Laws: Cases and Codes : U.S. Code : Title 15 : Section 1691c-1
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U.S. Code as of:
01/19/04
Section 1691c-1 - Notes
SOURCE
(Pub. L. 90-321, title VII, Sec. 704A, as added Pub. L. 104-208,
div. A, title II, Sec. 2302(a)(1), Sept. 30, 1996, 110 Stat.
3009-420.)
EFFECTIVE DATE
Section 2302(c) of div. A of Pub. L. 104-208 provided that:
"(1) In general. - Except as provided in paragraph (2), the
privilege provided for in section 704A of the Equal Credit
Opportunity Act [15 U.S.C. 1691c-1] or section 814A of the Fair
Housing Act [42 U.S.C. 3614-1] (as those sections are added by this
section) shall apply to a self-test (as that term is defined
pursuant to the regulations prescribed under subsection (a)(2) [set
out below] or (b)(2) of this section [42 U.S.C. 3614-1 note], as
appropriate) conducted before, on, or after the effective date of
the regulations prescribed under subsection (a)(2) or (b)(2), as
appropriate.
"(2) Exception. - The privilege referred to in paragraph (1) does
not apply to such a self-test conducted before the effective date
of the regulations prescribed under subsection (a) or (b), as
appropriate, if -
"(A) before that effective date, a complaint against the
creditor or person engaged in residential real estate related
lending activities (as the case may be) was -
"(i) formally filed in any court of competent jurisdiction;
or
"(ii) the subject of an ongoing administrative law
proceeding;
"(B) in the case of section 704A of the Equal Credit
Opportunity Act, the creditor has waived the privilege pursuant
to subsection (b)(1)(A)(i) of that section; or
"(C) in the case of section 814A of the Fair Housing Act, the
person engaged in residential real estate related lending
activities has waived the privilege pursuant to subsection
(b)(1)(A)(i) of that section."
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