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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
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-15/section-1666i-assertion-by-cardholder-against-card-issuer-of-claims-and-defenses-arisi--dcef176775.md
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Source location: Title 15, Chapter 41, § 1666i; chapter-041-consumer-credit-protection.md
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**(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 or defense. For the purpose of determining the amount of credit outstanding in the preceding sentence, payments and credits to the cardholder’s account are deemed to have been applied, in the order indicated, to the payment of: (1) late charges in the order of their entry to the account; (2) finance charges in order of their entry to the account; and (3) debits to the account other than those set forth above, in the order in which each debit entry to the account was made.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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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