), or (3) of prior to repeal of pars. (1) and (2), enactment of new pars. (1) and (9), and redesignation of par. (3) as (2) by –(vi), , .
The Fair Housing Act, referred to in subsec. (k), is title VIII of , , , which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
2010—Subsec. (e). , substituted “Bureau of Consumer Financial Protection” for “Federal Reserve System” in text.
, which directed amendment of “subsection heading” by substituting “Bureau” for “Board” wherever appearing and “Bureau of Consumer Financial Protection” for “Federal Reserve System”, was executed by making the substitutions in heading that had been supplied editorially, to reflect the probable intent of Congress.
, substituted “Bureau” for “Board” wherever appearing.
Subsec. (f). , substituted “5 years after” for “two years from” wherever appearing.
Subsec. (g). , substituted “(9)” for “(3)”.
1991—Subsec. (g). , inserted at end “Each agency referred to in paragraphs (1), (2), and (3) of shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of . Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated .”
Subsec. (h). , inserted “actual and punitive damages and” after “be appropriate, including”.
Subsec. (k). , added subsec. (k).
1976—Subsec. (a). substituted reference to member for reference to representative.
Subsec. (b). inserted provisions exempting government or governmental subdivision or agency from requirements of this subchapter, incorporated provisions contained in former subsec. (c) relating to recovery in class actions and, as incorporated, raised the total amount of recovery under a class action from $100,000 to $500,000.
Subsec. (c). redesignated subsec. (d) as (c) and specified United States district court or other court of competent jurisdiction as court in which to bring action, and substituted provisions authorizing such court to grant equitable and declaratory relief, for provisions authorizing civil actions for preventive relief. Provisions of former subsec. (c) were incorporated into present subsec. (b) and amended.
Subsec. (d). redesignated subsec. (e) as (d) and made minor changes in phraseology. Former subsec. (d) redesignated (c) and amended.
Subsec. (e). redesignated subsec. (f) as (e) and inserted reference to officially promulgated rule, regulation, or interpretation and provisions relating to approval and interpretations by an official or employee of the Federal Reserve System duly authorized by the Board. Former subsec. (e) redesignated (d) and amended.
Subsec. (f). redesignated subsec. (g) as (f) and inserted provisions which substituted a two year limitation for one year limitation and provisions extending time in which to bring action under enumerated conditions. Former subsec. (f) redesignated (e) and amended.
Subsecs. (g) to (j). added subsecs. (g) to (j). Former subsec. (g) redesignated (f) and amended.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2010 Amendment
Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
### Effective Date of 1976 Amendment
Amendment by effective , see , set out as an Effective Date note under .