Consumer Debit Card Protection Act

Summary

Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act with respect to a financial institution which issues electronic fund transfer cards for consumer accounts without a means of unique individual identification. Requires such an institution to include on the card a prominent and conspicuous consumer protection warning that the card can be used without a code or unique identifier. Provides that, if a consumer applies for a card requiring a code or other unique identifier, the institution issues a card without such an identifier, and the consumer refuses to accept it, the institution shall promptly issue the consumer a card which does require such a code or identifier to access a consumer account. Declares that a signature shall not be treated as a unique identifier. Repeals guidelines governing consumer reimbursement and maximum liability for losses caused by the consumer's failure to timely report unauthorized electronic fund transfers. Limits consumer liability to a $50 maximum in all circumstances. Excepts a consumer from liability for unauthorized electronic fund transfers if the only required form of identification is a signature. Reduces from ten to three business days the period within which a financial institution may provide a provisional recredit of a consumer's account upon timely notice of error. Mandates provisional recredit of a consumer's account, including interest, upon receipt of notice of an error involving an electronic fund transfer initiated by the use of a card without a means of access which uniquely identifies the consumer. Modifies the loss or theft of card notification information required on monthly account statements as a precondition for consumer liability for unauthorized transfers. Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt recrediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 31 July 1997

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• Introduced in House (PDF)

  Introduced in House · EN · 31 July 1997

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• Introduced in House

  summary · EN · 31 July 1997

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