; and (ii) prevailing interest rate levels threaten the safety and soundness of individual lenders, as evidenced by adverse trends in liquidity, capital, earnings, and growth. (B) Treatment of credit unions The limitation in paragraph (1) does not apply with respect to any extension of credit by an insured credit union, as that term is defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (3) Penalties for charging higher rates (A) Violation The taking, receiving, reserving, or charging of an annual percentage rate or fee greater than that permitted by paragraph (1), when knowingly done, shall be deemed a violation of this title, and a forfeiture of the entire interest which the note, bill, or other evidence of the obligation carries with it, or which has been agreed to be paid thereon. (B) Refund of interest amounts If an annual percentage rate or fee greater than that permitted under paragraph (1) has been paid, the person by whom it has been paid, or the legal representative thereof, may, by bringing an action not later than 2 years after the date on which the usurious collection was last made, recover back from the lender in an action in the nature of an action of debt, the entire amount of interest, finance charges, or fees paid. (4) Civil liability Any creditor who violates this subsection shall be subject to the provisions of section 130. (g) Relation to State law Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. . (b) Civil liability conforming amendment Section 130(a) of the Truth in Lending Act ( 15 U.S.C. 1640(a) ) is amended by inserting section 107(f), before this chapter .