15 U.S.C. § 1605
Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents (including settlement agents, attorneys, and escrow and title companies) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable:
Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges unless
Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained.
If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction:
The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction:
In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge-
if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one percent of the total amount of credit extended.
1See References in Text note below.
15 U.S.C. § 1605
EDITORIAL NOTES
REFERENCES IN TEXTSubsecs. (aa) and (w) of section 1602 of this title, referred to in subsec. (f)(2)(B), were redesignated subsecs. (bb) and (x), respectively, of section 1602 of this title by Pub. L. 111-203, title X, §1100A(1)(A), July 21, 2010, 124 Stat. 2107.
AMENDMENTS2010-Subsec. (d). Pub. L. 111-203 substituted "Bureau" for "Board" in introductory provisions. 1995-Subsec. (a). Pub. L. 104-29, §2(a), in introductory provisions inserted after second sentence "The finance charge shall not include fees and amounts imposed by third party closing agents (including settlement agents, attorneys, and escrow and title companies) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges."Subsec. (a)(6). Pub. L. 104-29, §2(b)(1), added par. (6).Subsec. (d)(3). Pub. L. 104-29, §2(c), added par. (3).Subsec. (e)(2). Pub. L. 104-29, §2(d), amended par. (2) generally, substituting "loan-related" for "a deed, settlement statement, or other". Subsec. (e)(5). Pub. L. 104-29, §2(e), inserted before period ",including fees related to any pest infestation or flood hazard inspections conducted prior to closing".Subsec. (f). Pub. L. 104-29, §3(a), added subsec. (f). 1980-Subsec. (a). Pub. L. 96-221, §606(a), inserted provisions excluding charges of a type payable in comparable cash transactions and indicated that pars. (1) to (5) are examples of charges. Subsec. (d). Pub. L. 96-221, §606(b), struck out pars. (3) and (4) setting forth applicability to taxes and any other type of charge, respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111-203 effective on the designated transfer date, see section 1100H of Pub. L. 111-203 set out as a note under section 552a of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104-29, §2(b)(2), Sept. 30, 1995, 109 Stat. 271, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the earlier of-"(A) 60 days after the date on which the Board of Governors of the Federal Reserve System issues final regulations under paragraph (3) [set out below]; or"(B) the date that is 12 months after the date of the enactment of this Act [Sept. 30, 1995]."
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96-221 set out as a note under section 1602 of this title.
REGULATIONS Pub. L. 104-29, §2(b)(3), Sept. 30, 1995, 109 Stat. 271, provided that: "The Board of Governors of the Federal Reserve System shall promulgate regulations implementing the amendment made by paragraph (1) [amending this section] by no later than 6 months after the date of the enactment of this Act [Sept. 30, 1995]."
ENSURING THAT FINANCE CHARGES REFLECT COST OF CREDIT Pub. L. 104-29, §2(f), Sept. 30, 1995, 109 Stat. 272, provided that:"(1) REPORT.-"(A) IN GENERAL.-Not later than 6 months after the date of the enactment of this Act [Sept. 30, 1995], the Board of Governors of the Federal Reserve System shall submit to the Congress a report containing recommendations on any regulatory or statutory changes necessary-"(i) to ensure that finance charges imposed in connection with consumer credit transactions more accurately reflect the cost of providing credit; and"(ii) to address abusive refinancing practices engaged in for the purpose of avoiding rescission."(B) REPORT REQUIREMENTS.-In preparing the report under this paragraph, the Board shall-"(i) consider the extent to which it is feasible to include in finance charges all charges payable directly or indirectly by the consumer to whom credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit (especially those charges excluded from finance charges under section 106 of the Truth in Lending Act [15 U.S.C. 1605] as of the date of the enactment of this Act), excepting only those charges which are payable in a comparable cash transaction; and"(ii) consult with and consider the views of affected industries and consumer groups. "(2) REGULATIONS.-The Board of Governors of the Federal Reserve System shall prescribe any appropriate regulation in order to effect any change included in the report under paragraph (1), and shall publish the regulation in the Federal Register before the end of the 1-year period beginning on the date of enactment of this Act."