US Codex
U.S.C.
Notes

§1692a. Definitions — Inbound Citations

15 U.S.C. § 1692a

Cited by 347 provisions in release 119-102.

Citations to 15 U.S.C. § 1692a as a whole

Citations to §1692a(1)

  • 15 U.S.C. § 1692k(e)
    Go to provision →
    (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
  • 15 U.S.C. § 1692l(b)(6)
    Go to provision →
    (6) subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau, with respect to any person subject to this subchapter.
  • 15 U.S.C. § 1692l(d)
    Go to provision →
    (d) Except as provided in section 1029(a) of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5519(a)], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter.
  • 15 U.S.C. § 1692m(a)
    Go to provision →
    (a) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title.
  • 15 U.S.C. § 1692m(b)
    Go to provision →
    (b) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.
  • 15 U.S.C. § 1692o
    Go to provision →
    The Bureau shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Bureau determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.
  • 15 U.S.C. § 1693a(2)
    Go to provision →
    (2) the term “account” means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i)1 of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement;
  • 15 U.S.C. § 1693a(4)
    Go to provision →
    (4) 2 the term “Board” means the Board of Governors of the Federal Reserve System;
  • 15 U.S.C. § 1693a(7)
    Go to provision →
    (7) the term “electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by telephone. Such term does not include—
    (A) any check guarantee or authorization service which does not directly result in a debit or credit to a consumer’s account:3
    (B) any transfer of funds, other than those processed by automated clearinghouse, made by a financial institution on behalf of a consumer by means of a service that transfers funds held at either Federal Reserve banks or other depository institutions and which is not designed primarily to transfer funds on behalf of a consumer;
    (C) any transaction the primary purpose of which is the purchase or sale of securities or commodities through a broker-dealer registered with or regulated by the Securities and Exchange Commission;
    (D) any automatic transfer from a savings account to a demand deposit account pursuant to an agreement between a consumer and a financial institution for the purpose of covering an overdraft or maintaining an agreed upon minimum balance in the consumer’s demand deposit account; or
    (E) any transfer of funds which is initiated by a telephone conversation between a consumer and an officer or employee of a financial institution which is not pursuant to a prearranged plan and under which periodic or recurring transfers are not contemplated;
    as determined under regulations of the Bureau;
  • 15 U.S.C. § 1693b(a)(1)
    Go to provision →
    (1) Except as provided in paragraph (2), the Bureau shall prescribe rules to carry out the purposes of this subchapter.
  • 15 U.S.C. § 1693b(b)
    Go to provision →
    (b) The Bureau shall issue model clauses for optional use by financial institutions to facilitate compliance with the disclosure requirements of section 1693c of this title and to aid consumers in understanding the rights and responsibilities of participants in electronic fund transfers by utilizing readily understandable language. Such model clauses shall be adopted after notice duly given in the Federal Register and opportunity for public comment in accordance with section 553 of title 5. With respect to the disclosures required by section 1693c(a)(3) and (4) of this title, the Bureau shall take account of variations in the services and charges under different electronic fund transfer systems and, as appropriate, shall issue alternative model clauses for disclosure of these differing account terms.
  • 15 U.S.C. § 1693b(c)
    Go to provision →
    (c) Regulations prescribed hereunder may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of electronic fund transfers or remittance transfers, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. The Bureau shall by regulation modify the requirements imposed by this subchapter on small financial institutions if the Bureau determines that such modifications are necessary to alleviate any undue compliance burden on small financial institutions and such modifications are consistent with the purpose and objective of this subchapter.
  • 15 U.S.C. § 1693b(d)(1)
    Go to provision →
    (1) If electronic fund transfer services are made available to consumers by a person other than a financial institution holding a consumer’s account, the Bureau shall by regulation assure that the disclosures, protections, responsibilities, and remedies created by this subchapter are made applicable to such persons and services.
  • 15 U.S.C. § 1693b(d)(2)(B)
    Go to provision →
    (B) The disclosures, protections, responsibilities, and remedies established under this subchapter, and any regulation prescribed or order issued by the Bureau in accordance with this subchapter, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government.
  • 15 U.S.C. § 1693b(e)(1)
    Go to provision →
    (1) the Bureau in making determinations regarding the meaning or interpretation of any provision of this subchapter for which the Bureau has authority to prescribe regulations; or
  • 15 U.S.C. § 1693c(a)
    Go to provision →
    (a) 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 than1 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;
    (7) a summary, in a form prescribed by regulations of the Bureau, of the error resolution provisions of section 1693f of this title and the consumer’s rights thereunder. The financial institution shall thereafter transmit such summary at least once per calendar year;
    (8) the financial institution’s liability to the consumer under section 1693h of this title;
    (9) under what circumstances the financial institution will in the ordinary course of business disclose information concerning the consumer’s account to third persons; and
    (10) a notice to the consumer that a fee may be imposed by—
    (A) an automated teller machine operator (as defined in section 1693b(d)(3)(D)(i) of this title) if the consumer initiates a transfer from an automated teller machine that is not operated by the person issuing the card or other means of access; and
    (B) any national, regional, or local network utilized to effect the transaction.
  • 15 U.S.C. § 1693c(a)(3)
    Go to provision →
    (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;
  • 15 U.S.C. § 1693c(a)(7)
    Go to provision →
    (7) a summary, in a form prescribed by regulations of the Bureau, of the error resolution provisions of section 1693f of this title and the consumer’s rights thereunder. The financial institution shall thereafter transmit such summary at least once per calendar year;
  • 15 U.S.C. § 1693c(b)
    Go to provision →
    (b) A financial institution shall notify a consumer in writing at least twenty-one days prior to the effective date of any change in any term or condition of the consumer’s account required to be disclosed under subsection (a) if such change would result in greater cost or liability for such consumer or decreased access to the consumer’s account. A financial institution may, however, implement a change in the terms or conditions of an account without prior notice when such change is immediately necessary to maintain or restore the security of an electronic fund transfer system or a consumer’s account. Subject to subsection (a)(3), the Bureau shall require subsequent notification if such a change is made permanent.
  • 15 U.S.C. § 1693d(b)
    Go to provision →
    (b) For a consumer’s account which is scheduled to be credited by a preauthorized electronic fund transfer from the same payor at least once in each successive sixty-day period, except where the payor provides positive notice of the transfer to the consumer, the financial institution shall elect to provide promptly either positive notice to the consumer when the credit is made as scheduled, or negative notice to the consumer when the credit is not made as scheduled, in accordance with regulations of the Bureau. The means of notice elected shall be disclosed to the consumer in accordance with section 1693c of this title.
  • 15 U.S.C. § 1693e(b)
    Go to provision →
    (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 consumer, in accordance with regulations of the Bureau, of the amount to be transferred and the scheduled date of the transfer.
  • 15 U.S.C. § 1693f(f)(7)
    Go to provision →
    (7) any other error described in regulations of the Bureau.
  • 15 U.S.C. § 1693h(a)(1)(E)
    Go to provision →
    (E) as otherwise provided in regulations of the Bureau;
  • 15 U.S.C. § 1693i(b)(3)
    Go to provision →
    (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
  • 15 U.S.C. § 1693l–1(a)(2)(D)(iii)
    Go to provision →
    (iii) a loyalty, award, or promotional gift card, as defined by the Bureau;
  • 15 U.S.C. § 1693l–1(b)(2)(D)
    Go to provision →
    (D) any additional requirements that the Bureau may establish through rulemaking under subsection (d) have been met.
  • 15 U.S.C. § 1693l–1(b)(4)(A)
    Go to provision →
    (A) that is distributed pursuant to an award, loyalty, or promotional program, as defined by the Bureau; and
  • 15 U.S.C. § 1693l–1(d)(1)
    Go to provision →
    (1) The Bureau shall—
    (A) prescribe regulations to carry out this section, in addition to any other rules or regulations required by this subchapter, including such additional requirements as appropriate relating to the amount of dormancy fees, inactivity charges or fees, or service fees that may be assessed and the amount of remaining value of a gift certificate, store gift card, or general-use prepaid card below which such charges or fees may be assessed; and
    (B) shall2 determine the extent to which the individual definitions and provisions of this subchapter or Regulation E should apply to general-use prepaid cards, gift certificates, and store gift cards.
  • 15 U.S.C. § 1693l–1(d)(2)
    Go to provision →
    (2) In prescribing regulations under this subsection, the Bureau shall consult with the Federal Trade Commission.
  • 15 U.S.C. § 1693m(d)(1)
    Go to provision →
    (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
  • 15 U.S.C. § 1693m(d)(2)
    Go to provision →
    (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,
  • 15 U.S.C. § 1693o(a)(5)
    Go to provision →
    (5) subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau, with respect to any person subject to this subchapter, except that the Bureau shall not have authority to enforce the requirements of section 1693o–2 of this title or any regulations prescribed by the Board under section 1693o–2 of this title.
  • 15 U.S.C. § 1693o–1(a)(1)
    Go to provision →
    (1) 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.
  • 15 U.S.C. § 1693o–1(a)(2)
    Go to provision →
    (2) 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 resolution of errors; and
    (II) appropriate contact information for—
    (aa) the remittance transfer provider; and
    (bb) the State agency that regulates the remittance transfer provider and the Bureau, including the toll-free telephone number established under section 5493 of title 12.
  • 15 U.S.C. § 1693o–1(a)(2)(B)(ii)(II)(bb)
    Go to provision →
    (bb) the State agency that regulates the remittance transfer provider and the Bureau, including the toll-free telephone number established under section 5493 of title 12.
  • 15 U.S.C. § 1693o–1(a)(4)(A)
    Go to provision →
    (A) Subject to the rules prescribed by the Bureau, and except as provided under subparagraph (B), the disclosures required regarding the amount of currency that will be received by the designated recipient shall be deemed to be accurate, so long as the disclosures provide a reasonably accurate estimate of the foreign currency to be received. This paragraph shall apply only to a remittance transfer provider who is an insured depository institution, as defined in section 1813 of title 12, or an insured credit union, as defined in section 1752 of title 12, and if—
    (i) a remittance transfer is conducted through a demand deposit, savings deposit, or other asset account that the sender holds with such remittance transfer provider; and
    (ii) at the time at which the sender requests the transaction, the remittance transfer provider is unable to know, for reasons beyond its control, the amount of currency that will be made available to the designated recipient.
  • 15 U.S.C. § 1693o–1(a)(4)(B)
    Go to provision →
    (B) The application of subparagraph (A) shall terminate 5 years after July 21, 2010, unless the Bureau determines that termination of such provision would negatively affect the ability of remittance transfer providers described in subparagraph (A) to send remittances to locations in foreign countries, in which case, the Bureau may, by rule, extend the application of subparagraph (A) to not longer than 10 years after July 21, 2010.
  • 15 U.S.C. § 1693o–1(a)(5)
    Go to provision →
    (5) The Bureau may, by rule, permit a remittance transfer provider to satisfy the requirements of—
    (A) paragraph (2)(A) orally, if the transaction is conducted entirely by telephone;
    (B) paragraph (2)(B), in the case of a transaction conducted entirely by telephone, by mailing the disclosures required under such subparagraph to the sender, not later than 1 business day after the date on which the transaction is conducted, or by including such documents in the next periodic statement, if the telephone transaction is conducted through a demand deposit, savings deposit, or other asset account that the sender holds with the remittance transfer provider;
    (C) subparagraphs (A) and (B) of paragraph (2) together in one written disclosure, but only to the extent that the information provided in accordance with paragraph (3)(A) is accurate at the time at which payment is made in connection with the subject remittance transfer; and
    (D) paragraph (2)(A), without compliance with section 101(c) of the Electronic Signatures in Global Commerce Act [15 U.S.C. 7001(c)], if a sender initiates the transaction electronically and the information is displayed electronically in a manner that the sender can keep.
  • 15 U.S.C. § 1693o–1(a)(6)(A)(i)
    Go to provision →
    (i) Subject to subparagraph (B), the Bureau may prescribe rules to require a remittance transfer provider to prominently post, and timely update, a notice describing a model remittance transfer for one or more amounts, as the Bureau may determine, which notice shall show 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.
  • 15 U.S.C. § 1693o–1(a)(6)(A)(ii)
    Go to provision →
    (ii) The Bureau may require the notice prescribed under this subparagraph to be displayed in every physical storefront location owned or controlled by the remittance transfer provider.
  • 15 U.S.C. § 1693o–1(a)(6)(A)(iii)
    Go to provision →
    (iii) Subject to paragraph (3), the Bureau shall prescribe rules to require a remittance transfer provider that provides remittance transfers via the Internet to provide a notice, comparable to a storefront notice described in this subparagraph, located on the home page or landing page (with respect to such remittance transfer services) owned or controlled by the remittance transfer provider.
  • 15 U.S.C. § 1693o–1(a)(6)(A)(iv)
    Go to provision →
    (iv) In prescribing rules under this subparagraph, the Bureau may impose standards or requirements regarding the provision of the storefront and Internet notices required under this subparagraph and the provision of the disclosures required under paragraphs (2) and (3).
  • 15 U.S.C. § 1693o–1(a)(6)(B)
    Go to provision →
    (B) Prior to proposing rules under subparagraph (A), the Bureau shall undertake appropriate studies and analyses, which shall be consistent with section 1693b(a)(2) of this title, and may include an advanced notice of proposed rulemaking, to determine whether a storefront notice or Internet notice facilitates the ability of a consumer—
    (i) to compare prices for remittance transfers; and
    (ii) to understand the types and amounts of any fees or costs imposed on remittance transfers.
  • 15 U.S.C. § 1693o–1(c)
    Go to provision →
    (c) If the Bureau determines that a recipient nation does not legally allow, or the method by which transactions are made in the recipient country do not allow, a remittance transfer provider to know the amount of currency that will be received by the designated recipient, the Bureau may prescribe rules (not later than 18 months after July 21, 2010) addressing the issue, which rules shall include standards for a remittance transfer provider to provide—
    (1) a receipt that is consistent with subsections (a) and (b); and
    (2) a reasonably accurate estimate of the foreign currency to be received, based on the rate provided to the sender by the remittance transfer provider at the time at which the transaction was initiated by the sender.
  • 15 U.S.C. § 1693o–1(d)(1)(B)(iii)
    Go to provision →
    (iii) provide such other remedy, as determined appropriate by rule of the Bureau for the protection of senders; or
  • 15 U.S.C. § 1693o–1(d)(2)
    Go to provision →
    (2) The Bureau shall establish, by rule issued not later than 18 months after July 21, 2010, clear and appropriate standards for remittance transfer providers with respect to error resolution relating to remittance transfers, to protect senders from such errors. Standards prescribed under this paragraph shall include appropriate standards regarding record keeping, as required, including documentation—
    (A) of the complaint of the sender;
    (B) that the sender provides the remittance transfer provider with respect to the alleged error; and
    (C) of the findings of the remittance transfer provider regarding the investigation of the alleged error that the sender brought to their attention.
  • 15 U.S.C. § 1693o–1(d)(3)
    Go to provision →
    (3) Not later than 18 months after July 21, 2010, the Bureau shall issue final rules regarding appropriate remittance transfer cancellation and refund policies for consumers.
  • 15 U.S.C. § 1693o–1(f)(2)
    Go to provision →
    (2) The Bureau shall prescribe rules to implement appropriate standards or conditions of, liability of a remittance transfer provider, including a provider who acts through an agent or authorized delegate. An agency charged with enforcing the requirements of this section, or rules prescribed by the Bureau under this section, may consider, in any action or other proceeding against a remittance transfer provider, the extent to which the provider had established and maintained policies or procedures for compliance, including policies, procedures, or other appropriate oversight measures designed to assure compliance by an agent or authorized delegate acting for such provider.
  • 15 U.S.C. § 1693o–2(a)(4)(C)
    Go to provision →
    (C) consult, as appropriate, with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, the National Credit Union Administration Board, the Administrator of the Small Business Administration, and the Director of the Bureau of Consumer Financial Protection.
  • 15 U.S.C. § 1693p(a)
    Go to provision →
    (a) Not later than twelve months after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary and appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved, and a summary of the enforcement actions taken under section 1693o1 of this title. In such report, the Bureau shall particularly address the effects of this subchapter on the costs and benefits to financial institutions and consumers, on competition, on the introduction of new technology, on the operations of financial institutions, and on the adequacy of consumer protection.
  • 15 U.S.C. § 1693p(b)
    Go to provision →
    (b) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which, in the judgment of the Bureau, exercises regulatory or supervisory functions with respect to any class of persons subject to this subchapter.
  • 15 U.S.C. § 1693q
    Go to provision →
    This subchapter does not annul, alter, or affect the laws of any State relating to electronic fund transfers, dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. A State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection afforded by this subchapter. The Bureau shall, upon its own motion or upon the request of any financial institution, State, or other interested party, submitted in accordance with procedures prescribed in regulations of the Bureau, determine whether a State requirement is inconsistent or affords greater protection. If the Bureau determines that a State requirement is inconsistent, financial institutions shall incur no liability under the law of that State for a good faith failure to comply with that law, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. This subchapter does not extend the applicability of any such law to any class of persons or transactions to which it would not otherwise apply.
  • 15 U.S.C. § 1693r
    Go to provision →
    The Bureau shall by regulation exempt from the requirements of this subchapter any class of electronic fund transfers within any State if the Bureau determines that under the law of that State that class of electronic fund transfers is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.

Citations to §1692a(2)

Citations to §1692a(3)

Citations to §1692a(4)

Citations to §1692a(5)

Citations to §1692a(6)

Citations to §1692a(7)

Citations to §1692a(8)

  • 15 U.S.C. § 1692(e)
    Go to provision →
    (e) It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
  • 15 U.S.C. § 1692b(1)
    Go to provision →
    (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
  • 15 U.S.C. § 1692b(2)
    Go to provision →
    (2) not state that such consumer owes any debt;
  • 15 U.S.C. § 1692e(1)
    Go to provision →
    (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
  • 15 U.S.C. § 1692e(9)
    Go to provision →
    (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
  • 15 U.S.C. § 1692g(e)
    Go to provision →
    (e) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
  • 15 U.S.C. § 1692l(b)(1)(B)
    Go to provision →
    (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.]; and
  • 15 U.S.C. § 1692l(b)(1)(C)
    Go to provision →
    (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks;
  • 15 U.S.C. § 1692n
    Go to provision →
    This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
  • 15 U.S.C. § 1692o
    Go to provision →
    The Bureau shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Bureau determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.
  • 15 U.S.C. § 1692p(a)(2)(A)
    Go to provision →
    (A) a State or district attorney establishes, within the jurisdiction of such State or district attorney and with respect to alleged bad check violations that do not involve a check described in subsection (b), a pretrial diversion program for alleged bad check offenders who agree to participate voluntarily in such program to avoid criminal prosecution;
  • 15 U.S.C. § 1692p(a)(2)(B)
    Go to provision →
    (B) a private entity, that is subject to an administrative support services contract with a State or district attorney and operates under the direction, supervision, and control of such State or district attorney, operates the pretrial diversion program described in subparagraph (A); and
  • 15 U.S.C. § 1692p(a)(2)(C)
    Go to provision →
    (C) in the course of performing duties delegated to it by a State or district attorney under the contract, the private entity referred to in subparagraph (B)—
    (i) complies with the penal laws of the State;
    (ii) conforms with the terms of the contract and directives of the State or district attorney;
    (iii) does not exercise independent prosecutorial discretion;
    (iv) contacts any alleged offender referred to in subparagraph (A) for purposes of participating in a program referred to in such paragraph—
    (I) only as a result of any determination by the State or district attorney that probable cause of a bad check violation under State penal law exists, and that contact with the alleged offender for purposes of participation in the program is appropriate; and
    (II) the alleged offender has failed to pay the bad check after demand for payment, pursuant to State law, is made for payment of the check amount;
    (v) includes as part of an initial written communication with an alleged offender a clear and conspicuous statement that—
    (I) the alleged offender may dispute the validity of any alleged bad check violation;
    (II) where the alleged offender knows, or has reasonable cause to believe, that the alleged bad check violation is the result of theft or forgery of the check, identity theft, or other fraud that is not the result of the conduct of the alleged offender, the alleged offender may file a crime report with the appropriate law enforcement agency; and
    (III) if the alleged offender notifies the private entity or the district attorney in writing, not later than 30 days after being contacted for the first time pursuant to clause (iv), that there is a dispute pursuant to this subsection, before further restitution efforts are pursued, the district attorney or an employee of the district attorney authorized to make such a determination makes a determination that there is probable cause to believe that a crime has been committed; and
    (vi) charges only fees in connection with services under the contract that have been authorized by the contract with the State or district attorney.
  • 15 U.S.C. § 1692p(a)(2)(C)(i)
    Go to provision →
    (i) complies with the penal laws of the State;
  • 15 U.S.C. § 1692p(a)(2)(C)(ii)
    Go to provision →
    (ii) conforms with the terms of the contract and directives of the State or district attorney;
  • 15 U.S.C. § 1692p(a)(2)(C)(iv)(I)
    Go to provision →
    (I) only as a result of any determination by the State or district attorney that probable cause of a bad check violation under State penal law exists, and that contact with the alleged offender for purposes of participation in the program is appropriate; and
  • 15 U.S.C. § 1692p(a)(2)(C)(iv)(II)
    Go to provision →
    (II) the alleged offender has failed to pay the bad check after demand for payment, pursuant to State law, is made for payment of the check amount;
  • 15 U.S.C. § 1692p(a)(2)(C)(vi)
    Go to provision →
    (vi) charges only fees in connection with services under the contract that have been authorized by the contract with the State or district attorney.
  • 15 U.S.C. § 1692p(b)(6)
    Go to provision →
    (6) a check issued to pay an obligation arising from a transaction that was illegal in the jurisdiction of the State or district attorney at the time the check was made, drawn, or delivered.
  • 15 U.S.C. § 1692p(c)(1)
    Go to provision →
    (1) The term “State or district attorney” means the chief elected or appointed prosecuting attorney in a district, county (as defined in section 2 of title 1), municipality, or comparable jurisdiction, including State attorneys general who act as chief elected or appointed prosecuting attorneys in a district, county (as so defined), municipality or comparable jurisdiction, who may be referred to by a variety of titles such as district attorneys, prosecuting attorneys, commonwealth’s attorneys, solicitors, county attorneys, and state’s attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction-specific local ordinances.
  • 15 U.S.C. § 1692p(c)(3)
    Go to provision →
    (3) The term “bad check violation” means a violation of the applicable State criminal law relating to the writing of dishonored checks.
  • 15 U.S.C. § 1693a(9)
    Go to provision →
    (9) the term “financial institution” means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person who, directly or indirectly, holds an account belonging to a consumer;
  • 15 U.S.C. § 1693a(11)
    Go to provision →
    (11) the term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing; and
  • 15 U.S.C. § 1693b(d)(2)(A)(ii)
    Go to provision →
    (ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency.
  • 15 U.S.C. § 1693b(d)(2)(B)
    Go to provision →
    (B) The disclosures, protections, responsibilities, and remedies established under this subchapter, and any regulation prescribed or order issued by the Bureau in accordance with this subchapter, shall not apply to any electronic benefit transfer system established under State or local law or administered by a State or local government.
  • 15 U.S.C. § 1693b(d)(2)(D)(i)
    Go to provision →
    (i) affects or alters the protections otherwise applicable with respect to benefits established by any other provision3 Federal, State, or local law; or
  • 15 U.S.C. § 1693b(d)(2)(D)(ii)
    Go to provision →
    (ii) otherwise supersedes the application of any State or local law.
  • 15 U.S.C. § 1693l–1(b)(3)(A)
    Go to provision →
    (A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states—
    (i) that a dormancy fee, inactivity charge or fee, or service fee may be charged;
    (ii) the amount of such fee or charge;
    (iii) how often such fee or charge may be assessed; and
    (iv) that such fee or charge may be assessed for inactivity; and
  • 15 U.S.C. § 1693o(a)(1)(B)
    Go to provision →
    (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.]; and
  • 15 U.S.C. § 1693o(a)(1)(C)
    Go to provision →
    (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks;
  • 15 U.S.C. § 1693o–1(a)(2)(B)(ii)(II)(bb)
    Go to provision →
    (bb) the State agency that regulates the remittance transfer provider and the Bureau, including the toll-free telephone number established under section 5493 of title 12.
  • 15 U.S.C. § 1693o–1(g)(2)(A)
    Go to provision →
    (A) means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006(2))) transfer of funds requested by a sender located in any State to a designated recipient that is initiated by a remittance transfer provider, whether or not the sender holds an account with the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 1693a of this title; and
  • 15 U.S.C. § 1693o–2(a)(7)(A)(i)
    Go to provision →
    (i) a debit card or general-use prepaid card that has been provided to a person pursuant to a Federal, State or local government-administered payment program, in which the person may only use the debit card or general-use prepaid card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to such program; or
  • 15 U.S.C. § 1693o–2(a)(7)(D)(i)
    Go to provision →
    (i) the prevalence of the use of general-use prepaid cards in Federal, State or local government-administered payment programs; and
  • 15 U.S.C. § 1693o–2(b)(2)(A)(iii)
    Go to provision →
    (iii) to the extent required by Federal law and applicable State law, such discount or in-kind incentive is offered to all prospective buyers and disclosed clearly and conspicuously.
  • 15 U.S.C. § 1693o–2(b)(2)(B)
    Go to provision →
    (B) For purposes of this paragraph, the network may not penalize any person for the providing of a discount that is in compliance with Federal law and applicable State law.
  • 15 U.S.C. § 1693q
    Go to provision →
    This subchapter does not annul, alter, or affect the laws of any State relating to electronic fund transfers, dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. A State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection afforded by this subchapter. The Bureau shall, upon its own motion or upon the request of any financial institution, State, or other interested party, submitted in accordance with procedures prescribed in regulations of the Bureau, determine whether a State requirement is inconsistent or affords greater protection. If the Bureau determines that a State requirement is inconsistent, financial institutions shall incur no liability under the law of that State for a good faith failure to comply with that law, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. This subchapter does not extend the applicability of any such law to any class of persons or transactions to which it would not otherwise apply.
  • 15 U.S.C. § 1693r
    Go to provision →
    The Bureau shall by regulation exempt from the requirements of this subchapter any class of electronic fund transfers within any State if the Bureau determines that under the law of that State that class of electronic fund transfers is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.