[104th Congress Public Law 12]
[From the U.S. Government Printing Office]
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[DOCID: f:publ12.104]
[[Page 109 STAT. 161]]
Public Law 104-12
104th Congress
An Act
To provide a moratorium on certain class action lawsuits relating to the
Truth in Lending Act. <<NOTE: May 18, 1995 - [H.R. 1380]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Truth in Lending Class Action Relief
Act of 1995. Courts.>> in Congress assembled,
SECTION 1. SHORT TITLE. <<NOTE: 15 USC 1601 note.>>
This Act may be cited as the ``Truth in Lending Class Action Relief
Act of 1995''.
SEC. 2. MORATORIUM.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended
by adding at the end the following new subsection:
``(i) Class Action Moratorium.--
``(1) In general.--During the period beginning on the
date <<NOTE: Effective date.>> of the enactment of the Truth in
Lending Class Action Relief Act of 1995 and ending on October 1,
1995, no court may enter any order certifying any class in any
action under this title--
``(A) which is brought in connection with any credit
transaction not under an open end credit plan which is
secured by a first lien on real property or a dwelling
and constitutes a refinancing or consolidation of an
existing extension of credit; and
``(B) which is based on the alleged failure of a
creditor--
``(i) to include a charge actually incurred
(in connection with the transaction) in the
finance charge disclosed pursuant to section 128;
``(ii) to properly make any other disclosure
required under section 128 as a result of the
failure described in clause (i); or
``(iii) to provide proper notice of rescission
rights under section 125(a) due to the selection
by the creditor of the incorrect form from among
the model forms prescribed by the Board or from
among forms based on such model forms.
``(2) Exceptions for certain alleged violations.--Paragraph
(1) shall not apply with respect to any action--
``(A) described in clause (i) or (ii) of paragraph
(1)(B), if the amount disclosed as the finance charge
results in an annual percentage rate that exceeds the
tolerance provided in section 107(c); or
[[Page 109 STAT. 162]]
``(B) described in paragraph (1)(B)(iii), if--
``(i) no notice relating to rescission rights
under section 125(a) was provided in any form; or
``(ii) proper notice was not provided for any
reason other than the reason described in such
paragraph.
Approved May 18, 1995.
LEGISLATIVE HISTORY--H.R. 1380:
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CONGRESSIONAL RECORD, Vol. 141 (1995):
Apr. 4, considered and passed House.
Apr. 24, considered and passed Senate.
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