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Consumer Banking and Payments Law: 15 U.S.C. § 1693c. Terms and conditions of transfers

(a) Disclosures; time; form; contents

The terms and conditions of electronic fund transfers involving a consumer’s account shall be disclosed at the time the consumer contracts for an electronic fund transfer service, in accordance with regulations of the Bureau. Such disclosures shall be in readily understandable language and shall include, to the extent applicable—

Consumer Banking and Payments Law: 15 U.S.C. § 1693d. Documentation of transfers

(a) Availability of written documentation to consumer; contents

For each electronic fund transfer initiated by a consumer from an electronic terminal, the financial institution holding such consumer’s account shall, directly or indirectly, at the time the transfer is initiated, make available to the consumer written documentation of such transfer. The documentation shall clearly set forth to the extent applicable—

Consumer Banking and Payments Law: 15 U.S.C. § 1693e. Preauthorized transfers

(a) A preauthorized electronic fund transfer from a consumer’s account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer.

Consumer Banking and Payments Law: 15 U.S.C. § 1693f. Error resolution

(a) Notification to financial institution of error

If a financial institution, within sixty days after having transmitted to a consumer documentation pursuant to section 1693d(a), (c), or (d) of this title or notification pursuant to section 1693d(b) of this title, receives oral or written notice in which the consumer—

(1) sets forth or otherwise enables the financial institution to identify the name and account number of the consumer;

Consumer Banking and Payments Law: 15 U.S.C. § 1693h. Liability of financial institutions

(a) Action or failure to act proximately causing damages

Subject to subsections (b) and (c) of this section, a financial institution shall be liable to a consumer for all damages proximately caused by—

(1) the financial institution’s failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where—

Consumer Banking and Payments Law: 15 U.S.C. § 1693i. Issuance of cards or other means of access

(a) Prohibition; proper issuance

No person may issue to a consumer any card, code, or other means of access to such consumer’s account for the purpose of initiating an electronic fund transfer other than—

(1) in response to a request or application therefor; or

(2) as a renewal of, or in substitution for, an accepted card, code, or other means of access, whether issued by the initial issuer or a successor.

Consumer Banking and Payments Law: 15 U.S.C. § 1693j. Suspension of obligations

If a system malfunction prevents the effectuation of an electronic fund transfer initiated by a consumer to another person, and such other person has agreed to accept payment by such means, the consumer’s obligation to the other person shall be suspended until the malfunction is corrected and the electronic fund transfer may be completed, unless such other person has subsequently, by written request, demanded payment by means other than an electronic fund transfer.

Consumer Banking and Payments Law: 15 U.S.C. § 1693k. Compulsory use of electronic fund transfers

No person may—

(1) condition the extension of credit to a consumer on such consumer’s repayment by means of preauthorized electronic fund transfers; or

(2) require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit.

[Pub. L. No. 90-321, as added by Pub. L. No. 95-630, 92 Stat. 3737 (Nov. 10, 1978)]

Consumer Banking and Payments Law: 15 U.S.C. § 1693l. Waiver of rights

No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this subchapter or a waiver given in settlement of a dispute or action.

[Pub. L. No. 90-321, as added by Pub. L. No. 95-630, 92 Stat. 3737 (Nov. 10, 1978)]

Consumer Banking and Payments Law: FLORIDA

Fla. Stat. § 668.50

Date enacted: The Act was approved May 26, 2000, and effective July 1, 2000.

Non-Uniform Sections: § 11(b): additional requirements for notaries; § 15(h), time and place: adds section; § 18(d): adds service charge and fee to the government sections.

E-Sign Consumer Protections: not explicit.

Consumer Banking and Payments Law: IDAHO

Idaho Code §§ 28-50-101 to 28-50-120

Date enacted: The Act was approved April 14, 2000, and effective July 1, 2000.

Non-Uniform Sections: § 28-50-102(10): definition of “information” specifically excludes electronic transfers of funds to or from the state; § 28-50-107(e): if a law requires any notice or other record to be sent by certified mail, the record may, with the express consent of the recipient, be transmitted electronically.

Consumer Banking and Payments Law: IOWA

Iowa Code §§ 554D.101 to 554D.124

Date enacted: The Act was approved May 15, 2000, and effective July 1, 2000.

Non-Uniform Sections: § 554D.112, effect of change or error: adds (4) in a consumer transaction, any substantive law limiting a consumer’s liability shall apply to an e-transaction.

E-Sign Consumer Protections: not explicit.

Consumer Banking and Payments Law: KANSAS

Kan. Stat. Ann. §§ 16-1601 to 16-1620

Date enacted: The Act was approved April 19, 2000.

Non-Uniform Sections: § 16-1602: adds definitions for digital signature, message, registered certification authority, and secretary; § 16-1617, registered certification authorities: new section; § 16-1618, rules and regulations: secretary may adopt rules and regulations to implement §§ 16-1617 and 16-1619; § 16-1619, reciprocity with other jurisdictions.

Consumer Banking and Payments Law: LOUISIANA

La. Stat. Ann. §§ 9:2601 to 9:2621

Date enacted: The Act was approved June 1, 2001, and effective July 1, 2001.

Non-Uniform Sections: § 9:2603.1: added provision in 2009 entitled “Electronic applications for all warrants; signatures; electronic judicial records.”

Consumer Banking and Payments Law: MAINE

Me. Stat. tit. 10, §§ 9401 to 9420

Date enacted: The Act was approved May 8, 2000, and effective July 1, 2000.

Non-Uniform Sections: omits severability clause; § 9420: added provision in 2011 entitled “Paperless billing.”

E-Sign Consumer Protections: not explicit.