2020Directory_FNL_FlippingBook

• International Economic Powers Act: imprisonment for not more than 20 years and a fine of not more than $1,000,000. 50 U.S.C. § 1705. • Anti-terrorism and Effective Death Penalty Act: $500,000 per count against organizations , and 10 years imprisonment and $250,000 per count for individuals. 18 U.S.C. § 2332d; 18 U.S.C. § 3571; 31 C.F.R. § 596.701. • Foreign Narcotics Kingpin Designation Act: 10 years imprisonment and fine of not more than $10,000,000. 31 C.F.R. § 598.701. • Clean Diamond Trade Act: for individuals, $250,000 per count and 10 years imprisonment; for corporations, $500,000. 19 U.S.C. § 3907; 18 U.S.C. § 3571. UDAP Laws (FTC Act § 5) and UDAAP (Consumer Financial Protection Act) • FTC Act: up to $42,530 per violation. 15 U.S.C. § 45(m)(1); 16 C.F.R. § 1.98. • The CFPB can assess penalties of up to $1,156,242per day against independent and buy-here-pay-here dealers for violations. 12 U.S.C. § 5531; 12 U.S.C. § 5565(c)(2)(C); 12 C.F.R. § 1083.1. • Private causes of action for actual, statutory, and punitive damages are permitted under most state UDAP laws. Some states allow recovery of treble damages. UDAAP (Dodd-Frank Act, Bureau Small Dollar Rule) Relief may include: • rescission or reformation of contracts; • refund of moneys or return of real property; • restitution; • disgorgement or compensation for unjust enrichment; • payment of damages or other monetary relief; • public notification regarding the violation, including the costs of notification; • limits on the activities or functions of the person; and

HOT TOPICS

• civil money penalties of (adjust for inflation): • $5,781 per day that the violation continues;

• If reckless violation, $28,906 per day that the violation continues; • If knowing violation, $1,156,242 per day that the violation continues. 12 U.S.C. § 5565(a), (c); 12 C.F.R. § 1083.1.

215 2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE