Page:United States Statutes at Large Volume 109 Part 1.djvu/290

 109 STAT. 274 PUBLIC LAW 104-29—SEPT. 30, 1995 "(3) any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed— "(A) may be treated as accurate for purposes of this title if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200; "(B) may, under section 106(f)(2), be treated as accurate for purposes of section 125; or "(C) is greater than the amount or percentage required to be disclosed under this title. " (b) EXCEPTIONS.— Subsection (a) shall not apply to— "(1) any individual action or counterclaim brought under this title which was filed before June 1, 1995; "(2) any class action brought under this title for which a final order certifying a class was entered before January 1, 1995; "(3) the named individual plaintiffs in any class action brought under this title which was filed before June 1, 1995; or "(4) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before June 1, 1995. ". (b) CLERICAL AMENDMENT. — The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 138 the following new item: "139. Certain limitations on liability.". SEC. 5. LIMITATION ON RESCISSION LIABILITY. Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is further amended by adding at the end the following new subsection: "(h) LIMITATION ON RESCISSION. — An obligor shall have no rescission rights arising solely from the form of written notice used by the creditor to inform the obligor of the rights of the obligor under this section, if the creditor provided the obligor the appropriate form of written notice published and adopted by the Board, or a comparable written notice of the rights of the obligor, that was properly completed by the creditor, and otherwise complied with all other requirements of this section regarding notice.". SEC. 6. CALCULATION OF DAMAGES. Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640(a)(2)(A)) is amended— (1) by striking "or (ii)" and inserting "(ii)"; and (2) by inserting before the semicolon at the end the following: ", or (iii) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than $200 or greater than $2,000". SEC. 7. ASSIGNEE LIABILITY. (a) VIOLATIONS APPARENT ON THE FACE OF TRANSACTION DOCU- MENTS.— Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: " (e) LIABILITY OF ASSIGNEE FOR CONSUMER CREDIT TRANS- ACTIONS SECURED BY REAL PROPERTY. —

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