I 

114TH CONGRESS 

2D SESSION H. R. 5112 

To amend the Consumer Protection Act of 2010 to grant the Bureau of 

Consumer Financial Protection the authority to regulate certain acts 

and practices using processes and procedures consistent with and similar 

to those in place at the Federal Trade Commission, to encourage greater 

communication amongst regulators, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2016 

Mr. LUETKEMEYER introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend the Consumer Protection Act of 2010 to grant 

the Bureau of Consumer Financial Protection the authority to regulate certain acts and practices using processes and procedures consistent with and similar to those 

in place at the Federal Trade Commission, to encourage 

greater communication amongst regulators, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unfair or Deceptive 

5 Acts or Practices Uniformity Act’’. 


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1 SEC. 2. BUREAU AUTHORITY OVER UNFAIR AND DECEP2 TIVE ACTS OR PRACTICES. 

3 (a) IN GENERAL.—Section 1031 of the Consumer Fi4 nancial Protection Act of 2010 (12 U.S.C. 5531) is 

5 amended— 

6 (1) in the heading of such section, by striking 

7 ‘‘, DECEPTIVE, OR ABUSIVE’’ and inserting ‘‘OR

8 DECEPTIVE’’; 

9 (2) in subsection (a)— 

10 (A) by striking ‘‘, deceptive, or abusive’’ 

11 and inserting ‘‘or deceptive’’; and 

12 (B) by adding at the end the following: 

13 ‘‘The Bureau may not take any action described 

14 under this subsection against a covered person 

15 or service provider unless the Bureau first 

16 consults the covered person or service provider’s 

17 primary financial regulatory agency, if any.’’; 

18 (3) in subsection (b)— 

19 (A) by striking ‘‘, deceptive, or abusive’’ 

20 and inserting ‘‘or deceptive’’; and 

21 (B) by inserting at the end the following: 

22 ‘‘In prescribing any rule under this subsection, 

23 the Bureau shall comply with the requirements 

24 of section 18 of the Federal Trade Commission 

25 Act (15 U.S.C. 57a) applicable to the Federal 

26 Trade Commission when the Commission preVerDate Sep 11 2014 00:58 May 05, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5112.IH H5112

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1 scribes rules and general statements of policy 

2 under that section with respect to unfair or de3 ceptive acts or practices in or affecting com4 merce.’’; 

5 (4) by striking subsection (d); and 

6 (5) by redesignating subsections (e) and (f) as 

7 subsections (d) and (e), respectively. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) CONSUMER FINANCIAL PROTECTION ACT OF

10 2010.—The Consumer Financial Protection Act of 

11 2010 (12 U.S.C. 5481 et seq.) is amended— 

12 (A) by striking ‘‘, deceptive, and abusive’’ 

13 each place such term appears and inserting 

14 ‘‘and deceptive’’; and 

15 (B) by striking ‘‘, deceptive, or abusive’’ 

16 each place such term appears and inserting ‘‘or 

17 deceptive’’. 

18 (2) DODD-FRANK WALL STREET REFORM AND

19 CONSUMER PROTECTION ACT.—The table of contents 

20 in section 1(b) of the Dodd-Frank Wall Street Re21 form and Consumer Protection Act is amended, in 

22 the item relating to section 1031, by striking ‘‘, DE23 CEPTIVE, OR ABUSIVE’’ and inserting ‘‘OR DE24 CEPTIVE’’. 


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1 (3) OMNIBUS APPROPRIATIONS ACT, 2009.—Sec2 tion 626(a)(1) of the Omnibus Appropriations Act, 

3 2009 (15 U.S.C. 1638 note) is amended by striking 

4 ‘‘, deceptive, or abusive’’ and inserting ‘‘or decep5 tive’’. 

Æ 


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