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15 U.S.C. § 1693i — Issuance of cards or other means of access
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(b) Exceptions** Notwithstanding the provisions of subsection (a), a person may distribute to a consumer on an unsolicited basis a card, code, or other means of access for use in initiating an electronic fund transfer from such consumer’s account, if—
(1) such card, code, or other means of access is not validated;
(2) such distribution is accompanied by a complete disclosure, in accordance with [section 1693c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693c&num=0&edition=prelim), of the consumer’s rights and liabilities which will apply if such card, code, or other means of access is validated;
(3) such distribution is accompanied by a clear explanation, in accordance with regulations of the Bureau, that such card, code, or other means of access is not validated and how the consumer may dispose of such code, card, or other means of access if validation is not desired; and
(4) such card, code, or other means of access is validated only in response to a request or application from the consumer, upon verification of the consumer’s identity.
**(c) Validation** For the purpose of subsection (b), a card, code, or other means of access is validated when it may be used to initiate an electronic fund transfer.
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Stable record: federal_law:legal_authorities:record_usc_070a15debf5ce6b057ead635
Source file: Laws/federal/codes/united-states-code/title-15/section-1693i-issuance-of-cards-or-other-means-of-access--6a2d94902d.md
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Passage SHA-256: 425b8587f2acf4bb1ad348892cf2dba7887566d9417b37d5f42b6c24a4ac31f8
Source location: Title 15, Chapter 41, § 1693i; chapter-041-consumer-credit-protection.md
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**(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.
**(b) Exceptions** Notwithstanding the provisions of subsection (a), a person may distribute to a consumer on an unsolicited basis a card, code, or other means of access for use in initiating an electronic fund transfer from such consumer’s account, if—
(1) such card, code, or other means of access is not validated;
(2) such distribution is accompanied by a complete disclosure, in accordance with [section 1693c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693c&num=0&edition=prelim), of the consumer’s rights and liabilities which will apply if such card, code, or other means of access is validated;
(3) such distribution is accompanied by a clear explanation, in accordance with regulations of the Bureau, that such card, code, or other means of access is not validated and how the consumer may dispose of such code, card, or other means of access if validation is not desired; and
(4) such card, code, or other means of access is validated only in response to a request or application from the consumer, upon verification of the consumer’s identity.
**(c) Validation** For the purpose of subsection (b), a card, code, or other means of access is validated when it may be used to initiate an electronic fund transfer.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
(1) the consumer’s liability for unauthorized electronic fund transfers and, at the financial institution’s option, notice of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card, code, or other means of access;
(2) the telephone number and address of the person or office to be notified in the event the consumer believes than 11 So in original. Probably should be “that”. an unauthorized electronic fund transfer has been or may be effected;
(3) the type and nature of electronic fund transfers which the consumer may initiate, including any limitations on the frequency or dollar amount of such transfers, except that the details of such limitations need not be disclosed if their confidentiality is necessary to maintain the security of an electronic fund transfer system, as determined by the Bureau;
(4) any charges for electronic fund transfers or for the right to make such transfers;
(5) the consumer’s right to stop payment of a preauthorized electronic fund transfer and the procedure to initiate such a stop payment order;
(6) the consumer’s right to receive documentation of electronic fund transfers under [section 1693d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693d&num=0&edition=prelim);
(7) a summary, in a form prescribed by regulations of the Bureau, of the error resolution provisions of [section 1693f of this tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1652
TITLE 15—COMMERCE AND TRADE
§ 1693h
1 So in original. Probably should be ‘‘financial’’.
Editorial Notes
REFERENCES IN TEXT
Section 1602(e) of this title, referred to in subsec. (c),
was redesignated section 1602(f) of this title by Pub. L.
111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.
§ 1693h. Liability of financial institutions
(a) Action or failure to act proximately causing
damages
Subject to subsections (b) and (c), 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 accord-
ance with the terms and conditions of an ac-
count, in the correct amount or in a timely
manner when properly instructed to do so by
the consumer, except where—
(A) the consumer’s account has insuffi-
cient funds;
(B) the funds are subject to legal process
or other encumbrance restricting such trans-
fer;
(C) such transfer would exceed an estab-
lished credit limit;
(D) an electronic terminal has insufficient
cash to complete the transaction; or
(E) as otherwise provided in regulations of
the Bureau;
(2) the financial institution’s failure to
make an electronic fund transfer due to insuf-
ficient funds when the financal 1 institution
failed to credit, in accordance with the terms
and conditions of an account, a deposit of
funds to the consumer’s account which would
have provided sufficient funds to make the
transfer, and
(3) the financial institution’s failure to stop
payment of a preauthorized transfer from a
consumer’s account when instructed to do so
in accordance with the terms and conditions
of the account.
(b) Acts of God and technical malfunctions
A financial institution shall not be liable
under subsection
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1693i
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