U.S Code last checked for updates: Nov 22, 2024
§ 5514.
Supervision of nondepository covered persons
(a)
Scope of coverage
(1)
Applicability
Notwithstanding any other provision of this title,1
1
 See References in Text note below.
and except as provided in paragraph (3), this section shall apply to any covered person who—
(A)
offers or provides origination, brokerage, or servicing of loans secured by real estate for use by consumers primarily for personal, family, or household purposes, or loan modification or foreclosure relief services in connection with such loans;
(B)
is a larger participant of a market for other consumer financial products or services, as defined by rule in accordance with paragraph (2);
(C)
the Bureau has reasonable cause to determine, by order, after notice to the covered person and a reasonable opportunity for such covered person to respond, based on complaints collected through the system under section 5493(b)(3) of this title or information from other sources, that such covered person is engaging, or has engaged, in conduct that poses risks to consumers with regard to the offering or provision of consumer financial products or services;
(D)
offers or provides to a consumer any private education loan, as defined in section 1650 of title 15, notwithstanding section 5517(a)(2)(A) of this title and subject to section 5517(a)(2)(C) of this title; or
(E)
offers or provides to a consumer a payday loan.
(2)
Rulemaking to define covered persons subject to this section
(3)
Rules of construction
(A)
Certain persons excluded
(B)
Activity levels
(b)
Supervision
(1)
In general
The Bureau shall require reports and conduct examinations on a periodic basis of persons described in subsection (a)(1) for purposes of—
(A)
assessing compliance with the requirements of Federal consumer financial law;
(B)
obtaining information about the activities and compliance systems or procedures of such person; and
(C)
detecting and assessing risks to consumers and to markets for consumer financial products and services.
(2)
Risk-based supervision program
The Bureau shall exercise its authority under paragraph (1) in a manner designed to ensure that such exercise, with respect to persons described in subsection (a)(1), is based on the assessment by the Bureau of the risks posed to consumers in the relevant product markets and geographic markets, and taking into consideration, as applicable—
(A)
the asset size of the covered person;
(B)
the volume of transactions involving consumer financial products or services in which the covered person engages;
(C)
the risks to consumers created by the provision of such consumer financial products or services;
(D)
the extent to which such institutions are subject to oversight by State authorities for consumer protection; and
(E)
any other factors that the Bureau determines to be relevant to a class of covered persons.
(3)
Coordination
(4)
Use of existing reports
The Bureau shall, to the fullest extent possible, use—
(A)
reports pertaining to persons described in subsection (a)(1) that have been provided or required to have been provided to a Federal or State agency; and
(B)
information that has been reported publicly.
(5)
Preservation of authority
(6)
Reports of tax law noncompliance
(7)
Registration, recordkeeping and other requirements for certain persons
(A)
In general
(B)
Recordkeeping
(C)
Requirements concerning obligations
(D)
Consultation with State agencies
(c)
Enforcement authority
(1)
The Bureau to have enforcement authority
(2)
Referral
(3)
Coordination with the Federal Trade Commission
(A)
In general
(B)
Civil actions
Whenever a civil action has been filed by, or on behalf of, the Bureau or the Federal Trade Commission for any violation of any provision of Federal law described in subparagraph (A), or any regulation prescribed under such provision of law—
(i)
the other agency may not, during the pendency of that action, institute a civil action under such provision of law against any defendant named in the complaint in such pending action for any violation alleged in the complaint; and
(ii)
the Bureau or the Federal Trade Commission may intervene as a party in any such action brought by the other agency, and, upon intervening—
(I)
be heard on all matters arising in such enforcement action; and
(II)
file petitions for appeal in such actions.
(C)
Agreement terms
(D)
Deadline
(d)
Exclusive rulemaking and examination authority
(e)
Service providers
(f)
Preservation of Farm Credit Administration authority
(Pub. L. 111–203, title X, § 1024, July 21, 2010, 124 Stat. 1987; Pub. L. 113–173, § 2, Sept. 26, 2014, 128 Stat. 1899.)
cite as: 12 USC 5514