4-4A-108. Relationship to Electronic Fund Transfer Act.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-4A-108. Relationship to Electronic Fund Transfer Act.

4-4A-108. Relationship to Electronic Fund Transfer Act. (a) Except as provided in subsection (b), this chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) as amended from time to time. (b) This chapter applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693 et seq.) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693a) as amended from time to time. (c) In a funds transfer to which this chapter applies, in the event of an inconsistency between an applicable provision of this chapter and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-4A-108

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1693 — Congressional findings and declaration of purpose

**(a) Rights and liabilities undefined** The Congress finds that the use of electronic systems to transfer funds provides the potential for substantial benefits to consumers. However, due to the unique characteristics of such systems, the application of existing consumer protection legislation is unclear, leaving the rights and liabilities of consumers, financial institutions, and intermediaries in electronic fund transfers undefined. **(b) Purposes** It is the purpose of this subchapter to provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. The primary objective of this subchapter, however, is the provision of individual consumer rights.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693

Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 1693. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1693 — Congressional findings and declaration of

Page 1644 TITLE 15—COMMERCE AND TRADE § 1693 1 See References in Text note below. 2 So in original. There are two pars. designated ‘‘(4)’’ and no par. (3). institution holding such account without pro- viding notice to the person at the time the check was made, drawn, or delivered; (4) a check for partial payment of a debt where the payee had previously accepted par- tial payment for such debt; (5) a check issued by a person who was not competent, or was not of legal age, to enter into a legal contractual obligation at the time the check was made, drawn, or delivered; or (6) a check issued to pay an obligation aris- ing from a transaction that was illegal in the jurisdiction of the State or district attorney at the time the check was made, drawn, or de- livered. (c) Definitions For purposes of this section, the following definitions shall apply: (1) State or district attorney The term ‘‘State or district attorney’’ means the chief elected or appointed prosecuting at- torney in a district, county (as defined in sec- tion 2 of title 1), municipality, or comparable jurisdiction, including State attorneys general who act as chief elected or appointed pros- ecuting attorneys in a district, county (as so defined), municipality or comparable jurisdic- tion, who may be referred to by a variety of ti- tles such as district attorneys, prosecuting at- torneys, commonwealth’s attorneys, solici- tors, county attorneys, and state’s attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction- specific local ordinances. (2) Check The term ‘‘check’’ has the same meaning as in section 5002(6) of title 12. (3) Bad check violation The term ‘‘bad check violation’’ means a violation of the applicable State criminal law

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1693

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1693. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1693a — Definitions

As used in this subchapter— (1) the term “accepted card or other means of access” means a card, code, or other means of access to a consumer’s account for the purpose of initiating electronic fund transfers when the person to whom such card or other means of access was issued has requested and received or has signed or has used, or authorized another to use, such card or other means of access for the purpose of transferring money between accounts or obtaining money, property, labor, or services; (2) the term “account” means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i) 11 See References in Text note below. of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement; (4) 22 So in original. There are two pars. designated “(4)” and no par. (3). the term “Board” means the Board of Governors of the Federal Reserve System; (4) 2 the term “Bureau” means the Bureau of Consumer Financial Protection; (5) the term “business day” means any day on which the offices of the consumer’s financial institution involved in an electronic fund transfer are open to the public for carrying on substantially all of its business functions; (6) the term “consumer” means a natural person; (7) the term “electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial insti

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693a

Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 1693a. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1693a — Definitions

Page 1644 TITLE 15—COMMERCE AND TRADE § 1693 1 See References in Text note below. 2 So in original. There are two pars. designated ‘‘(4)’’ and no par. (3). institution holding such account without pro- viding notice to the person at the time the check was made, drawn, or delivered; (4) a check for partial payment of a debt where the payee had previously accepted par- tial payment for such debt; (5) a check issued by a person who was not competent, or was not of legal age, to enter into a legal contractual obligation at the time the check was made, drawn, or delivered; or (6) a check issued to pay an obligation aris- ing from a transaction that was illegal in the jurisdiction of the State or district attorney at the time the check was made, drawn, or de- livered. (c) Definitions For purposes of this section, the following definitions shall apply: (1) State or district attorney The term ‘‘State or district attorney’’ means the chief elected or appointed prosecuting at- torney in a district, county (as defined in sec- tion 2 of title 1), municipality, or comparable jurisdiction, including State attorneys general who act as chief elected or appointed pros- ecuting attorneys in a district, county (as so defined), municipality or comparable jurisdic- tion, who may be referred to by a variety of ti- tles such as district attorneys, prosecuting at- torneys, commonwealth’s attorneys, solici- tors, county attorneys, and state’s attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction- specific local ordinances. (2) Check The term ‘‘check’’ has the same meaning as in section 5002(6) of title 12. (3) Bad check violation The term ‘‘bad check violation’’ means a violation of the applicable State criminal law

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1693a

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1693a. This identifies an authority to review, not proof of applicability.

4-4A-108. Relationship to Electronic Fund Transfer Act.