(a) In general(1) No liability for providing certain materialAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to—(A) a possible unfair or deceptive act or practice, as defined in section 45(a) of this title; or
(B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions;
shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material.
(2) LimitationsNothing in this subsection shall be construed to exempt any such entity from liability—(A) for the underlying conduct reported; or
(B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission.
(b) Certain financial institutionsAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including—(1) a disclosure regarding assets, including assets located in foreign jurisdictions—(A) related to possibly fraudulent or deceptive commercial practices;
(B) related to persons involved in such practices; or
(C) otherwise subject to recovery by the Commission; or
(2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices.
(c) Consumer complaintsAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct.
(d) ApplicationThis section applies to the following entities, whether foreign or domestic:(1) A financial institution as defined in section 5312 of title 31.
(2) To the extent not included in paragraph (1), a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments.
(3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services.
(4) An Internet service provider or provider of telephone services.
Structure US Code
SUBCHAPTER I— FEDERAL TRADE COMMISSION
§ 41. Federal Trade Commission established; membership; vacancies; seal
§ 43. Office and place of meeting
§ 45. Unfair methods of competition unlawful; prevention by Commission
§ 45b. Consumer review protection
§ 45e. Office for the prevention of fraud targeting seniors
§ 46. Additional powers of Commission
§ 46a. Concurrent resolution essential to authorize investigations
§ 47. Reference of suits under antitrust statutes to Commission
§ 48. Information and assistance from departments
§ 49. Documentary evidence; depositions; witnesses
§ 51. Effect on other statutory provisions
§ 52. Dissemination of false advertisements
§ 53. False advertisements; injunctions and restraining orders
§ 54. False advertisements; penalties
§ 57a. Unfair or deceptive acts or practices rulemaking proceedings
§ 57b–1. Civil investigative demands
§ 57b–2a. Confidentiality and delayed notice of compulsory process for certain third parties
§ 57b–2b. Protection for voluntary provision of information
§ 57b–4. Good faith reliance on actions of Board of Governors
§ 57b–5. Agricultural cooperatives
§ 57c. Authorization of appropriations