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26 U.S.C. § 6311 — Payment of tax by commercially acceptable means

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

26 U.S.C. § 6311 — Payment of tax by commercially acceptable means

**(a) Authority to receive** It shall be lawful for the Secretary to receive for internal revenue taxes (or in payment for internal revenue stamps) any commercially acceptable means that the Secretary deems appropriate to the extent and under the conditions provided in regulations prescribed by the Secretary. **(b) Ultimate liability** If a check, money order, or other method of payment, including payment by credit card, debit card, or charge card so received is not duly paid, or is paid and subsequently charged back to the Secretary, the person by whom such check, or money order, or other method of payment has been tendered shall remain liable for the payment of the tax or for the stamps, and for all legal penalties and additions, to the same extent as if such check, money order, or other method of payment had not been tendered. **(c) Liability of banks and others** If any certified, treasurer’s, or cashier’s check (or other guaranteed draft), or any money order, or any other means of payment that has been guaranteed by a financial institution (such as a credit card, debit card, or charge card transaction which has been guaranteed expressly by a financial institution) so received is not duly paid, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for— (1) the amount of such check (or draft) upon all assets of the financial institution on which drawn, (2) the amount of such money order upon all the assets of the issuer thereof, or (3) the guaranteed amount of any other transaction upon all the assets of the institution making such guarantee, and such amount shall be paid out of such assets in preference to any other claims whatsoever against such financial institution, issuer, or guaranteeing

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Source location: Title 26, Chapter 64, § 6311; chapter-064-collection.md

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**(a) Authority to receive** It shall be lawful for the Secretary to receive for internal revenue taxes (or in payment for internal revenue stamps) any commercially acceptable means that the Secretary deems appropriate to the extent and under the conditions provided in regulations prescribed by the Secretary. **(b) Ultimate liability** If a check, money order, or other method of payment, including payment by credit card, debit card, or charge card so received is not duly paid, or is paid and subsequently charged back to the Secretary, the person by whom such check, or money order, or other method of payment has been tendered shall remain liable for the payment of the tax or for the stamps, and for all legal penalties and additions, to the same extent as if such check, money order, or other method of payment had not been tendered. **(c) Liability of banks and others** If any certified, treasurer’s, or cashier’s check (or other guaranteed draft), or any money order, or any other means of payment that has been guaranteed by a financial institution (such as a credit card, debit card, or charge card transaction which has been guaranteed expressly by a financial institution) so received is not duly paid, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for— (1) the amount of such check (or draft) upon all assets of the financial institution on which drawn, (2) the amount of such money order upon all the assets of the issuer thereof, or (3) the guaranteed amount of any other transaction upon all the assets of the institution making such guarantee, and such amount shall be paid out of such assets in preference to any other claims whatsoever against such financial institution, issuer, or guaranteeing institution, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such financial institution. **(d) Payment by other means** (1) **Authority to prescribe regulations** — The Secretary shall prescribe such regulations as the Secretary deems necessary to receive payment by commercially acceptable means, including regulations that— (A) specify which methods of payment by commercially acceptable means will be acceptable, (B) specify when payment by such means will be considered received, (C) identify types of nontax matters related to payment by such means that are to be resolved by persons ultimately liable for payment and financial intermediaries, without the involvement of the Secretary, and (D) ensure that tax matters will be resolved by the Secretary, without the involvement of financial intermediaries. (2) **Authority to enter into contracts** — Notwithstanding [section 3718(f) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718/f&num=0&edition=prelim), United States Code, the Secretary is authorized to enter into contracts to obtain services related to receiving payment by other means where cost beneficial to the Government. The Secretary may not pay any fee or provide any other consideration under any such contract for the use of credit, debit, or charge cards for the payment of taxes imposed by subtitle A. The preceding sentence shall not apply to the extent that the Secretary ensures that any such fee or other consideration is fully recouped by the Secretary in the form of fees paid to the Secretary by persons paying taxes imposed under subtitle A with credit, debit, or charge cards pursuant to such contract. Notwithstanding the preceding sentence, the Secretary shall seek to minimize the amount of any fee or other consideration that the Secretary pays under any such contract. (3) **Special provisions for use of credit cards** — If use of credit cards is accepted as a method of payment of taxes pursuant to subsection (a)— (A) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a credit card shall not be subject to section 161 of the Truth in Lending Act ([15 U.S.C. 1666](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1666&num=0&edition=prelim)), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the credit card account such as a computational error or numerical transposition in the credit card transaction or an issue as to whether the person authorized payment by use of the credit card, (B) a payment of internal revenue taxes (or a payment for internal revenue stamps) shall not be subject to section 170 of the Truth in Lending Act ([15 U.S.C. 1666i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1666i&num=0&edition=prelim)), or to any similar provisions of State law, (C) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a debit card shall not be subject to section 908 of the Electronic Fund Transfer Act ([15 U.S.C. 1693f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693f&num=0&edition=prelim)), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the debit card account such as a computational error or numerical transposition in the debit card transaction or an issue as to whether the person authorized payment by use of the debit card, (D) the term “creditor” under section 103(g) of the Truth in Lending Act ([15 U.S.C. 1602(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1602/g&num=0&edition=prelim)) shall not include the Secretary with respect to credit card transactions in payment of internal revenue taxes (or payment for internal revenue stamps), and (E) notwithstanding any other provision of law to the contrary, in the case of payment made by credit card or debit card transaction of an amount owed to a person as the result of the correction of an error under section 161 of the Truth in Lending Act ([15 U.S.C. 1666](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1666&num=0&edition=prelim)) or section 908 of the Electronic Fund Transfer Act ([15 U.S.C. 1693f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693f&num=0&edition=prelim)), the Secretary is authorized to provide such amount to such person as a credit to that person’s credit card or debit card account through the applicable credit card or debit card system. **(e) Confidentiality of information** (1) **In general** — Except as otherwise authorized by this subsection, no person may use or disclose any information relating to credit or debit card transactions obtained pursuant to section 6103(k)(9) other than for purposes directly related to the processing of such transactions, or the billing or collection of amounts charged or debited pursuant thereto. (2) **Exceptions** (A) Debit or credit card issuers or others acting on behalf of such issuers may also use and disclose such information for purposes directly related to servicing an issuer’s accounts. (B) Debit or credit card issuers or others directly involved in the processing of credit or debit card transactions or the billing or collection of amounts charged or debited thereto may also use and disclose such information for purposes directly related to— (i) statistical risk and profitability assessment; (ii) transferring receivables, accounts, or interest therein; (iii) auditing the account information; (iv) complying with Federal, State, or local law; and (v) properly authorized civil, criminal, or regulatory investigation by Federal, State, or local authorities. (3) **Procedures** — Use and disclosure of information under this paragraph shall be made only to the extent authorized by written procedures promulgated by the Secretary. (4) **Cross reference** — For provision providing for civil damages for violation of paragraph (1), see section 7431.

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

26 U.S.C. § 1 — Tax imposed

**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of— (1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and (2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000. **(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000. **(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50

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

26 U.S.C. § 86 — Social security and tier 1 railroad retirement benefits

**(a) In general** (1) **In general** — Except as provided in paragraph (2), gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of— (A) one-half of the social security benefits received during the taxable year, or (B) one-half of the excess described in subsection (b)(1). (2) **Additional amount** — In the case of a taxpayer with respect to whom the amount determined under subsection (b)(1)(A) exceeds the adjusted base amount, the amount included in gross income under this section shall be equal to the lesser of— (A) the sum of— (i) 85 percent of such excess, plus (ii) the lesser of the amount determined under paragraph (1) or an amount equal to one-half of the difference between the adjusted base amount and the base amount of the taxpayer, or (B) 85 percent of the social security benefits received during the taxable year. **(b) Taxpayers to whom subsection (a) applies** (1) **In general** — A taxpayer is described in this subsection if— (A) the sum of— (i) the modified adjusted gross income of the taxpayer for the taxable year, plus (ii) one-half of the social security benefits received during the taxable year, exceeds (B) the base amount. (2) **Modified adjusted gross income** — For purposes of this subsection, the term “modified adjusted gross income” means adjusted gross income— (A) determined without regard to this section and sections 85(c), 135, 137, 221, 911, 931, and 933, and (B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. **(c) Base amount and adjusted base amount** For purposes of this

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

26 U.S.C. § 6103 — Confidentiality and disclosure of returns and return information

**(a) General rule** Returns and return information shall be confidential, and except as authorized by this title— (1) no officer or employee of the United States, (2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any tribal or local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and (3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (8), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n), shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee. **(b) Definitions** For purposes of this section— (1) **Return** — The term “return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed. (2) **Return information** — The term “return information” means— (

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

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693d/b&num=0&edition=prelim), 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; (2) indicates the consumer’s belief that the documentation, or, in the case of notification pursuant to [section 1693d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693d/b&num=0&edition=prelim), the consumer’s account, contains an error and the amount of such error; and (3) sets forth the reasons for the consumer’s belief (where applicable) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within ten business days. The financial institution may require written confirmation to be provided to it within ten business days of an oral notification of error if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent. A financial institution which requires written confirmation in accordance with the previous sentence need not provisionally recredit a consumer’s account in accordance with subsection (c), nor shall the financial institution be liable under subsection (e) if the written confirmation is not received within the ten-day period r

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

15 U.S.C. § 1666 — Correction of billing errors

**(a) Written notice by obligor to creditor; time for and contents of notice; procedure upon receipt of notice by creditor** If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor’s account in connection with an extension of consumer credit, receives at the address disclosed under [section 1637(b)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1637/b/10&num=0&edition=prelim) a written notice (other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under [section 1637(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1637/a/7&num=0&edition=prelim)) from the obligor in which the obligor— (1) sets forth or otherwise enables the creditor to identify the name and account number (if any) of the obligor, (2) indicates the obligor’s belief that the statement contains a billing error and the amount of such billing error, and (3) sets forth the reasons for the obligor’s belief (to the extent applicable) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct— (A) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph (B) is taken within such thirty-day period, and (B) not later than two complete billing cycles of the creditor (in no event later than ninety days) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obli

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

15 U.S.C. § 1666i — Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction; prerequisites; limitation on amount of claims or defenses

**(a) Claims and defenses assertible** Subject to the limitation contained in subsection (b), a card issuer who has issued a credit card to a cardholder pursuant to an open end consumer credit plan shall be subject to all claims (other than tort claims) and defenses arising out of any transaction in which the credit card is used as a method of payment or extension of credit if (1) the obligor has made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card; (2) the amount of the initial transaction exceeds $50; and (3) the place where the initial transaction occurred was in the same State as the mailing address previously provided by the cardholder or was within 100 miles from such address, except that the limitations set forth in clauses (2) and (3) with respect to an obligor’s right to assert claims and defenses against a card issuer shall not be applicable to any transaction in which the person honoring the credit card (A) is the same person as the card issuer, (B) is controlled by the card issuer, (C) is under direct or indirect common control with the card issuer, (D) is a franchised dealer in the card issuer’s products or services, or (E) has obtained the order for such transaction through a mail solicitation made by or participated in by the card issuer in which the cardholder is solicited to enter into such transaction by using the credit card issued by the card issuer. **(b) Amount of claims and defenses assertible** The amount of claims or defenses asserted by the cardholder may not exceed the amount of credit outstanding with respect to such transaction at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim

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

15 U.S.C. § 1602 — Definitions and rules of construction

**(a)** The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. **(b) Bureau.—** The term “Bureau” means the Bureau of Consumer Financial Protection. **(c)** The term “Board” refers to the Board of Governors of the Federal Reserve System. **(d)** The term “organization” means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. **(e)** The term “person” means a natural person or an organization. **(f)** The term “credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. **(g)** The term “creditor” refers only to a person who both (1) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637(a)(5), 1637(a)(6), 1637(a)(7), 1637(b)(1), 1637(b)(2), 1637(b)(3), 1637(b)(8), and 1637(b)(10) of this title, the term “creditor” shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge

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

15 U.S.C. § 1602 — Definitions and rules of construction

Page 1455 TITLE 15—COMMERCE AND TRADE § 1602 gage loans through the use of disclosures, the Board may, by rule, exempt from or modify disclosure re- quirements, in whole or in part, for any class of resi- dential mortgage loans if the Board determines that such exemption or modification is in the interest of consumers and in the public interest.’’ ANALYSIS OF FURTHER RESTRICTIONS ON OFFERS OF CREDIT OR INSURANCE Pub. L. 108–159, title II, § 213(e), Dec. 4, 2003, 117 Stat. 1979, provided that: ‘‘(1) IN GENERAL.—The Board shall conduct a study of— ‘‘(A) the ability of consumers to avoid receiving written offers of credit or insurance in connection with transactions not initiated by the consumer; and ‘‘(B) the potential impact that any further restric- tions on providing consumers with such written of- fers of credit or insurance would have on consumers. ‘‘(2) REPORT.—The Board shall submit a report sum- marizing the results of the study required under para- graph (1) to the Congress not later than 12 months after the date of enactment of this Act [Dec. 4, 2003], to- gether with such recommendations for legislative or administrative action as the Board may determine to be appropriate. ‘‘(3) CONTENT OF REPORT.—The report described in paragraph (2) shall address the following issues: ‘‘(A) The current statutory or voluntary mecha- nisms that are available to a consumer to notify lenders and insurance providers that the consumer does not wish to receive written offers of credit or in- surance. ‘‘(B) The extent to which consumers are currently utilizing existing statutory and voluntary mecha- nisms to avoid receiving offers of credit or insurance. ‘‘(C) The benefits provided to consumers as a result of receiving written offers of credit or insurance. ‘

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

15 U.S.C. § 1666 — Correction of billing errors

Page 1539 TITLE 15—COMMERCE AND TRADE § 1666 1740; amended Pub. L. 111–203, title X, § 1100A(2), July 21, 2010, 124 Stat. 2107.) Editorial Notes AMENDMENTS 2010—Subsecs. (b) to (e). Pub. L. 111–203, § 1100A(2), which directed amendment of this section by sub- stituting ‘‘Bureau’’ for ‘‘Board’’ wherever appearing, was executed by making the substitution for ‘‘Board’’ the first time appearing in subsecs. (b) and (e), and wherever appearing in subsecs. (c) and (d), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an Effective Date of 2009 Amend- ment note under section 1602 of this title. § 1665e. Consideration of ability to repay A card issuer may not open any credit card ac- count for any consumer under an open end con- sumer credit plan, or increase any credit limit applicable to such account, unless the card issuer considers the ability of the consumer to make the required payments under the terms of such account. (Pub. L. 90–321, title I, § 150, as added Pub. L. 111–24, title I, § 109(a), May 22, 2009, 123 Stat. 1743.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an Effective Date of 2009 Amend- ment note under section 1602 of this title. PART D—CREDIT BILLING § 1666. Correction of bill

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

15 U.S.C. § 1666i — Assertion by cardholder against card

Page 1543 TITLE 15—COMMERCE AND TRADE § 1666i pose of inducing payment by cash, check, or other means not involving the use of a credit card shall not constitute a finance charge as determined under sec- tion 1605 of this title, if such discount is offered to all prospective buyers and its availability is disclosed to all prospective buyers clearly and conspicuously in ac- cordance with regulations of the Board’’. 1976—Subsec. (a). Pub. L. 94–222 temporarily des- ignated existing provisions as par. (1) and added par. (2). See Termination Date of 1976 Amendment note below. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 1976 AMENDMENT Section 3(c)(2) of Pub. L. 94–222, as amended by Pub. L. 95–630, title XV, § 1501, Nov. 10, 1978, 92 Stat. 3713; Pub. L. 97–25, title II, § 201, July 27, 1981, 95 Stat. 44, pro- vided that: ‘‘The amendments made by paragraph (1) [amending this section] shall cease to be effective on February 27, 1984.’’ NULLIFICATION OF BOARD RULES AND REGULATIONS UNDER SUBSECTION (b) OF THIS SECTION IN EFFECT ON JULY 26, 1981 Pub. L. 97–25, title I, § 103, July 27, 1981, 95 Stat. 144, provided that: ‘‘Any rule or regulation of the Board of Governors of the Federal Reserve System pursuant to section 167(b) of the Truth in Lending Act [subsec. (b) of this section], as such section was in effect on the day before the date of enactment of this Act [July 27, 1981], is null and void.’’ § 1666g. Tie-in services prohibited for issuance of credit card Notwithstanding any agreement to the con- trary, a card issuer may not require a seller, as a condition to participating in a credit card plan, to open an account with or procure any other service from the card issuer or its sub- sidiary or agent. (Pub. L. 90–321, title I, § 16

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