Browse Arkansas Code titles and sections

15 U.S.C. § 1693m — Civil liability

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

15 U.S.C. § 1693m — Civil liability

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

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 12c6581099b8d109962701dd7157a47cb71278bc8e87fa5bdb48e4b8bd69438f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_ca74b85b1c38eb01484a7a6f
Source file: Laws/federal/codes/united-states-code/title-15/section-1693m-civil-liability--9d093e4ce4.md
Pages: Not recorded – Not recorded
Passage SHA-256: 253117694361546a1fb9e680a80f99934236f178b14097316632657a644edd1a

Source location: Title 15, Chapter 41, § 1693m; chapter-041-consumer-credit-protection.md

Stored source content

**(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), the frequency and persistence of noncompliance, the nature of such noncompliance, the resources of the defendant, the number of persons adversely affected, and the extent to which the noncompliance was intentional. **(c) Unintentional violations; bona fide error** Except as provided in [section 1693h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693h&num=0&edition=prelim), a person may not be held liable in any action brought under this section for a violation of this subchapter if the person shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. **(d) Good faith compliance with rule, regulation, or interpretation** No provision of this section or section 1693n 11 See References in Text note below. of this title imposing any liability shall apply to— (1) any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or the Board or in conformity with any interpretation or approval by an official or employee of the Bureau of Consumer Financial Protection or the Federal Reserve System duly authorized by the Bureau or the Board to issue such interpretations or approvals under such procedures as the Bureau or the Board may prescribe therefor; or (2) any failure to make disclosure in proper form if a financial institution utilized an appropriate model clause issued by the Bureau or the Board, notwithstanding that after such act, omission, or failure has occurred, such rule, regulation, approval, or model clause is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. **(e) Notification to consumer prior to action; adjustment of consumer’s account** A person has no liability under this section for any failure to comply with any requirement under this subchapter if, prior to the institution of an action under this section, the person notifies the consumer concerned of the failure, complies with the requirements of this subchapter, and makes an appropriate adjustment to the consumer’s account and pays actual damages or, where applicable, damages in accordance with [section 1693h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693h&num=0&edition=prelim). **(f) Action in bad faith or for harassment; attorney’s fees** On a finding by the court that an unsuccessful action under this section was brought in bad faith or for purposes of harassment, the court shall award to the defendant attorney’s fees reasonable in relation to the work expended and costs. **(g) Jurisdiction of courts; time for maintenance of action** Without regard to the amount in controversy, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 1693n — Criminal liability

**(a) Violations respecting giving of false or inaccurate information, failure to provide information, and failure to comply with provisions of this subchapter** Whoever knowingly and willfully— (1) gives false or inaccurate information or fails to provide information which he is required to disclose by this subchapter or any regulation issued thereunder; or (2) otherwise fails to comply with any provision of this subchapter; shall be fined not more than $5,000 or imprisoned not more than one year, or both. **(b) Violations affecting interstate or foreign commerce** Whoever— (1) knowingly, in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; or (2) with unlawful or fraudulent intent, transports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or (3) with unlawful or fraudulent intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained debit instrument knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or (4) knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which (A) within any one-year period has

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 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 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— (A) the consumer’s account has insufficient funds; (B) the funds are subject to legal process or other encumbrance restricting such transfer; (C) such transfer would exceed an established 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 insufficient funds when the financal 11 So in original. Probably should be “financial”. 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 (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from— (1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 1693l–1 — General-use prepaid cards, gift certificates, and store gift cards

**(a) Definitions** In this section, the following definitions shall apply: (1) **Dormancy fee; inactivity charge or fee** — The terms “dormancy fee” and “inactivity charge or fee” mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (2) **General use 11 So in original. Probably should be “General-use”. prepaid card, gift certificate, and store gift card** (A) *General-use prepaid card* — The term “general-use prepaid card” means a card or other payment code or device issued by any person that is— (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) *Gift certificate* — The term “gift certificate” means an electronic promise that is— (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount that may not be increased or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) *Store gift card* — The term “store gift card” means an electronic promise, plastic card, or other payment code or device that is— (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount, whether or not t

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693l–1

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 1693m — Civil liability

Page 1655 TITLE 15—COMMERCE AND TRADE § 1693m 1 See References in Text note below. AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing. 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 Pub. L. 111–24, title IV, § 403, as added by Pub. L. 111–209, § 1, July 27, 2010, 124 Stat. 2254, provided that: ‘‘(a) IN GENERAL.—Except as provided under sub- section (b) of this section, this title [enacting this sec- tion and amending sections 1693m to 1693r of this title and provisions set out as a note under section 1693 of this title] and the amendments made by this title shall become effective 15 months after the date of enactment of this Act [May 22, 2009]. ‘‘(b) EXCEPTION.— ‘‘(1) IN GENERAL.—In the case of a gift certificate, store gift card, or general-use prepaid card that was produced prior to April 1, 2010, the effective date of the disclosure requirements described in sections 915(b)(3) and (c)(2)(B) of the Electronic Funds [prob- ably should be ‘‘Fund’’] Transfer Act [15 U.S.C. 1693l–1(b)(3), (c)(2)(B)] shall be January 31, 2011, pro- vided that an issuer of such a certificate or card shall— ‘‘(A) comply with paragraphs (1) and (2) of section 915(b) of such Act [15 U.S.C. 1693l–1(b)(1), (2)]; ‘‘(B) consider any such certificate or card for which funds expire to have no expiration date with respect to the underlying funds; ‘‘(C) at a consumer’s request, replace such certifi- cate or card that has funds remaining at no cost to the consumer; and ‘‘(D) comply with the dis

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

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.