O.C.G.A.
O.C.G.A.

11-4A-108 (2019)

Relationship to federal Electronic Fund Transfer Act

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as provided in subsection (b) of this Code section, this article does not apply to a funds transfer any part of which is governed by the federal Electronic Fund Transfer Act of 1978, 15 U.S.C. Section 1693, et seq.

(b) This article shall apply to a funds transfer that is a remittance transfer as defined in the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1693o-1(g), unless the remittance transfer is an electronic fund transfer as defined in such act, 15 U.S.C. Section 1693(a).

(c) In the event of any conflict or inconsistency between the provisions of this article and the provisions of the federal Electronic Fund Transfer Act of 1978, 15 U.S.C. Section 1693, et seq., such act shall govern and control.

History

Code 1981, § 11-4A-108, enacted by Ga.

L. 1992, p. 2685, § 4; Ga. L. 2002, p. 415, § 11; Ga. L. 2013, p. 1101, § 1/HB 289.

Annotations

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.

The 2013 amendment, effective July 1, 2013, in the catchline substituted "Relationship to federal Electronic Fund Transfer Act" for "Exclusion of consumer transactions governed by federal law" and substituted the present provisions of this Code section for the former provisions, which read: "This article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Section 1693, et seq.) as amended from time to time."

Editor's notes. - Ga. L. 2013, p. 1101, § 1, did not reenact and did not strike "(Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Section 1693, et seq.)" in this Code section.

RESEARCH REFERENCES

U.L.A. - Uniform Commercial Code (U.L.A.) § 4A-108.

ALR. - Validity, construction, and application of Electronic Fund Transfer Act (EFTA), and regulations promulgated thereunder, 15 USCS §§ 1693 et seq., 46 A.L.R. Fed. 2d 473.

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PART 2 ISSUE AND ACCEPTANCE OF PAYMENT ORDER

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Metro Brokers, Inc. v. Transp. Ins. Co., 603 F. App'x 833 (11th Cir. 2015).
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Metro Brokers, Inc. v. Transp. Ins. Co., 603 F. App'x 833 (11th Cir. 2015). “”); O.C.G.A. § 11-4A-108 (providing expressly that Georgia’s Uniform Commercial Code on fund transfers does not apply to electronic fund transfers governed by the federal Electronic Fund Transfer Act).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.