Payment Systems Debit Cards Basic Concepts • Cross between checking system and credit card system – No extension of credit; money must be in account at time of transaction for payor to authorize transaction – No ability to stop or withhold payment once authorized Basic Concepts Governing Law • Electronic Funds Transfers Act • Common Law of Contracts (bank / customer) • Network rules • State law which can establish more favorable rights for consumers Basic Concepts Governing Law • Electronic Funds Transfers Act – Coverage: “consumer” a natural person; “account” is one established primarily for family, personal or household purposes. – Applies to any transfer of funds other than by check, draft or other paper instrument which is initiated through an electronic terminal (several exceptions listed) • Common Law of Contracts Basic Concepts Unauthorized Charges • EFTA caps liability at $50 BUT . . . Basic Concepts Unauthorized Charges • EFTA caps liability at $50 BUT – Consumer liable for any losses up to $500 that would not have occurred but for reporting loss of card within two business days (exception for travel & sick) – Consumer liable for any losses which would not have occurred but for customer not reporting an error or unauthorized transfer within 60 days of sending of statement – Sixty day statute of limitations from statement to report errors • Funds are re-credited not deemed never withdrawn § 909 [15 U.S.C. § 1693g]. Consumer Liability. (a) Unauthorized electronic fund transfers; limit. A consumer shall be liable for any unauthorized electronic fund transfer . . . only if the card or other means of access utilized for such transfer was an accepted card or other means . . . In no event, however, shall a consumer’s liability for an unauthorized transfer exceed the lesser of— (1) $50; EFTA 909(a) “reimbursement need not be made to the consumer for losses the financial institution establishes would not have occurred but for the failure of the consumer to report within sixty days of transmittal of the statement (or in extenuating circumstances such as extended travel or hospitalization, within a reasonable time under the circumstances) any unauthorized electronic fund transfer or account error which appears on the periodic statement provided to the consumer . . . “ EFTA 909(a) “In addition, reimbursement need not be made to the consumer for losses which the financial institution establishes would not have occurred but for the failure of the consumer to report any loss or theft of a card or other means of access within two business days after the consumer learns of the loss or theft (or in extenuating circumstances such as extended travel or hospitalization, within a longer period which is reasonable under the circumstances),” EFTA 909(a) “but the consumer’s liability under this subsection in any such case may not exceed a total of $500, or the amount of unauthorized electronic fund transfers which occur following the close of two business days (or such longer period) after the consumer learns of the loss or theft but prior to notice to the financial institution under this subsection, whichever is less.” Compare to Checking and Credit Cards • No issue of negligence in loosing card. • Loss cap at $500 even if never call • Sixty days after first statement to notify of unauthorized • One year statute of limitations Regulation E 12 CFR § 205.2(m). • “unauthorized” transfers (protected under Regulation E, 12 CFR § 205.6(a)) does not include any transfer initiated “[b]y a person who was furnished the access device * * * by the consumer.” EFTA 908(c) Provisional recredit of consumer’s account. If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a) of this section, it may, in lieu of the requirements of subsections (a) and (b) of this section, within ten business days after receiving such notice provisionally recredit the consumer’s account for the amount alleged to be in error, subject to section 1693g of this title, including interest where applicable, pending the conclusion of its investigation and its determination of whether an error has occurred.
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