15 U.S.C. §1640 — Civil liability
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.
Verbatim regulatory text
Verbatim provisions from 15 U.S.C. §1640 — Civil liability — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
15 U.S.C. §1640(a) — Civil liability for TILA noncompliance
(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—
15 U.S.C. §1640(b) — 60-day error-correction safe harbor
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.
15 U.S.C. §1640(c) — Bona-fide-error defense
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.
15 U.S.C. §1640(e) — Statute of limitations (1 year general; 3 years for §§1639/1639b/1639c)
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.
15 U.S.C. §1640(f) — Good-faith conformity to Bureau rule/interpretation safe harbor
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.
15 U.S.C. §1640(a) — Civil liability for TILA noncompliance — enumerated items (chapeau recall fix)
(1) any actual damage sustained by such person as a result of the failure; (2) (A)