Title 15Commerce and TradeRelease 119-73

§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

Title 15 › Chapter CHAPTER 41— - CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER I— - CONSUMER CREDIT COST DISCLOSURE › Part Part D— - Credit Billing › § 1666i

Last updated Apr 6, 2026|Official source

Summary

A credit card company must accept most claims and defenses a cardholder has about a purchase paid with the card, as long as the claim is not for personal injury and these things are true: the cardholder tried in good faith to resolve the problem with the merchant, the purchase was more than $50, and the purchase happened in the same State as the cardholder’s mailing address or within 100 miles of that address. The $50 and location rules do not apply when the merchant is the card company or is closely connected to it (for example, the same company, controlled by it, a franchisee, or involved in a mail solicitation by the card company). The cardholder’s claim or defense can’t be for more than the credit balance on that transaction when the cardholder first notifies the card company or merchant. When figuring that balance, payments are applied first to late charges (by order posted), then to finance charges (by order posted), then to other charges (by order posted).

Full Legal Text

Title 15, §1666i

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1666i

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73