I 
113TH CONGRESS 
1ST SESSION 
H. R. 990 
To amend the Truth in Lending Act to address certain issues related to 
the extension of consumer credit, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2013 
Ms. BONAMICI (for herself, Mr. CUMMINGS, Mr. BLUMENAUER, Mrs. DAVIS 
of California, Mr. SARBANES, Ms. NORTON, Ms. DELAURO, Mr. CON-
YERS, Ms. LINDA T. SA´NCHEZ of California, Mr. GRIJALVA, Mr. ELLI-
SON, Ms. WATERS, Mr. TAKANO, Mr. MCGOVERN, Mr. WELCH, Ms. LOF-
GREN, Ms. LEE of California, and Ms. CHU) introduced the following bill; 
which was referred to the Committee on Financial Services 
A BILL 
To amend the Truth in Lending Act to address certain 
issues related to the extension of consumer credit, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stopping Abuse and 
Fraud in Electronic Lending Act of 2013’’ or the ‘‘SAFE 
Lending Act of 2013’’. 
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SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. 
(a) PROHIBITING UNAUTHORIZED REMOTELY CRE-
ATED CHECKS.—Section 905 of the Electronic Fund 
Transfer Act (15 U.S.C. 1693c) is amended by adding at 
the end the following: 
‘‘(d) 
LIMITATIONS
ON
REMOTELY
CREATED 
CHECKS.— 
‘‘(1) IN GENERAL.—Subject to the limitations 
set forth under paragraph (2) and any additional 
limitations that the Bureau may establish, by rule, 
a remotely created check may only be issued by a 
person designated in writing by the consumer, such 
designation specifically provided in writing by the 
consumer to the insured depository institution at 
which the consumer maintains the account from 
which the check is to be drawn. 
‘‘(2) ADDITIONAL LIMITATIONS.— 
‘‘(A) IN GENERAL.—An authorization pro-
vided under paragraph (1) may be revoked at 
any time by the consumer. 
‘‘(B) CONSUMER FINANCIAL PROTECTION 
LAWS.—No payment order, including a re-
motely created check, may be issued by any per-
son in response to the exercise of, or attempt to 
exercise, any rights by a consumer under any 
Federal consumer financial law (as defined in 
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section 1002(14) of the Consumer Financial 
Protection Act of 2010 (12 U.S.C. 5481(14))) 
or any other provision of any law or regulation 
within the jurisdiction of the Bureau. 
‘‘(3) REMOTELY CREATED CHECK DEFINED.— 
For purposes of this subsection, the term ‘remotely 
created check’ means a check (including paper and 
electronic checks and any other payment order that 
the Bureau, by rule, determines is appropriately cov-
ered by this subsection) that— 
‘‘(A) is not created by the financial institu-
tion that holds the customer account from 
which the check is to be paid; and 
‘‘(B) does not bear a signature applied, or 
purported to be applied, by the person from 
whose account the check is to be paid.’’. 
(b) CONSUMER PROTECTIONS FOR CERTAIN ONE- 
TIME ELECTRONIC FUND TRANSFERS.—Section 913 of 
the Electronic Fund Transfer Act (15 U.S.C. 1693k) is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘No person’’; 
(2) striking ‘‘preauthorized electronic fund 
transfers’’ and inserting ‘‘an electronic fund trans-
fer’’; and 
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(3) by adding at the end the following: 
‘‘(b) TREATMENT FOR ELECTRONIC FUND TRANS-
FERS IN CREDIT EXTENSIONS.—If a consumer voluntarily 
agrees to repay an extension of small-dollar consumer 
credit transaction (as defined in section 110(b) of the 
Truth in Lending Act) by means of an electronic fund 
transfer, such electronic fund transfer shall be treated as 
a preauthorized electronic fund transfer subject to the pro-
tections of this title.’’. 
SEC. 3. CONSISTENT APPLICATION OF LAW FOR SMALL- 
DOLLAR LENDING. 
(a) CONSISTENT APPLICATION OF STATE LAW FOR 
SMALL-DOLLAR LENDING.—The Truth in Lending Act 
(15 U.S.C. 1601 et seq.) is amended by inserting after 
section 109 the following: 
‘‘SEC. 110. CONSISTENT APPLICATION OF LAW FOR SMALL- 
DOLLAR LENDING. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, and except to the extent that Federal or 
applicable tribal law affords greater protection to the con-
sumer, any small-dollar consumer credit transaction made 
over the Internet, telephone, facsimile, mail, electronic 
mail, or other electronic communication, and any small- 
dollar consumer credit transaction conducted by a national 
bank shall comply with the laws of the State in which the 
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consumer resides with respect to annual percentage rates, 
interest, fees, charges, and such other similar or related 
matters as the Bureau may, by rule, determine. 
‘‘(b) DEFINITIONS.—As used in this section, the term 
‘small-dollar consumer credit transaction’ means any 
transaction that extends, facilitates, brokers, arranges, or 
gathers applications for credit that is— 
‘‘(1) made to a consumer in an amount of not 
more than $5,000, or such greater amount as the 
Bureau may, by rule, determine, such amount to be 
adjusted annually to reflect changes in the Con-
sumer Price Index for all urban consumers published 
by the Department of Labor; and 
‘‘(2) extended pursuant to an agreement that 
is— 
‘‘(A) other than an open-end credit plan 
and is payable in one or more installments of 
less than 12 months (or such longer period as 
the Bureau may, by rule, determine); 
‘‘(B) an open-end credit plan in which each 
advance is fully repayable within a defined time 
or in connection with a defined event, or both; 
or 
‘‘(C) such other plan as the Bureau deter-
mines, by rule.’’. 
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(b) ENFORCEMENT.—Section 130 of the Truth in 
Lending Act (15 U.S.C. 1640) is amended by inserting 
‘‘section 110,’’ before ‘‘or chapter 4’’. 
SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL- 
DOLLAR CONSUMER CREDIT TRANSACTIONS. 
The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN 
SMALL-DOLLAR CONSUMER CREDIT TRANS-
ACTIONS. 
‘‘(a) IDENTIFICATION INFORMATION.—Any person 
facilitating, brokering, arranging, gathering applications 
for, or distributing sensitive personal financial information 
in connection with small-dollar consumer credit trans-
actions shall prominently disclose information by which 
they may be contacted or identified, including for service 
of process and for identification of the registrant of any 
domain name registered or used. 
‘‘(b) PROHIBITION ON LEAD GENERATION IN SMALL- 
DOLLAR CONSUMER CREDIT TRANSACTIONS.—No person 
may facilitate, broker, arrange, gather applications for, or 
distribute sensitive personal financial information in con-
nection with small-dollar consumer credit transactions, 
unless the person is directly providing the small-dollar 
consumer credit to the consumer. 
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‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘sensitive personal financial infor-
mation’ means the consumer’s Social Security num-
ber, financial account number, bank routing number, 
bank account number, or any required security or 
access code that is immediately necessary to permit 
access to an individual’s financial account; and 
‘‘(2) the term ‘small-dollar consumer credit 
transaction’ has the same meaning as in section 
110(b). 
‘‘(d) RULE OF CONSTRUCTION.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
may be interpreted to limit the authority of the Bu-
reau to further restrict activities covered by this sec-
tion. 
‘‘(2) CLARIFICATION.—It shall not be consid-
ered ‘facilitating’ in connection with small-dollar 
consumer credit transactions to be engaged solely in 
1 the following activities: 
‘‘(A) The provision of a telecommuni-
cations service, or of an Internet access service 
or Internet information location tool (as those 
terms are defined in section 231 of the Commu-
nications Act of 1934 (47 U.S.C. 231)). 
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‘‘(B) The transmission, storage, retrieval, 
hosting, formatting, or translation (or any com-
bination thereof) of a communication, without 
selection or alteration of the content of the 
communication, except that deletion of a par-
ticular communication or material made by an-
other person in a manner consistent with sec-
tion 230(c) of the Communications Act of 1934 
(47 U.S.C. 230(c)).’’. 
SEC. 5. ENHANCED ENFORCEMENT AUTHORITY AGAINST 
CERTAIN INTERNET LENDING. 
The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended by inserting after section 108 the following: 
‘‘SEC. 108A. ENHANCED ENFORCEMENT AUTHORITY RELAT-
ING TO CONSUMER FINANCIAL ACTIVITIES 
BY CERTAIN INTERNET SITES. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) COMPLAINANT.—The term ‘complainant’ 
means a State attorney general or State or tribal 
agency with enforcement authority over prohibited 
activity who files a complaint with the Bureau under 
subsection (d). 
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‘‘(2) COVERED ONSHORE PERSON.—The term 
‘covered onshore person’ means a State government 
or an Indian tribe. 
‘‘(3) FEDERAL CONSUMER FINANCIAL LAW.— 
The term ‘Federal consumer financial law’ has the 
same meaning as in section 1002 of the Consumer 
Financial Protection Act of 2010 (12 U.S.C. 5481). 
‘‘(4) FINANCIAL TRANSACTION PROVIDER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘financial trans-
action provider’ has the same meaning as in 
section 5362(4) of title 31, United States Code. 
‘‘(B) EXCEPTION.—The term ‘financial 
transaction provider’ does not include an Inter-
net service platform or an affiliate of an Inter-
net service platform. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the same meaning as in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450b). 
‘‘(6) 
INTERNET
SERVICE
PLATFORM.—The 
term ‘Internet service platform’ means an interactive 
digital service the provider of which— 
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‘‘(A) does not act merely as a payment 
intermediary between a user and a supplier of 
goods or services; and 
‘‘(B) provides additional services to facili-
tate interaction between users unrelated to pur-
chases from suppliers of goods and services. 
‘‘(7) INTERNET SITE.—The term ‘Internet site’ 
means the collection of digital assets, including links, 
indexes, or pointers to digital assets, accessible 
through the Internet that are addressed relative to 
a common domain name. 
‘‘(8) COVERED OFFSHORE PERSON.— 
‘‘(A) IN GENERAL.—The term ‘covered off-
shore person’ means a person (and if such per-
son is not known, the Internet site or other 
electronic representation of such person such as 
a telephone number, text message service, or 
mobile application) that— 
‘‘(i) conducts business directed to resi-
dents of the United States; 
‘‘(ii) does not have a domain name 
that is registered or assigned by a domain 
name registrar, domain name registry, or 
other domain name registration authority 
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that is located within a judicial district of 
the United States; and 
‘‘(iii) is not operated by an entity that 
is located within a judicial district of the 
United States. 
‘‘(B) BUSINESS DIRECTED TO RESIDENTS 
OF
THE
UNITED
STATES.—For purposes of 
making a determination under subparagraph 
(A)(i), the Bureau may consider, among other 
indicators, whether— 
‘‘(i) the person extends, facilitates, 
brokers, arranges, or gathers applications 
for credit to persons located in the United 
States; 
‘‘(ii) the person has reasonable meas-
ures in place to prevent its services from 
being accessed from or delivered to the 
United States; and 
‘‘(iii) any prices for goods and services 
provided are indicated in the currency of 
the United States. 
‘‘(9) OPERATOR.—The term ‘operator’, when 
used in connection with an Internet site, includes 
any person with authority to operate the Internet 
site. 
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‘‘(10) OWNER.—The term ‘owner’, when used 
in connection with an Internet site, includes any 
owner of a majority interest in the Internet site. 
‘‘(11) STATE CONSUMER FINANCIAL LAW.—The 
term ‘State consumer financial law’ means a provi-
sion of State law that either constitutes a ‘State 
consumer financial law’ as that term is defined in 
section 5136C of title LXII of the Revised Statutes 
of the United States (12 U.S.C. 21 et seq.), or pro-
hibits unfair or deceptive acts or practices. 
‘‘(b) APPLICABILITY OF SECTION.—It shall be a vio-
lation of this section— 
‘‘(1) for a covered offshore person to violate an 
applicable Federal, State, or tribal consumer finan-
cial law; and 
‘‘(2) for a covered onshore person to violate an 
applicable Federal, State, or tribal consumer finan-
cial law. 
‘‘(c) INVESTIGATION OF VIOLATIONS BY BUREAU.— 
‘‘(1) IN GENERAL.—The Bureau— 
‘‘(A) may investigate any alleged violation 
of subsection (b) on its own initiative; and 
‘‘(B) shall— 
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‘‘(i) review any alleged violation of 
subsection (b) upon receiving a complaint 
filed under subsection (d); and 
‘‘(ii) adjudicate and otherwise inves-
tigate and respond to such complaint, as 
appropriate. 
‘‘(2) CONSULTATIONS.—In taking action under 
paragraph (1), the Bureau shall, as the Bureau de-
termines appropriate, consult with and seek advice 
and information from the Attorney General of the 
United States, the Federal Trade Commission, the 
International Trade Commission, the Bureau of In-
dian Affairs (in the case of matters involving an In-
dian tribe), federally recognized Indian tribes (in the 
case of rulemakings involving Indian tribes), and 
such other agencies and officials as the Bureau con-
siders appropriate. 
‘‘(3) LIMITATION ON INVESTIGATIONS OF DO-
MAIN NAMES; CONSENT TO JURISDICTION.—Subject 
to such limitations as the Bureau may, by rule, de-
termine, the Bureau shall terminate, or not initiate, 
an investigation or adjudication under paragraph (1) 
with respect to a person or a domain name— 
‘‘(A) if a person or the operator of the 
Internet site associated with the domain name 
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provides in a legal notice on the site accurate 
information consisting of— 
‘‘(i) the name of an individual author-
ized to receive process on behalf of the site; 
‘‘(ii) an address at which process may 
be served; 
‘‘(iii) a telephone number at which the 
individual described in clause (i) may be 
contacted; and 
‘‘(iv) a statement that the operator of 
the site consents to the jurisdiction and 
venue of the United States district courts 
with respect to a violation of State con-
sumer lending laws; 
‘‘(B) provided that, in the event of the fil-
ing of any civil action in the appropriate United 
States district court for a violation of State or 
tribal consumer lending laws, the operator of 
the Internet site accepts service and waives, in 
a timely manner, any objections to jurisdiction, 
as set forth in the statement described in sub-
paragraph (A)(iv); and 
‘‘(C) provided that, any limitations on in-
vestigations under this subsection shall not 
apply if— 
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‘‘(i) any of the information provided 
by the operator is inaccurate in any way; 
or 
‘‘(ii) at any point, the relevant party 
fails to respond to or abide by any order 
or request of the relevant court. 
‘‘(4) RULE OF CONSTRUCTION.—It shall not be 
considered a violation of this section to be engaged 
solely in 1 of the following activities: 
‘‘(A) The provision of a telecommuni-
cations service, or of an Internet access service 
or Internet information location tool (as those 
terms are defined in section 231 of the Commu-
nications Act of 1934 (47 U.S.C. 231)). 
‘‘(B) The transmission, storage, retrieval, 
hosting, formatting, or translation (or any com-
bination thereof) of a communication, without 
selection or alteration of the content of the 
communication, except that deletion of a par-
ticular communication or material made by an-
other person in a manner consistent with sec-
tion 230(c) of the Communications Act of 1934 
(47 U.S.C. 230(c)). 
‘‘(d) COMPLAINTS.— 
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‘‘(1) IN GENERAL.—A complaint alleging, under 
oath, that a covered onshore person or a covered off-
shore person is in violation of subsection (b) may be 
filed with the Bureau. 
‘‘(2) NOTICE.— 
‘‘(A) IN
GENERAL.—Upon filing a com-
plaint under paragraph (1), if the identity of 
the covered offshore person is not known, but 
the Internet site or other electronic representa-
tion is, the complainant shall send a notice of 
the violation alleged in the complaint to the reg-
istrant of the domain name of the Internet site 
(or relevant operator of the electronic represen-
tation) alleged to be operated or maintained in 
violation of subsection (b)— 
‘‘(i) at the postal and e-mail addresses 
appearing in the applicable publicly acces-
sible database of registrations, if any, to 
the extent such addresses are reasonably 
available; 
‘‘(ii) via the postal and e-mail ad-
dresses of the registrar, registry, or other 
domain name registration authority that 
registered or assigned the domain name, to 
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the extent such addresses are reasonably 
available; and 
‘‘(iii) in any other such form as the 
Bureau finds necessary. 
‘‘(B) RULE OF CONSTRUCTION.—For pur-
poses of this subsection, the actions described 
in this paragraph shall constitute service of 
process. 
‘‘(3) IDENTIFICATION OF, AND NOTICE TO, EN-
TITIES THAT MAY BE REQUIRED TO TAKE ACTION 
PURSUANT TO THIS SECTION.— 
‘‘(A) IDENTIFICATION.—A complaint filed 
under paragraph (1) shall identify any financial 
transaction provider that may be required to 
take measures described in subsection (g)(2) if 
the Bureau issues an order under subsection (f) 
with respect to the complaint and the order is 
served on the provider or service pursuant to 
subsection (g)(1). 
‘‘(B) NOTICE.—Upon filing a complaint 
under paragraph (1), the complainant shall pro-
vide notice to any financial transaction provider 
identified in the complaint pursuant to subpara-
graph (A) or any amendments to the complaint. 
‘‘(C) INTERVENTION.— 
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‘‘(i) IN GENERAL.—A financial trans-
action provider or identified in a complaint 
pursuant to subparagraph (A) may inter-
vene upon timely request filed with the Bu-
reau in— 
‘‘(I) an investigation initiated 
under subsection (c) pursuant to the 
complaint; or 
‘‘(II) 
pursuant 
to 
subsection 
(f)(3), an action to modify, suspend, 
or vacate an order issued pursuant to 
the complaint. 
‘‘(ii) RULE OF CONSTRUCTION.—Fail-
ure to intervene under clause (i) in an in-
vestigation under subsection (c) does not 
preclude a financial transaction provider 
notified of the investigation from subse-
quently seeking an order to modify, sus-
pend, or vacate an order issued by the Bu-
reau under subsection (f). 
‘‘(e) DETERMINATIONS.— 
‘‘(1) IN
GENERAL.—The Bureau shall deter-
mine, with respect to each investigation initiated 
under subsection (c), whether the respective covered 
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onshore person or covered offshore person under in-
vestigation is in violation of subsection (b). 
‘‘(2) EFFECTIVE DATE.—A determination made 
under paragraph (1) shall take effect on the date on 
which the Bureau publishes the determination in the 
Federal Register. 
‘‘(3) ELECTRONIC
SUBMISSION
OF
INFORMA-
TION
AND
PROCEEDINGS.—The Bureau may, in 
making any determination under this section— 
‘‘(A) allow the submission of information 
electronically; and 
‘‘(B) hold hearings electronically or obtain 
testimony or other information electronically or 
by such means as the Bureau determines allows 
participation in proceedings under this section 
at as low a cost as possible to participants in 
the proceedings. 
‘‘(f) CEASE AND DESIST ORDERS.— 
‘‘(1) IN GENERAL.—If the Bureau determines 
under subsection (e) that the covered onshore person 
or covered offshore person is in violation of sub-
section (b), in addition to any actions which the Bu-
reau could otherwise take, the Bureau may— 
‘‘(A) issue an order to cease and desist 
from violation of subsection (b) to the covered 
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