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

15 U.S.C. § 1693e

Preauthorized transfers

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(a) A preauthorized electronic fund transfer from a consumer’s account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.(b) In the case of preauthorized transfers from a consumer’s account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Bureau, of the amount to be transferred and the scheduled date of the transfer.(Pub. L. 90–321, title IX, § 907, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3733; amended Pub. L. 111–203, title X, § 1084(1), July 21, 2010, 124 Stat. 2081.)Editorial NotesAmendments

2010—Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Board”.

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 46 cases (10 in the last 5 years), 1990–2026 · leading case: Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011).
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Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011). · cites it 2× “” 15 U.S.C. § 1693e(a). When the Act is violated, plaintiffs can obtain an award of “any actual damage sustained .”
L.S. Ex Rel. P.S. v. Webloyalty.com, Inc., 673 F. App'x 100 (2d Cir. 2016). · cites it 4× “5 First, appellant claims that Webloyalty violated EFTA by receiving unauthorized electronic fund transfers in violation of 15 U.S.C. § 1693e(a). Second, appellant alleges that Webloyalty violated EFTA by failing to provide him a copy of the authorization for the transfer, also…”
Williams v. Affinion Grp., LLC, 889 F.3d 116 (2d Cir. 2018). “2016) (summary order) (finding same activity to constitute authorization under the Electronic Funds Transfer Act, 15 U.S.C. § 1693e(a) ). The plaintiffs contend that they could not have consented because they have no recollection of giving such authorization or providing their…”
L.S. v. Webloyalty, Inc., GameStop Corp., 954 F.3d 110 (2d Cir. 2020). · cites it 2× “We ruled that the 13 EFTA claim alleging that Webloyalty received unauthorized electronic fund 14 transfers in violation of 15 U.S.C. § 1693e(a) was properly dismissed because L.”
Nordberg v. Trilegiant Corp., 445 F. Supp. 2d 1082 (N.D. Cal. 2006). · cites it 2× “” 15 U.S.C. § 1693e (emphasis added). An “electronic fund transfer” is defined as “any transfer of funds .”
Wendorf v. Landers, 755 F. Supp. 2d 972 (N.D. Ill. 2010). · cites it 2× “” 3 15 U.S.C. § 1693e(a); accord 12 C.F.R. § 205.”
Van Tassell v. United Mktg. Grp., LLC, 795 F. Supp. 2d 770 (N.D. Ill. 2011). “(Count I); (2) violation of the Electronic Funds Transfer *776 Act (“EFTA”), 15 U.S.C. § 1693e (Count II); (3) violation of the Electronic Communications Privacy Act (“ECPA”), 18 U.”
Robins v. Global Fitness Holdings, LLC, 838 F. Supp. 2d 631 (N.D. Ohio 2012). “” 15 U.S.C. § 1693e(a). Pursuant to Regulation E, the statute’s implementing regulation, “[p]reauthorized electronic fund transfers from a consumer’s account may be authorized only by a writing signed or similarly authenticated by the consumer.”
Wike v. Vertrue, Inc., 566 F.3d 590 (6th Cir. 2009). “15 U.S.C. § 1693e(a). But nothing in § 1693e(a) pinpoints when Vertrue had to fulfill those obligations.”
In Re DirecTV Early Cancellation Litig., 738 F. Supp. 2d 1062 (C.D. Cal. 2010). “” 15 U.S.C. §§ 1693e(a), (b). But “the term ‘preauthorized electronic fund transfer’ means an electronic fund transfer authorized in advance to recur at substantially regular intervals.”
O'Donovan v. CashCall, Inc., 278 F.R.D. 479 (N.D. Cal. 2011). · cites it 2× “larly, Plaintiffs allege that when CashCall fails to collect a loan installment payment or other charge through an electronic funds transfer (“EFT”) on the agreed-upon day, it thereafter attempts to collect the installment payment and other charges on later days during the same…”
In Re Easysaver Rewards Litig., 737 F. Supp. 2d 1159 (S.D. Cal. 2010). “15 U.S.C. § 1693e(a) (“A preauthorized electronic fund transfer from a consumer’s account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made.”
Show all 46 citing cases →
— 15 U.S.C. § 1693e(a) — 36 cases
Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011). “” 15 U.S.C. § 1693e(a). When the Act is violated, plaintiffs can obtain an award of “any actual damage sustained .”
L.S. Ex Rel. P.S. v. Webloyalty.com, Inc., 673 F. App'x 100 (2d Cir. 2016). “5 First, appellant claims that Webloyalty violated EFTA by receiving unauthorized electronic fund transfers in violation of 15 U.S.C. § 1693e(a). Second, appellant alleges that Webloyalty violated EFTA by failing to provide him a copy of the authorization for the transfer, also…”
Williams v. Affinion Grp., LLC, 889 F.3d 116 (2d Cir. 2018). “2016) (summary order) (finding same activity to constitute authorization under the Electronic Funds Transfer Act, 15 U.S.C. § 1693e(a) ). The plaintiffs contend that they could not have consented because they have no recollection of giving such authorization or providing their…”
L.S. v. Webloyalty, Inc., GameStop Corp., 954 F.3d 110 (2d Cir. 2020). “We ruled that the 13 EFTA claim alleging that Webloyalty received unauthorized electronic fund 14 transfers in violation of 15 U.S.C. § 1693e(a) was properly dismissed because L.”
Wendorf v. Landers, 755 F. Supp. 2d 972 (N.D. Ill. 2010). “” 3 15 U.S.C. § 1693e(a); accord 12 C.F.R. § 205.”
— 15 U.S.C. § 1693e(b) — 6 cases
Nordberg v. Trilegiant Corp., 445 F. Supp. 2d 1082 (N.D. Cal. 2006). “” 15 U.S.C. § 1693e (emphasis added). An “electronic fund transfer” is defined as “any transfer of funds .”
Puglisi v. Debt Recovery Solutions, LLC, 822 F. Supp. 2d 218 (E.D.N.Y 2011).
Feinman v. Bank of Delaware, 728 F. Supp. 1105 (D. Del. 1990).
Corral v. Nationstar Mortg., LLC (E.D. Cal. 2020).
Wheeler v. The Fitness Formula, LTD. (N.D. Ill. 2018).
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