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Collection Actions: 50 U.S.C. § 3932. Stay of proceedings when servicemember has notice

(a) Applicability of section

This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

Collection Actions: 50 U.S.C. § 3958. Enforcement of storage liens

(a) Liens

(1) Limitation on foreclosure or enforcement

A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

(2) Lien defined

Collection Actions: 50 U.S.C. § 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act

(a) Outreach to members

The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act.

(b) Time of provision

The information required to be provided under subsection (a) to a member shall be provided at the following times:

Collection Actions: 50 U.S.C. § 4042. Private right of action

(a) In general

Any person aggrieved by a violation of this chapter may in a civil action—

(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and

(2) recover all other appropriate relief, including monetary damages; and

Collection Actions: 50 U.S.C. § 3902. Purpose

The purposes of this chapter are—

(1) to provide for, strengthen, and expedite the national defense through protection extended by this chapter to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and

Collection Actions: 50 U.S.C. § 3917. Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction

(a) Reserves ordered to report for military service

A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).

Fair Credit Reporting: Introduction and Listing of Provisions

The Credit Repair Organizations Act was passed by Congress as part of the Omnibus Consolidated Appropriations Act of 1996, Pub. L. No. 104-208, § 2451, 110 Stat. 3009 (1996).

The Act as codified at 15 U.S.C. § 1679 is set out below.

TITLE 15—COMMERCE AND TRADE

* * *

CHAPTER 41—CONSUMER CREDIT PROTECTION

* * *

SUBCHAPTER II-A—CREDIT REPAIR ORGANIZATIONS

Collection Actions: Title, Chapter, Part

Title 26—Internal Revenue Code

* * *

Chapter 1—Normal Taxes and Surtaxes

* * *

Part I—General Rule

§ 501 Exemption from tax on corporations, certain trusts, etc.

Truth in Lending: 12(c) Right of Cardholder To Assert Claims or Defenses Against Card Issuer.

1. Relationship to § 1026.13. The § 1026.12(c) credit card “holder in due course” provision deals with the consumer’s right to assert against the card issuer a claim or defense concerning property or services purchased with a credit card, if the merchant has been unwilling to resolve the dispute. Even though certain merchandise disputes, such as non-delivery of goods, may also constitute “billing errors” under § 1026.13, that section operates independently of § 1026.12(c).

Truth in Lending: 12(c)(1) General Rule.

1. Situations excluded and included.94 The consumer may assert claims or defenses only when the goods or services are “purchased with the credit card.” This would include when the goods or services are purchased by a consumer using a hybrid prepaid-credit card to access a covered separate credit feature as defined in § 1026.61. This could include mail, the Internet or telephone orders, if the purchase is charged to the credit card account. But it would exclude:

Truth in Lending: 12(c)(2) Adverse Credit Reports Prohibited.

1. Scope of prohibition. Although an amount in dispute may not be reported as delinquent until the matter is resolved:

i. That amount may be reported as disputed.

ii. Nothing in this provision prohibits the card issuer from undertaking its normal collection activities for the delinquent and undisputed portion of the account.

Truth in Lending: 12(c)(3)(ii) Exclusion.

1. Merchant honoring card. The exceptions (stated in § 1026.12(c)(3)(ii)) to the amount and geographic limitations in § 1026.12(c)(3)(i)(B) do not apply if the merchant merely honors, or indicates through signs or advertising that it honors, a particular credit card.

Truth in Lending: 12(d) Offsets by Card Issuer Prohibited.

1. Meaning of funds on deposit.96 For purposes of § 1026.12(d), funds of the cardholder held on deposit include funds in a consumer’s prepaid account as defined in § 1026.61. In addition, for purposes of § 1026.12(d), deposit account includes a prepaid account.

Paragraph 12(d)(1)

Truth in Lending: 12(e) Prompt Notification of Returns and Crediting of Refunds.

Paragraph 12(e)(1)

1. Normal channels. The term normal channels refers to any network or interchange system used for the processing of the original charge slips (or equivalent information concerning the transaction).

Paragraph 12(e)(2)

1. Crediting account. The card issuer need not actually post the refund to the consumer’s account within three business days after receiving the credit statement, provided that it credits the account as of a date within that time period.

Truth in Lending: Amendment History

[68 Fed. Reg. 16,189 (Apr. 3, 2003); 74 Fed. Reg. 5244 (Jan. 29, 2009); 75 Fed. Reg. 7848 (Feb. 22, 2010); 75 Fed. Reg. 7925 (Feb. 22, 2010); 76 Fed. Reg. 23,019 (Apr. 25, 2011); 76 Fed. Reg. 79,772 (Dec. 22, 2011); 81 Fed. Reg. 84,369 (Nov. 22, 2016); 82 Fed. Reg. 18,975 (Apr. 25, 2017); 83 Fed. Reg. 6364 (Feb. 13, 2018)]

Truth in Lending: 1. Creditor’s failure to comply with billing error provisions

1. Creditor’s failure to comply with billing error provisions. Failure to comply with the error resolution procedures may result in the forfeiture of disputed amounts as prescribed in section 161(e) of the Act. (Any failure to comply may also be a violation subject to the liability provisions of section 130 of the Act.)

Truth in Lending: 2. Charges for error resolution

2. Charges for error resolution. If a billing error occurred, whether as alleged or in a different amount or manner, the creditor may not impose a charge related to any aspect of the error resolution process (including charges for documentation or investigation) and must credit the consumer’s account if such a charge was assessed pending resolution.

Truth in Lending: 13(a) Definition of Billing Error.

Paragraph 13(a)(1)

1. Actual, implied, or apparent authority. Whether use of a credit card or open-end credit plan is authorized is determined by state or other applicable law. (See comment 12(b)(1)(ii)-1.)

Paragraph 13(a)(3)

1. Coverage.

i. Section 1026.13(a)(3) covers disputes about goods or services that are “not accepted” or “not delivered * * * as agreed”; for example: