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15 U.S.C. § 1693f — Error resolution

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

15 U.S.C. § 1693f — Error resolution

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Stable record: federal_law:legal_authorities:record_usc_96be8bb6ab00c625da53e0a3
Source file: Laws/federal/codes/united-states-code/title-15/section-1693f-error-resolution--0d2fdad8d9.md
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Source location: Title 15, Chapter 41, § 1693f; chapter-041-consumer-credit-protection.md

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**(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 referred to in the previous sentence. **(b) Correction of error; interest** If the financial institution determines that an error did occur, it shall promptly, but in no event more than one business day after such determination, correct the error, subject to [section 1693g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693g&num=0&edition=prelim), including the crediting of interest where applicable. **(c) Provisional recredit of consumer’s account** If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), it may, in lieu of the requirements of subsections (a) and (b), within ten business days after receiving such notice provisionally recredit the consumer’s account for the amount alleged to be in error, subject to [section 1693g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693g&num=0&edition=prelim), including interest where applicable, pending the conclusion of its investigation and its determination of whether an error has occurred. Such investigation shall be concluded not later than forty-five days after receipt of notice of the error. During the pendency of the investigation, the consumer shall have full use of the funds provisionally recredited. **(d) Absence of error; finding; explanation** If the financial institution determines after its investigation pursuant to subsection (a) or (c) that an error did not occur, it shall deliver or mail to the consumer an explanation of its findings within 3 business days after the conclusion of its investigation, and upon request of the consumer promptly deliver or mail to the consumer reproductions of all documents which the financial institution relied on to conclude that such error did not occur. The financial institution shall include notice of the right to request reproductions with the explanation of its findings. **(e) Treble damages** If in any action under section 1693m 11 See References in Text note below. of this title, the court finds that— (1) the financial institution did not provisionally recredit a consumer’s account within the ten-day period specified in subsection (c), and the financial institution (A) did not make a good faith investigation of the alleged error, or (B) did not have a reasonable basis for believing that the consumer’s account was not in error; or (2) the financial institution knowingly and willfully concluded that the consumer’s account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under section 1693m(a)(1) 1 of this title. **(f) Acts constituting error** For the purpose of this section, an error consists of— (1) an unauthorized electronic fund transfer; (2) an incorrect electronic fund transfer from or to the consumer’s account; (3) the omission from a periodic statement of an electronic fund transfer affecting the consumer’s account which should have been included; (4) a computational error by the financial institution; (5) the consumer’s receipt of an incorrect amount of money from an electronic terminal; (6) a consumer’s request for additional information or clarification concerning an electronic fund transfer or any documentation required by this subchapter; or (7) any other error described in regulations of the Bureau.

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

15 U.S.C. § 1693g — Consumer liability

**(a) Unauthorized electronic fund transfers; limit** A consumer shall be liable for any unauthorized electronic fund transfer involving the account of such consumer only if the card or other means of access utilized for such transfer was an accepted card or other meanas 11 So in original. Probably should be “means”. of access and if the issuer of such card, code, or other means of access has provided a means whereby the user of such card, code, or other means of access can be identified as the person authorized to use it, such as by signature, photograph, or fingerprint or by electronic or mechanical confirmation. In no event, however, shall a consumer’s liability for an unauthorized transfer exceed the lesser of— (1) $50; or (2) the amount of money or value of property or services obtained in such unauthorized electronic fund transfer prior to the time the financial institution is notified of, or otherwise becomes aware of, circumstances which lead to the reasonable belief that an unauthorized electronic fund transfer involving the consumer’s account has been or may be effected. Notice under this paragraph is sufficient when such steps have been taken as may be reasonably required in the ordinary course of business to provide the financial institution with the pertinent information, whether or not any particular officer, employee, or agent of the financial institution does in fact receive such information. Notwithstanding the foregoing, reimbursement need not be made to the consumer for losses the financial institution establishes would not have occurred but for the failure of the consumer to report within sixty days of transmittal of the statement (or in extenuating circumstances such as extended travel or hospitalization, within a reasonable time under the circums

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

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

5 U.S.C. § 552a — Records maintained on individuals

**(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

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

15 U.S.C. § 1693m — Civil liability

**(a) Individual or class action for damages; amount of award** Except as otherwise provided by this section and [section 1693h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693h&num=0&edition=prelim), any person who fails to comply with any provision of this subchapter with respect to any consumer, except for an error resolved in accordance with [section 1693f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693f&num=0&edition=prelim), is liable to such consumer in an amount equal to the sum of— (1) any actual damage sustained by such consumer as a result of such failure; (2) (A) in the case of an individual action, an amount not less than $100 nor greater than $1,000; or (B) in the case of a class action, such amount as the court may allow, except that (i) as to each member of the class no minimum recovery shall be applicable, and (ii) the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same person shall not be more than the lesser of $500,000 or 1 per centum of the net worth of the defendant; and (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. **(b) Factors determining amount of award** In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors— (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance, the nature of such noncompliance, and the extent to which the noncompliance was intentional; or (2) in any class action under subsection (a)(2)(B

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

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— (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

15 U.S.C. § 1693o–1 — Remittance transfers

**(a) Disclosures required for remittance transfers** (1) **In general** — Each remittance transfer provider shall make disclosures as required under this section and in accordance with rules prescribed by the Bureau. Disclosures required under this section shall be in addition to any other disclosures applicable under this subchapter. (2) **Disclosures** — Subject to rules prescribed by the Bureau, a remittance transfer provider shall provide, in writing and in a form that the sender may keep, to each sender requesting a remittance transfer, as applicable to the transaction— (A) at the time at which the sender requests a remittance transfer to be initiated, and prior to the sender making any payment in connection with the remittance transfer, a disclosure describing— (i) the amount of currency that will be received by the designated recipient, using the values of the currency into which the funds will be exchanged; (ii) the amount of transfer and any other fees charged by the remittance transfer provider for the remittance transfer; and (iii) any exchange rate to be used by the remittance transfer provider for the remittance transfer, to the nearest 1/100th of a point; and (B) at the time at which the sender makes payment in connection with the remittance transfer— (i) a receipt showing— (I) the information described in subparagraph (A); (II) the promised date of delivery to the designated recipient; and (III) the name and either the telephone number or the address of the designated recipient, if either the telephone number or the address of the designated recipient is provided by the sender; and (ii) a statement containing— (I) information about the rights of the sender under this section regarding the resol

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

15 U.S.C. § 1693f — Error resolution

Page 1650 TITLE 15—COMMERCE AND TRADE § 1693f 1 See References in Text note below. (b) In the case of preauthorized transfers from a consumer’s account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the con- sumer, in accordance with regulations of the Bu- reau, of the amount to be transferred and the scheduled date of the transfer. (Pub. L. 90–321, title IX, § 907, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3733; amended Pub. L. 111–203, title X, § 1084(1), July 21, 2010, 124 Stat. 2081.) Editorial Notes AMENDMENTS 2010—Subsec. (b). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Board’’. 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. § 1693f. Error resolution (a) Notification to financial institution of error If a financial institution, within sixty days after having transmitted to a consumer docu- mentation pursuant to section 1693d(a), (c), or (d) of this title or notification pursuant to sec- tion 1693d(b) of this title, receives oral or writ- ten notice in which the consumer— (1) sets forth or otherwise enables the finan- cial institution to identify the name and ac- count 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, 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

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