§1693q — Title 15 Commerce and Trade | U.S. Code

Summary

State laws about electronic transfers, fees (like dormancy, inactivity, or service fees), and gift-card expiration stay in place unless they conflict with the federal rules. If a state law gives consumers more protection than the federal rules, the state law still applies. The Bureau will decide, on its own or when asked, whether a state law conflicts or gives greater protection. If the Bureau finds a conflict, banks acting in good faith will not be legally responsible under that state law, even if the Bureau later changes or overturns its decision. Federal rules do not make a state law cover people or transactions it otherwise would not.

Title 15, §1693q

Commerce and Trade — Source: USLM XML via OLRC

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for a good faith failure to comply with that law, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason.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.

Notes & Related Subsidiaries

Editorial Notes

Codification Another section 922 of Pub. L. 90–321 is classified to section 1693r of this title. Renumbering of section 919 of Pub. L. 90–321 as section 920 by section 401(1) of Pub. L. 111–24 was executed prior to the renumberings of section 920 of Pub. L. 90–321 as section 921 and then as section 922 by section 1073(a)(3) and 1075(a)(1) of Pub. L. 111–203 as the probable intent of Congress, notwithstanding section 403 of Pub. L. 111–24, set out as an

Effective Date

note under section 1693l–1 of this title and section 4 of Pub. L. 111–203, set out as an

Effective Date

note under section 5301 of Title 12, Banks and Banking, which provided that the renumbering by Pub. L. 111–24 was effective 15 months after

May 22, 2009, and the renumberings by Pub. L. 111–203 were effective 1 day after

July 21, 2010.

Prior Provisions

A prior section 922 of Pub. L. 90–321 was renumbered section 923 and is classified as an

Effective Date

note under section 1693 of this title.

Amendments

2010—Pub. L. 111–203, § 1084(1), substituted “Bureau” for “Board” wherever appearing. 2009—Pub. L. 111–24, § 402, inserted “dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards,” after “electronic fund transfers,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by section 1084(1) of Pub. L. 111–203 effective on the designated 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

of 2009 AmendmentAmendment by Pub. L. 111–24 effective 15 months after May 22, 2009, see section 403 of Pub. L. 111–24, set out as an

Effective Date

note under section 1693l–1 of this title.

§1693q Relation to State Laws

Summary

Title 15, §1693q

Notes & Related Subsidiaries

Editorial Notes

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Prior Provisions

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Amendments

Statutory Notes and Related Subsidiaries

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Citations & Metadata