,,ii #aacth ,,congress #ast ,session ,s4 #agb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjac ,mr4 ,merkley 7for himself1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,durbin1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,truth in ,lending ,act to address certain issues related to the extension of consumer credit1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,abuse and ,fraud in ,electronic ,lending ,act of #bjac or the ,,safe ,lending ,act of #bjac4 #b4 ,consumer control over bank accounts 7a7 ,prohibiting unauthorized remotely created checks ,section #ije of the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #afic;c7 is amended by adding at the end the following3 7d7 ,limitations on remotely created checks 7#a7 ,in general ,subject to the limitations set forth under paragraph 7#b7 and any additional limitations that the ,bureau may establish1 by rule1 a remotely created check may only be issued by a person designated in writing by the consumer1 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 drawn4 7#b7 ,additional limitations 7,a7 ,in general ,an authorization provided under paragraph 7#a7 may be revoked at any time by the consumer4 7,b7 ,consumer financial protection laws ,no payment order1 including a remotely created check1 may be issued by any person in response to the exercise of1 or attempt to exercise1 any rights by a consumer under any ,federal consumer financial law 7as defined in section #ajjb7ad7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha7ad777 or any other provision of any law or regulation within the jurisdiction of the ,bureau4 7#c7 ,remotely created check defined ,for purposes of this subsection1 the term remotely created check means a check 7including paper and electronic checks and any other payment order that the ,bureau1 by rule1 determines is appropriately covered by this subsection7 that-- 7,a7 is not created by the financial institution that holds the customer account from which the check is to be paid2 and 7,b7 does not bear a signature applied1 or purported to be applied1 by the person from whose account the check is to be paid4 4 7b7 ,consumer ,protections for ,certain ,one-,time ,electronic ,fund ,transfers ,section #iac of the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #afick7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,no person2 7#b7 striking preauthorized electronic fund transfers and inserting an electronic fund transfer2 and 7#c7 by adding at the end the following3 7b7 ,treatment for electronic fund transfers in credit extensions ,if a consumer voluntarily agrees to repay an extension of small-dollar consumer credit transaction 7as defined in section #aaj7;b7 of the ,truth in ,lending ,act7 by means of an electronic fund transfer1 such electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title4 4 #c4 ,consistent application of law for small-dollar lending 7a7 ,consistent application of ,state law for small-,dollar lending ,the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended by inserting after section #aji the following3 #aaj4 ,consistent application of law for small-dollar lending 7a7 ,in general ,notwithstanding any other provision of law1 and except to the extent that ,federal or applicable tribal law affords greater protection to the consumer1 any small-dollar consumer credit transaction made over the ,internet1 telephone1 facsimile1 mail1 electronic mail1 or other electronic communication1 and any small-dollar consumer credit transaction conducted by a national bank shall comply with the laws of the ,state in which the consumer resides with respect to annual percentage rates1 interest1 fees1 charges1 and such other similar or related matters as the ,bureau may1 by rule1 determine4 7b7 ,definitions ,as used in this section1 the term small-dollar consumer credit transaction means any transaction that extends1 facilitates1 brokers1 arranges1 or gathers applications for credit that is-- 7#a7 made to a consumer in an amount of not more than #e1jjj1 or such greater amount as the ,bureau may1 by rule1 determine1 such amount to be adjusted annually to reflect changes in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor2 and 7#b7 extended pursuant to an agreement that is-- 7,a7 other than an open-end credit plan and is payable in one or more installments of less than #ab months 7or such longer period as the ,bureau may1 by rule1 determine72 7,b7 an open-end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event1 or both2 or 7,c7 such other plan as the ,bureau determines1 by rule4 4 7b7 ,enforcement ,section #acj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afdj7 is amended by inserting section #aaj1 before or chapter #d4 #d4 ,restrictions on lead generation in small-dollar consumer credit transactions ,the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended by adding at the end the following3 #adj;,b4 ,restrictions on lead generation in small-dollar consumer credit transactions 7a7 ,identification information ,any person facilitating1 brokering1 arranging1 gathering applications for1 or distributing sensitive personal financial information in connection with small-dollar consumer credit transactions shall prominently disclose information by which they may be contacted or identified1 including for service of process and for identification of the registrant of any domain name registered or used4 7b7 ,prohibition on lead generation in small-,dollar consumer credit transactions ,no person may facilitate1 broker1 arrange1 gather applications for1 or distribute sensitive personal financial information in connection with small-dollar consumer credit transactions1 unless the person is directly providing the small-dollar consumer credit to the consumer4 7c7 ,definitions ,for purposes of this section-- 7#a7 the term sensitive personal financial information means the consumer's ,social ,security number1 financial account number1 bank routing number1 bank account number1 or any required security or access code that is immediately necessary to permit access to an individual's financial account2 and 7#b7 the term small-dollar consumer credit transaction has the same meaning as in section #aaj7;b74 7d7 ,rule of construction 7#a7 ,in general ,nothing in this section may be interpreted to limit the authority of the ,bureau to further restrict activities covered by this section4 7#b7 ,clarification ,it shall not be considered facilitating in connection with small-dollar consumer credit transactions to be engaged solely in one of the following activities3 7,a7 ,the provision of a telecommunications service1 or of an ,internet access service or ,internet information location tool 7as those terms are defined in section #bca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca774 7,b7 ,the transmission1 storage1 retrieval1 hosting1 formatting1 or translation 7or any combination thereof7 of a communication1 without selection or alteration of the content of the communication1 except that deletion of a particular communication or material made by another person in a manner consistent with section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c774 4 #e4 ,enhanced enforcement authority against certain ,internet lending ,the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended by inserting after section #ajh the following3 #ajh;,a4 ,enhanced enforcement authority relating to consumer financial activities by certain ,internet sites 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,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 7d74 7#b7 ,covered onshore person ,the term covered onshore person means a ,state government or an ,indian tribe4 7#c7 ,federal consumer financial law ,the term ,federal consumer financial law has the same meaning as in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha74 7#d7 ,financial transaction provider 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term financial transaction provider has the same meaning as in section #ecfb7d7 of title #ca1 ,united ,states ,code4 7,b7 ,exception ,the term financial transaction provider does not include an ,internet service platform or an affiliate of an ,internet service platform4 7#e7 ,indian tribe ,the term ,indian tribe has the same meaning as in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#f7 ,internet service platform ,the term ,internet service platform means an interactive digital service the provider of which-- 7,a7 does not act merely as a payment intermediary between a user and a supplier of goods or services2 and 7,b7 provides additional services to facilitate interaction between users unrelated to purchases from suppliers of goods and services4 7#g7 ,internet site ,the term ,internet site means the collection of digital assets1 including links1 indexes1 or pointers to digital assets1 accessible through the ,internet that are addressed relative to a common domain name4 7#h7 ,covered offshore person 7,a7 ,in general ,the term covered offshore person means a person 7and if such person is not known1 the ,internet site or other electronic representation of such person such as a telephone number1 text message service1 or mobile application7 that-- 7i7 conducts business directed to residents of the ,united ,states2 7ii7 does not have a domain name that is registered or assigned by a domain name registrar1 domain name registry1 or other domain name registration authority that is located within a judicial district of the ,united ,states2 and 7iii7 is not operated by an entity that is located within a judicial district of the ,united ,states4 7,b7 ,business directed to residents of the ,united ,states ,for purposes of making a determination under subparagraph 7,a77i71 the ,bureau may consider1 among other indicators1 whether-- 7i7 the person extends1 facilitates1 brokers1 arranges1 or gathers applications for credit to persons located in the ,united ,states2 7ii7 the person has reasonable measures in place to prevent its services from being accessed from or delivered to the ,united ,states2 and 7iii7 any prices for goods and services provided are indicated in the currency of the ,united ,states4 7#i7 ,operator ,the term operator1 when used in connection with an ,internet site1 includes any person with authority to operate the ,internet site4 7#aj7 ,owner ,the term owner1 when used in connection with an ,internet site1 includes any owner of a majority interest in the ,internet site4 7#aa7 ,state consumer financial law ,the term ,state consumer financial law means a provision of ,state law that either constitutes a ,state consumer financial law as that term is defined in section #eacf;,c of title ,,lxii of the ,revised ,statutes of the ,united ,states 7#ab ,u4,s4,c4 #ba et seq471 or prohibits unfair or deceptive acts or practices4 7b7 ,applicability of section ,it shall be a violation of this section-- 7#a7 for a covered offshore person to violate an applicable ,federal1 ,state1 or tribal consumer financial law2 and 7#b7 for a covered onshore person to violate an applicable ,federal1 ,state1 or tribal consumer financial law4 7c7 ,investigation of violations by ,bureau 7#a7 ,in general ,the ,bureau-- 7,a7 may investigate any alleged violation of subsection 7b7 on its own initiative2 and 7,b7 shall-- 7i7 review any alleged violation of subsection 7b7 upon receiving a complaint filed under subsection 7d72 and 7ii7 adjudicate and otherwise investigate and respond to such complaint1 as appropriate4 7#b7 ,consultations ,in taking action under paragraph 7#a71 the ,bureau shall1 as the ,bureau determines appropriate1 consult with and seek advice and information from the ,attorney ,general of the ,united ,states1 the ,federal ,trade ,commission1 the ,international ,trade ,commission1 the ,bureau of ,indian ,affairs 7in the case of matters involving an ,indian tribe71 federally recognized ,indian tribes 7in the case of rulemakings involving ,indian tribes71 and such other agencies and officials as the ,bureau considers appropriate4 7#c7 ,limitation on investigations of domain names2 consent to jurisdiction ,subject to such limitations as the ,bureau may1 by rule1 determine1 the ,bureau shall terminate1 or not initiate1 an investigation or adjudication under paragraph 7#a7 with respect to a person or a domain name-- 7,a7 if a person or the operator of the ,internet site associated with the domain name provides in a legal notice on the site accurate information consisting of-- 7i7 the name of an individual authorized to receive process on behalf of the site2 7ii7 an address at which process may be served2 7iii7 a telephone number at which the individual described in clause 7i7 may be contacted2 and 7iv7 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 consumer lending laws2 7,b7 provided that1 in the event of the filing of any civil action in the appropriate ,united ,states district court for a violation of ,state or tribal consumer lending laws1 the operator of the ,internet site accepts service and waives1 in a timely manner1 any objections to jurisdiction1 as set forth in the statement described in subparagraph 7,a77iv72 and 7,c7 provided that1 any limitations on investigations under this subsection shall not apply if-- 7i7 any of the information provided by the operator is inaccurate in any way2 or 7ii7 at any point1 the relevant party fails to respond to or abide by any order or request of the relevant court4 7#d7 ,rule of construction ,it shall not be considered a violation of this section to be engaged solely in one of the following activities3 7,a7 ,the provision of a telecommunications service1 or of an ,internet access service or ,internet information location tool 7as those terms are defined in section #bca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca774 7,b7 ,the transmission1 storage1 retrieval1 hosting1 formatting1 or translation 7or any combination thereof7 of a communication1 without selection or alteration of the content of the communication1 except that deletion of a particular communication or material made by another person in a manner consistent with section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c774 7d7 ,complaints 7#a7 ,in general ,a complaint alleging1 under oath1 that a covered onshore person or a covered offshore person is in violation of subsection 7b7 may be filed with the ,bureau4 7#b7 ,notice 7,a7 ,in general ,upon filing a complaint under paragraph 7#a71 if the identity of the covered offshore person is not known1 but the ,internet site or other electronic representation is1 the complainant shall send a notice of the violation alleged in the complaint to the registrant of the domain name of the ,internet site 7or relevant operator of the electronic representation7 alleged to be operated or maintained in violation of subsection 7b7-- 7i7 at the postal and e-mail addresses appearing in the applicable publicly accessible database of registrations1 if any1 to the extent such addresses are reasonably available2 7ii7 via the postal and e-mail addresses of the registrar1 registry1 or other domain name registration authority that registered or assigned the domain name1 to the extent such addresses are reasonably available2 and 7iii7 in any other such form as the ,bureau finds necessary4 7,b7 ,rule of construction ,for purposes of this subsection1 the actions described in this paragraph shall constitute service of process4 7#c7 ,identification of1 and notice to1 entities that may be required to take action pursuant to this section 7,a7 ,identification ,a complaint filed under paragraph 7#a7 shall identify any financial transaction provider that may be required to take measures described in subsection 7g77#b7 if the ,bureau issues an order under subsection 7f7 with respect to the complaint and the order is served on the provider or service pursuant to subsection 7g77#a74 7,b7 ,notice ,upon filing a complaint under paragraph 7#a71 the complainant shall provide notice to any financial transaction provider identified in the complaint pursuant to subparagraph 7,a7 or any amendments to the complaint4 7,c7 ,intervention 7i7 ,in general ,a financial transaction provider or identified in a complaint pursuant to subparagraph 7,a7 may intervene upon timely request filed with the ,bureau in-- 7,i7 an investigation initiated under subsection 7c7 pursuant to the complaint2 or 7,,ii7 pursuant to subsection 7f77#c71 an action to modify1 suspend1 or vacate an order issued pursuant to the complaint4 7ii7 ,rule of construction ,failure to intervene under clause 7i7 in an investigation under subsection 7c7 does not preclude a financial transaction provider notified of the investigation from subsequently seeking an order to modify1 suspend1 or vacate an order issued by the ,bureau under subsection 7f74 7e7 ,determinations 7#a7 ,in general ,the ,bureau shall determine1 with respect to each investigation initiated under subsection 7c71 whether the respective covered onshore person or covered offshore person under investigation is in violation of subsection 7b74 7#b7 ,effective date ,a determination made under paragraph 7#a7 shall take effect on the date on which the ,bureau publishes the determination in the ,federal ,register4 7#c7 ,electronic submission of information and proceedings ,the ,bureau may1 in making any determination under this section-- 7,a7 allow the submission of information electronically2 and 7,b7 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 proceedings4 7f7 ,cease and desist orders 7#a7 ,in general ,if the ,bureau determines under subsection 7e7 that the covered onshore person or covered offshore person is in violation of subsection 7b71 in addition to any actions which the ,bureau could otherwise take1 the ,bureau may-- 7,a7 issue an order to cease and desist from violation of subsection 7b7 to the covered onshore person or covered offshore person 7and if the identity of the covered offshore person is not known1 to the relevant ,internet site and to the owner and the operator of the ,internet site or relevant electronic representation72 and 7,b7 cause the order to be served on the relevant person4 7#b7 ,temporary and preliminary cease and desist orders 7,a7 ,petition by complainant ,a complainant may file with the ,bureau a petition1 in accordance with this paragraph1 for the issuance of a temporary or preliminary order4 7,b7 ,issuance of order ,if1 upon receiving a petition under subparagraph 7,a7 and after providing an opportunity to be heard under subparagraph 7,c71 the ,bureau determines that the covered onshore person or covered offshore person is in violation of subsection 7b71 in addition to any actions which the ,director could otherwise take1 the ,bureau may issue a temporary or preliminary cease and desist order against1 and cause the order to be served on the relevant person pursuant to paragraph 7#a74 7,c7 ,opportunity to be heard 7i7 ,in general ,before issuing a temporary or preliminary cease and desist order under this paragraph1 the ,bureau shall provide to any person 7including any applicable ,internet site or electronic representation and the owner and the operator of such ,internet site or electronic representation7 alleged to be in violation of subsection 7b7 an opportunity to be heard and to submit relevant information to the ,bureau4 7ii7 ,electronic submission of information and proceedings ,the ,bureau may provide an opportunity to be heard and to submit information under clause 7i7 electronically or in such other manner as the ,bureau determines appropriate4 7,d7 ,standard for relief ,if the ,bureau issues a temporary or preliminary cease and desist order under this paragraph1 the order shall be issued in a manner consistent with the provisions of rule #fe of the ,federal ,rules of ,civil ,procedure1 or any successor thereto1 relating to preliminary injunctions and temporary restraining orders4 7,e7 ,procedures for temporary cease and desist order 7i7 ,expedited consideration ,upon a showing of extraordinary circumstances by the complainant filing a petition for a temporary cease and desist order under subparagraph 7,a71 the ,bureau may make a determination with respect to the petition on an expedited basis4 7ii7 ,expiration of order 7,i7 ,in general ,except as provided in subclause 7,,ii71 a temporary cease and desist order issued under this paragraph shall expire at a time determined by the ,bureau that is not later than #ad days after the issuance of the order4 7,,ii7 ,extension of order ,the ,bureau may extend a temporary cease and desist order issued under this paragraph for additional periods of not more than #ad days for good cause or with the consent of the entity against which the order is issued4 7,f7 ,procedures for preliminary cease and desist order 7i7 ,in general ,except as provided in clause 7ii71 the ,bureau shall make a determination with respect to a petition for a preliminary cease and desist order not later than #cj days after the ,bureau publishes notice of the initiation of an investigation under subsection 7c7 in the ,federal ,register4 7ii7 ,extensions of time for determination ,the ,bureau may extend the date by which the ,bureau is required to make a determination under clause 7i7 with respect to a petition for a preliminary cease and desist order for an additional #cj days1 if the ,bureau-- 7,i7 determines that the petition presents a more complicated case2 and 7,,ii7 publishes in the ,federal ,register an explanation of why the ,bureau determined that the case is more complicated under subclause 7,i74 7#c7 ,modification or revocation of orders 7,a7 ,in general ,at any time after the issuance of an order under this subsection1 a motion to modify1 suspend1 or vacate the order may be filed by-- 7i7 any covered onshore person or covered offshore person bound by the order2 7ii7 the owner or operator of any ,internet site or electronic representation subject to the order2 7iii7 any domain name registrar or registry that has registered or assigned the domain name of the ,internet site subject to the order2 or 7iv7 a financial transaction provider on which a copy of an order has been served pursuant to paragraph 7#a7 of subsection 7g7 requiring the provider or service to take action described in paragraph 7#b7 of that subsection4 7,b7 ,relief ,the ,bureau shall modify1 suspend1 or vacate an order1 as appropriate1 if the ,bureau determines that-- 7i7 the subject to the order is no longer1 or never was in violation of subsection 7b72 or 7ii7 the interests of justice require that the order be modified1 suspended1 or vacated4 7,c7 ,consideration ,in making a determination under subparagraph 7,b71 the ,bureau may consider whether any domain name of an ,internet site 7or the relevant electronic representation7 subject to the order has expired or has been re-registered by a different entity4 7#d7 ,amendment of orders ,a complainant may petition the ,bureau to amend an order issued under this subsection if any relevant an ,internet site or electronic representation determined under subsection 7e7 to be in violation of subsection 7b7 is accessible or has been reconstituted at a different domain name4 7#e7 ,opportunity to be heard for certain entities ,before the ,bureau issues an order under this subsection or modifies1 suspends1 vacates1 or amends such an order under paragraph 7#c7 or 7#d71 a financial transaction provider that intervened pursuant to subsection 7d77#c7 in an investigation or action relating to the order shall have an opportunity to be heard before the ,bureau with respect to whether the ,bureau should issue the order and the scope of relief available under the order or whether the ,bureau should modify1 suspend1 vacate1 or amend the order1 as the case may be4 7#f7 ,expiration of orders with respect to internet site ,an order issued under this subsection against an ,internet site 7or relevant electronic representation7 shall cease to have any force or effect upon expiration of the registration of the domain name of the ,internet site 7or relevant electronic representation74 7g7 ,required actions based on bureau orders 7#a7 ,in general ,if the ,bureau reasonably believes that a financial transaction provider identified in a complaint pursuant to subsection 7d77#c71 or any amendment to the complaint1 supplies services to the covered onshore person or covered offshore person subject to the order issued under subsection 7f7 with respect to the complaint-- 7,a7 the ,bureau may give permission to the complainant to serve a copy of the order on the financial transaction provider2 7,b7 if the ,bureau gives permission to the complainant under subparagraph 7,a71 the complainant shall file proof of service with the ,bureau2 and 7,c7 upon receiving a copy of the order pursuant to subparagraph 7,a71 the financial transaction provider shall implement the measures described in paragraph 7#b74 7#b7 ,measures to be implemented by financial transaction providers 7,a7 ,in general ,subject to subparagraph 7,b71 a financial transaction provider shall1 as expeditiously as is reasonable1 take reasonable and technically feasible measures1 as expeditiously as reasonable1 designed to prevent or prohibit the completion of payment transactions by the provider that involve customers located in the ,united ,states and the covered onshore person or covered offshore person 7including the relevant ,internet site or electronic representation7 subject to the order issued under subsection 7f74 7,b7 ,limitations on measures ,a financial transaction provider may not be required pursuant to subparagraph 7,a7-- 7i7 to implement measures that are not commercially reasonable2 7ii7 to modify services or facilities of the provider to comply with the order issued under subsection 7f72 or 7iii7 to prevent or prohibit the completion of a payment transaction if the provider could not reasonably determine in advance whether the entity was using the ,internet site subject to the order4 7#c7 ,communication with users ,a financial transaction provider required to implement measures described in paragraph 7#b7 shall determine how to communicate with the users or customers of the provider or service1 as the case may be1 with respect to those measures4 7#d7 ,rules of construction 7,a7 ,limitation on obligations ,a financial transaction provider required to implement measures described in paragraph 7#b7 shall not be required to take measures or actions in addition to the measures described in paragraph 7#b7 pursuant to this section or an order issued under this section4 7,b7 ,manner of compliance ,a financial transaction provider required to implement measures described in paragraph 7#b7 shall be in compliance with this subsection if the provider implements the measures described in that paragraph with respect to accounts of the provider1 as of the date on which a copy of an order is served under paragraph 7#a7 or1 if applicable1 the date on which the order is modified or amended under paragraph 7#c7 or 7#d7 of subsection 7f74 7#e7 ,actions pursuant to bureau order 7,a7 ,immunity from civil actions ,no cause of action shall lie in any court against a financial transaction provider on which a copy of an order is served under paragraph 7#a71 or against any director1 officer1 employee1 or agent thereof1 other than in an action pursuant to subsection 7h71 for-- 7i7 any act reasonably designed to comply with this subsection or reasonably arising from the order2 or 7ii7 any act1 failure1 or inability to meet the obligations under this subsection of the provider or service if the provider or service1 as the case may be1 makes a good faith effort to comply with such obligations4 7,b7 ,immunity from liability ,a financial transaction provider on which a copy of an order is served under paragraph 7#a71 and any director1 officer1 employee1 or agent thereof1 shall not be liable to any person for any acts reasonably designed to comply with this subsection or reasonably arising from the order1 other than in an action pursuant to subsection 7h74 7,c7 ,immunity from actions of third parties ,an action taken by a third party to circumvent any measures implemented pursuant to an order served on a financial transaction provider under paragraph 7#a7 may not be used by any person in any claim or cause of action against the provider or service1 as the case may be1 other than in an action pursuant to subsection 7h74 7h7 ,enforcement of orders 7#a7 ,in general ,in order to compel compliance with this section1 the ,bureau and any ,state attorney general 7or other appropriate ,state or tribal entity7 having enforcement authority over prohibited activity may bring an action for injunctive relief against any person subject to an order issued under subsection 7f7 or on which such an order is served under subsection 7g7 that fails to comply with the order4 7#b7 ,rule of construction ,the authority granted to the ,bureau1 ,state1 and tribal authorities under paragraph 7#a7 shall be the sole legal remedy for enforcing the obligations under subsection 7g7 of a financial transaction provider on which an order is served under paragraph 7#a7 of that subsection4 7#c7 ,affirmative defenses ,a defendant in an action commenced under paragraph 7#a7 may establish an affirmative defense by showing that the defendant does not have the technical means to comply with this section without incurring an unreasonable economic burden or that the order is inconsistent with this section4 ,that showing shall serve as a defense only to the extent of the inability of the defendant to comply or to the extent of the inconsistency4 7i7 ,sanctions for abuse of process and discovery ,the ,bureau may1 by rule1 prescribe sanctions for abuse of process in a manner consistent with the provisions of rule #aa and rule #cg of the ,federal ,rules of ,civil ,procedure4 7j7 ,immunity for enforcement of orders ,no cause of action shall lie in any court1 no person may rely on any claim or cause of action1 and no liability for damages to any person shall be granted1 against a financial transaction provider for taking any action pursuant to subsection 7g77#b74 7k7 ,savings clause ,nothing in this section1 including subsection 7c71 may be construed to limit the authority or jurisdiction of the ,bureau or any ,state or tribe to review1 regulate1 investigate1 enforce against1 or otherwise restrict activities covered by this section4 4 #f4 ,studies ,not later than #ahj days after enactment of this section1 the ,government ,accountability ,office 7in this section referred to as the ,,gao7 shall conduct a study regarding the availability of capital on reservations of ,indian tribes 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 and the impact that small-dollar consumer credit extended through ,internet and non-,internet means to members of ,indian tribes has had on economic opportunity and wealth for members of ,indian tribes4 ,in conducting the study1 the ,,gao shall consult1 as appropriate1 with the ,bureau of ,consumer ,financial ,protection1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,bureau of ,indian ,affairs1 federally recognized ,indian tribes1 and community development financial institutions operating in ,indian lands4 ,the report shall be presented to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,financial ,services and the ,committee on ,natural ,resources of the ,house of ,representatives4 #g4 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,bureau shall adopt any final rules necessary to implement the provisions of this ,act and the amendments made by this ,act4