usc 12 § 5561
Definitions (BANKS AND BANKING (12 U.S.C.))
Operative Text
For purposes of this part, the following definitions shall apply: The term “Bureau investigation” means any inquiry conducted by a Bureau investigator for the purpose of ascertaining whether any person is or has been engaged in any conduct that is a violation, as defined in this section. The term “Bureau investigator” means any attorney or investigator employed by the Bureau who is charged with the duty of enforcing or carrying into effect any Federal consumer financial law. The term “custodian” means the custodian or any deputy custodian designated by the Bureau. The term “documentary material” includes the original or any copy of any book, document, record, report, memorandum, paper, communication, tabulation, chart, logs, electronic files, or other data or data compilations stored in any medium. The term “violation” means any act or omission that, if proved, would constitute a violation of any provision of Federal consumer financial law.
Section 5561 of Title 12 establishes the working vocabulary for the Consumer Financial Protection Bureau's (CFPB) investigative authority under this part of federal law. It defines key terms—such as 'Bureau investigation,' 'Bureau investigator,' 'custodian,' 'documentary material,' and 'violation'—that govern how the CFPB conducts inquiries into potential breaches of federal consumer financial law. The definitions are notably broad: 'documentary material,' for instance, covers originals and copies of virtually any recorded information in any medium, and a 'violation' encompasses both actions and failures to act that could constitute a breach of applicable law.
Plain English — not legal advice.
Although 12 U.S.C. § 5561 is a definitions provision rather than a direct operational rule, the scope of terms it establishes has practical significance for any business subject to federal consumer financial law, including those involved in residential mortgage lending or servicing. Compliant operators generally maintain thorough and organized records across all formats—paper, electronic, and otherwise—because the broad definition of 'documentary material' under § 5561 means that virtually any business record could fall within the scope of a Bureau investigation. Operators familiar with these definitions are better positioned to understand the full reach of a CFPB inquiry if one arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For consumers, 12 U.S.C. § 5561 is foundational context: it defines the terms that frame how the CFPB investigates potential violations of federal consumer financial law, including laws that protect borrowers and renters in financial transactions. Understanding that a 'violation' under § 5561 includes both wrongful acts and wrongful omissions means that a financial service provider's failure to act—not just an affirmative harmful act—can trigger a Bureau investigation. Tenants or borrowers who believe a financial service provider has breached federal consumer financial law may consider filing a complaint with the CFPB directly or reaching out to a tenant-rights or consumer-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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