U.S. Code » Title 15 » Chapter CHAPTER 41— CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER VI— ELECTRONIC FUND TRANSFERS

15 U.S.C. § 1693a

Definitions

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As used in this subchapter—(1) the term “accepted card or other means of access” means a card, code, or other means of access to a consumer’s account for the purpose of initiating electronic fund transfers when the person to whom such card or other means of access was issued has requested and received or has signed or has used, or authorized another to use, such card or other means of access for the purpose of transferring money between accounts or obtaining money, property, labor, or services;(2) the term “account” means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i) 11 See References in Text note below. of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement;(4) 22 So in original. There are two pars. designated “(4)” and no par. (3). the term “Board” means the Board of Governors of the Federal Reserve System;(4) 2 the term “Bureau” means the Bureau of Consumer Financial Protection;(5) the term “business day” means any day on which the offices of the consumer’s financial institution involved in an electronic fund transfer are open to the public for carrying on substantially all of its business functions;(6) the term “consumer” means a natural person;(7) the term “electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by telephone. Such term does not include—(A) any check guarantee or authorization service which does not directly result in a debit or credit to a consumer’s account: 33 So in original. The colon probably should be a semicolon.(B) any transfer of funds, other than those processed by automated clearinghouse, made by a financial institution on behalf of a consumer by means of a service that transfers funds held at either Federal Reserve banks or other depository institutions and which is not designed primarily to transfer funds on behalf of a consumer;(C) any transaction the primary purpose of which is the purchase or sale of securities or commodities through a broker-dealer registered with or regulated by the Securities and Exchange Commission;(D) any automatic transfer from a savings account to a demand deposit account pursuant to an agreement between a consumer and a financial institution for the purpose of covering an overdraft or maintaining an agreed upon minimum balance in the consumer’s demand deposit account; or(E) any transfer of funds which is initiated by a telephone conversation between a consumer and an officer or employee of a financial institution which is not pursuant to a prearranged plan and under which periodic or recurring transfers are not contemplated;as determined under regulations of the Bureau;(8) the term “electronic terminal” means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer. Such term includes, but is not limited to, point-of-sale terminals, automated teller machines, and cash dispensing machines;(9) the term “financial institution” means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person who, directly or indirectly, holds an account belonging to a consumer;(10) the term “preauthorized electronic fund transfer” means an electronic fund transfer authorized in advance to recur at substantially regular intervals;(11) the term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing; and(12) the term “unauthorized electronic fund transfer” means an electronic fund transfer from a consumer’s account initiated by a person other than the consumer without actual authority to initiate such transfer and from which the consumer receives no benefit, but the term does not include any electronic fund transfer (A) initiated by a person other than the consumer who was furnished with the card, code, or other means of access to such consumer’s account by such consumer, unless the consumer has notified the financial institution involved that transfers by such other person are no longer authorized, (B) initiated with fraudulent intent by the consumer or any person acting in concert with the consumer, or (C) which constitutes an error committed by a financial institution.(Pub. L. 90–321, title IX, § 903, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728; amended Pub. L. 111–203, title X, § 1084(1), (2), July 21, 2010, 124 Stat. 2081.)Editorial NotesReferences in Text

Section 1602(i) of this title, referred to in par. (2), was redesignated section 1602(j) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

Amendments

2010—Pub. L. 111–203, § 1084(1), which directed the substitution of “Bureau” for “Board” wherever appearing, was executed by making the substitution in pars. (2) and (6) but not in par. (3), to reflect the probable intent of Congress.

Par. (3). Pub. L. 111–203, § 1084(2)(A), redesignated par. (3) as (4) defining the term “Board”.

Par. (4). Pub. L. 111–203, § 1084(2)(B), which directed addition of par. (4) defining the term “Bureau” after par. (3), was executed by making the addition after par. (4) defining the term “Board”, to reflect the probable intent of Congress.

Pub. L. 111–203, § 1084(2)(A), redesignated par. (3) as (4) defining the term “Board”. Former par. (4) redesignated (5).

Pars. (5) to (12). Pub. L. 111–203, § 1084(2)(A), redesignated pars. (4) to (11) as (5) to (12), respectively.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by 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.

Notes of Decisions
Cited in 127 cases (53 in the last 5 years), 1983–2026 · leading case: Puglisi v. Debt Recovery Solutions, LLC, 822 F. Supp. 2d 218 (E.D.N.Y 2011).
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Puglisi v. Debt Recovery Solutions, LLC, 822 F. Supp. 2d 218 (E.D.N.Y 2011). · cites it 11× “” 15 U.S.C. § 1693a(6). A “preauthorized electronic fund transfer” is defined as “an electronic fund transfer authorized in advance to recur at substan *232 tially regular intervals.”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). · cites it 9× “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
Ironforge. Com v. Paychex, Inc., 747 F. Supp. 2d 384 (W.D.N.Y. 2010). · cites it 4× “” See 15 U.S.C. § 1693a(2). “Accordingly, the EFTA does not apply to accounts that are used primarily or solely for commercial purposes.”
Nordberg v. Trilegiant Corp., 445 F. Supp. 2d 1082 (N.D. Cal. 2006). · cites it 3× “” 15 U.S.C. § 1693a. Although the actions alleged in plaintiffs’ complaint involve the debiting of credit and/or debit card accounts, there is no indication, and plaintiffs do not dispute, that either defendant is a “financial institution.”
Wright v. Citizen's Bank of East Tennessee, 640 F. App'x 401 (6th Cir. 2016). · cites it 3× “§ 1693o-l, as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693a, as amended from time to time.”
Geiger v. Crestar Bank, 778 A.2d 1085 (D.C. 2001). · cites it 3× “See 15 U.S.C. §§ 1693a (6) (definition of electronic fund transfer); 1693f (error resolution); 1693m (civil liability).”
Cobb v. PayLease LLC, 34 F. Supp. 3d 976 (D. Minnesota 2014). · cites it 5× “15 U.S.C. § 1693a(7). Generally, in order for a defendant’s conduct to come within the scope of EFTA the transaction at issue must involve an electronic fund transfer.”
Cobb v. Monarch Fin. Corp., 913 F. Supp. 1164 (N.D. Ill. 1995). · cites it 4× “3(b), and the number of allotments is in no way mentioned in the definition of the accounts or transactions protected by the relevant statutes or regulations, EFTA, 15 U.S.C. § 1693a(2), 12 C.F.R. § 205.3 (b); TILA 15 U.”
Garry Curtis v. Propel Prop. Tax Funding, 915 F.3d 234 (4th Cir. 2019). “Under EFTA, a consumer is a "natural person," 15 U.S.C. § 1693a(6), so there is no dispute that Curtis is a consumer for purposes of EFTA.”
Wendorf v. Landers, 755 F. Supp. 2d 972 (N.D. Ill. 2010). · cites it 2× “” 15 U.S.C. § 1693a(11). This section appears to be inapplicable to the case before the court.”
Bernhard v. Whitney Nat'l Bank, 523 F.3d 546 (5th Cir. 2008). “The district court found that the Bernhards could not set forth a cause of action against Capital One under the EFTA because Capital One is not a “financial institution” with respect to the Bernhards as provided by the EFTA, 15 U.S.C. § 1693a(8). *550 The court found that it had…”
James Frey v. First Nat'l Bank Sw., 602 F. App'x 164 (5th Cir. 2015). · cites it 2× “First National argues that because EFTA applies only to consumers whose accounts are “established primarily for personal, family, or household purposes,” 15 U.S.C. § 1693a(2), the court would have to conduct a fact-intensive, individualized inquiry into the nature of every class…”
Show all 127 citing cases →
— 15 U.S.C. § 1693a(1) — 1 case
Stephen S. Patterson, II v. Suntrust Bank, East Tennessee (Tenn. Ct. App. 2013).
— 15 U.S.C. § 1693a(10) — 6 cases
Fed. Trade Comm'n v. Johnson, 96 F. Supp. 3d 1110 (D. Nev. 2015).
Pingston-Poling v. Advia Credit Union, 333 F. Supp. 3d 745 (W.D. Mich. 2018).
de la Torre v. CashCall, Inc., 56 F. Supp. 3d 1073 (N.D. Cal. 2014).
Price v. SEIU, United Healthcare Workers - West (E.D. Cal. 2021).
Santoro v. State Farm Mut. Auto. Ins. Co. (S.D.N.Y. 2020).
— 15 U.S.C. § 1693a(11) — 2 cases
Wendorf v. Landers, 755 F. Supp. 2d 972 (N.D. Ill. 2010). “” 15 U.S.C. § 1693a(11). This section appears to be inapplicable to the case before the court.”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
— 15 U.S.C. § 1693a(12) — 19 cases
L.S. Ex Rel. P.S. v. Webloyalty.com, Inc., 673 F. App'x 100 (2d Cir. 2016).
I.B. ex rel. Fife v. Facebook, Inc., 905 F. Supp. 2d 989 (N.D. Cal. 2012).
Kevin Park v. webloyalty.com, Inc., 685 F. App'x 589 (9th Cir. 2017).
Nelipa v. TD Bank, N.A. (E.D.N.Y 2024).
Jonathan Nguyen v. Coinbase Inc. (C.D. Cal. 2024).
— 15 U.S.C. § 1693a(12)(A) — 1 case
Aikens v. Portfolio Recovery Assocs., LLC (2d Cir. 2017).
— 15 U.S.C. § 1693a(2) — 29 cases
Ironforge. Com v. Paychex, Inc., 747 F. Supp. 2d 384 (W.D.N.Y. 2010). “” See 15 U.S.C. § 1693a(2). “Accordingly, the EFTA does not apply to accounts that are used primarily or solely for commercial purposes.”
Cobb v. Monarch Fin. Corp., 913 F. Supp. 1164 (N.D. Ill. 1995). “3(b), and the number of allotments is in no way mentioned in the definition of the accounts or transactions protected by the relevant statutes or regulations, EFTA, 15 U.S.C. § 1693a(2), 12 C.F.R. § 205.3 (b); TILA 15 U.”
James Frey v. First Nat'l Bank Sw., 602 F. App'x 164 (5th Cir. 2015). “First National argues that because EFTA applies only to consumers whose accounts are “established primarily for personal, family, or household purposes,” 15 U.S.C. § 1693a(2), the court would have to conduct a fact-intensive, individualized inquiry into the nature of every class…”
Gilbert & Caddy, P.A. v. JP Morgan Chase Bank, N.A., 193 F. Supp. 3d 1294 (S.D. Fla. 2016).
Regatos v. North Fork Bank, 257 F. Supp. 2d 632 (S.D.N.Y. 2003).
— 15 U.S.C. § 1693a(3) — 2 cases
Versteeg v. Bennett, Deloney & Noyes, P.C., 775 F. Supp. 2d 1316 (D. Wyo. 2011).
Kruser v. Bank of Am. NT&SA, 91 Cal. Daily Op. Serv. 4014 (Cal. Ct. App. 1991).
— 15 U.S.C. § 1693a(4) — 1 case
Yagoub Mohamed v. Bank of Am., N.A., 93 F.4th 205 (4th Cir. 2024).
— 15 U.S.C. § 1693a(5) — 3 cases
Ironforge. Com v. Paychex, Inc., 747 F. Supp. 2d 384 (W.D.N.Y. 2010). “” See 15 U.S.C. § 1693a(2). “Accordingly, the EFTA does not apply to accounts that are used primarily or solely for commercial purposes.”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
Abyaneh v. Merchants Bank, North, 670 F. Supp. 1298 (M.D. Penn. 1987).
— 15 U.S.C. § 1693a(6) — 22 cases
Puglisi v. Debt Recovery Solutions, LLC, 822 F. Supp. 2d 218 (E.D.N.Y 2011). “” 15 U.S.C. § 1693a(6). A “preauthorized electronic fund transfer” is defined as “an electronic fund transfer authorized in advance to recur at substan *232 tially regular intervals.”
Garry Curtis v. Propel Prop. Tax Funding, 915 F.3d 234 (4th Cir. 2019). “Under EFTA, a consumer is a "natural person," 15 U.S.C. § 1693a(6), so there is no dispute that Curtis is a consumer for purposes of EFTA.”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
Nordberg v. Trilegiant Corp., 445 F. Supp. 2d 1082 (N.D. Cal. 2006). “” 15 U.S.C. § 1693a. Although the actions alleged in plaintiffs’ complaint involve the debiting of credit and/or debit card accounts, there is no indication, and plaintiffs do not dispute, that either defendant is a “financial institution.”
Navajo Nation v. Wells Fargo & Co., 344 F. Supp. 3d 1292 (D.N.M. 2018).
— 15 U.S.C. § 1693a(6)(B) — 1 case
Bradford Trust Co. of Boston, Cross-Appellee v. Texas Am. Bank--Houston, Cross-Appellant, 790 F.2d 407 (5th Cir. 1986).
— 15 U.S.C. § 1693a(6)(E) — 3 cases
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
Schroeder v. Capital One Fin. Corp., 665 F. Supp. 2d 219 (E.D.N.Y 2009).
Abyaneh v. Merchants Bank, North, 670 F. Supp. 1298 (M.D. Penn. 1987).
— 15 U.S.C. § 1693a(7) — 34 cases
Wright v. Citizen's Bank of East Tennessee, 640 F. App'x 401 (6th Cir. 2016). “§ 1693o-l, as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693a, as amended from time to time.”
Cobb v. PayLease LLC, 34 F. Supp. 3d 976 (D. Minnesota 2014). “15 U.S.C. § 1693a(7). Generally, in order for a defendant’s conduct to come within the scope of EFTA the transaction at issue must involve an electronic fund transfer.”
John David Wilson, Jr. v. Sec'y, Dep't of Corr., 54 F.4th 652 (11th Cir. 2022).
Jarek Charvat v. Mut. First Fed. Credit Union, 725 F.3d 819 (8th Cir. 2013).
I.B. ex rel. Fife v. Facebook, Inc., 905 F. Supp. 2d 989 (N.D. Cal. 2012).
— 15 U.S.C. § 1693a(7)(C) — 1 case
Fagan v. Nexo Capital, Inc. (E.D. Tex. 2025).
— 15 U.S.C. § 1693a(7)(E) — 2 cases
Cobb v. PayLease LLC, 34 F. Supp. 3d 976 (D. Minnesota 2014). “15 U.S.C. § 1693a(7). Generally, in order for a defendant’s conduct to come within the scope of EFTA the transaction at issue must involve an electronic fund transfer.”
Ally Bank v. Webster (D. Vt. 2020).
— 15 U.S.C. § 1693a(8) — 5 cases
Bernhard v. Whitney Nat'l Bank, 523 F.3d 546 (5th Cir. 2008). “The district court found that the Bernhards could not set forth a cause of action against Capital One under the EFTA because Capital One is not a “financial institution” with respect to the Bernhards as provided by the EFTA, 15 U.S.C. § 1693a(8). *550 The court found that it had…”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “See also 15 U.S.C. § 1693a. The plaintiff suggests in her reply brief that she would have no adequate legal remedy for the wrong she has suffered if she were denied relief under the EFTA.”
Ironforge. Com v. Paychex, Inc., 747 F. Supp. 2d 384 (W.D.N.Y. 2010). “” See 15 U.S.C. § 1693a(2). “Accordingly, the EFTA does not apply to accounts that are used primarily or solely for commercial purposes.”
Friedman v. 24 Hour Fitness USA, Inc., 580 F. Supp. 2d 985 (C.D. Cal. 2008).
Abyaneh v. Merchants Bank, North, 670 F. Supp. 1298 (M.D. Penn. 1987).
— 15 U.S.C. § 1693a(9) — 10 cases
Puglisi v. Debt Recovery Solutions, LLC, 822 F. Supp. 2d 218 (E.D.N.Y 2011). “” 15 U.S.C. § 1693a(6). A “preauthorized electronic fund transfer” is defined as “an electronic fund transfer authorized in advance to recur at substan *232 tially regular intervals.”
Wendorf v. Landers, 755 F. Supp. 2d 972 (N.D. Ill. 2010). “” 15 U.S.C. § 1693a(11). This section appears to be inapplicable to the case before the court.”
In Re DirecTV Early Cancellation Litig., 738 F. Supp. 2d 1062 (C.D. Cal. 2010).
L.S. Ex Rel. P.S. v. Webloyalty.com, Inc., 673 F. App'x 100 (2d Cir. 2016).
Cobb v. PayLease LLC, 34 F. Supp. 3d 976 (D. Minnesota 2014). “15 U.S.C. § 1693a(7). Generally, in order for a defendant’s conduct to come within the scope of EFTA the transaction at issue must involve an electronic fund transfer.”
— 15 U.S.C. § 1693a(l) — 1 case
State v. Standifer, 737 P.2d 1058 (Wash. Ct. App. 1987).
— 15 U.S.C. § 1693a(ll) — 2 cases
Nordberg v. Trilegiant Corp., 445 F. Supp. 2d 1082 (N.D. Cal. 2006). “” 15 U.S.C. § 1693a. Although the actions alleged in plaintiffs’ complaint involve the debiting of credit and/or debit card accounts, there is no indication, and plaintiffs do not dispute, that either defendant is a “financial institution.”
L.S. ex rel. P.S. v. Webloyalty, Inc., 138 F. Supp. 3d 164 (D. Conn. 2015).
— 15 U.S.C. § 1693a(ll)(A) — 1 case
Collins v. Missouri Elec. Cooperatives Employees Credit Union, 313 F. App'x 911 (8th Cir. 2008).
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