§ 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.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1666i]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER I--CONSUMER CREDIT COST DISCLOSURE
Part D--Credit Billing
Sec. 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
(a) Claims and defenses assertible
Subject to the limitation contained in subsection (b) of this
section, 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) Amount of claims and defenses assertible
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.
(Pub. L. 90-321, title I, Sec. 170, as added Pub. L. 93-495, title III,
Sec. 306, Oct. 28, 1974, 88 Stat. 1515.)
Section Referred to in Other Sections
This section is referred to in section 1637 of this title; title 26
section 6311.