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

15 U.S.C. § 1693g

Consumer liability

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(a) Unauthorized electronic fund transfers; limitA consumer shall be liable for any unauthorized electronic fund transfer involving the account of such consumer only if the card or other means of access utilized for such transfer was an accepted card or other meanas 11 So in original. Probably should be “means”. of access and if the issuer of such card, code, or other means of access has provided a means whereby the user of such card, code, or other means of access can be identified as the person authorized to use it, such as by signature, photograph, or fingerprint or by electronic or mechanical confirmation. In no event, however, shall a consumer’s liability for an unauthorized transfer exceed the lesser of—(1) $50; or(2) the amount of money or value of property or services obtained in such unauthorized electronic fund transfer prior to the time the financial institution is notified of, or otherwise becomes aware of, circumstances which lead to the reasonable belief that an unauthorized electronic fund transfer involving the consumer’s account has been or may be effected. Notice under this paragraph is sufficient when such steps have been taken as may be reasonably required in the ordinary course of business to provide the financial institution with the pertinent information, whether or not any particular officer, employee, or agent of the financial institution does in fact receive such information.Notwithstanding the foregoing, 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 under section 1693d of this title. 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), 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.(b) Burden of proof

In any action which involves a consumer’s liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized or, if the electronic fund transfer was unauthorized, then the burden of proof is upon the financial institution to establish that the conditions of liability set forth in subsection (a) have been met, and, if the transfer was initiated after the effective date of section 1693c of this title, that the disclosures required to be made to the consumer under section 1693c(a)(1) and (2) of this title were in fact made in accordance with such section.

(c) Determination of limitation on liability

In the event of a transaction which involves both an unauthorized electronic fund transfer and an extension of credit as defined in section 1602(e) 22 See References in Text note below. of this title pursuant to an agreement between the consumer and the financial institution to extend such credit to the consumer in the event the consumer’s account is overdrawn, the limitation on the consumer’s liability for such transaction shall be determined solely in accordance with this section.

(d) Restriction on liability

Nothing in this section imposes liability upon a consumer for an unauthorized electronic fund transfer in excess of his liability for such a transfer under other applicable law or under any agreement with the consumer’s financial institution.

(e) Scope of liability

Except as provided in this section, a consumer incurs no liability from an unauthorized electronic fund transfer.

(Pub. L. 90–321, title IX, § 909, as added Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3734.)Editorial NotesReferences in Text

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

Notes of Decisions
Cited in 37 cases (21 in the last 5 years), 1983–2026 · leading case: Margaretha Widjaja v. Jpmorgan Chase Bank, N.A., 21 F.4th 579 (9th Cir. 2021).
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Margaretha Widjaja v. Jpmorgan Chase Bank, N.A., 21 F.4th 579 (9th Cir. 2021). · cites it 7× “JPMORGAN CHASE BANK 7 II This appeal requires us to interpret the EFTA provision limiting a consumer’s liability for unauthorized electronic fund transfers, 15 U.S.C. § 1693g. The provision states that in most instances a consumer’s liability for an unauthorized transfer (or a…”
Friedman v. 24 Hour Fitness USA, Inc., 580 F. Supp. 2d 985 (C.D. Cal. 2008). · cites it 3× “To Maintain Their EFTA Claim, Plaintiffs Need Not Allege They Notified A Financial Institution Defendant seeks dismissal of Plaintiffs’ federal EFTA claim for failure to allege compliance with the notice requirement of 15 U.S.C. § 1693g(a). Section 1693g, entitled “Consumer…”
Peters v. Riggs Nat'l Bank, N.A., 942 A.2d 1163 (D.C. 2008). · cites it 2× “See 15 U.S.C. § 1693g (a) (limiting the amount of consumer liability for unauthorized transactions); 15 U.”
Michigan First Credit Union v. T-Mobile USA, Inc., 108 F.4th 421 (6th Cir. 2024). · cites it 2× “15 U.S.C. § 1693g; see also Merisier v. Bank of Am.”
Anderson v. Hannaford Bros. Co., 659 F.3d 151 (1st Cir. 2011). “§ 1643 , and the Electronic Fund Transfer Act, 15 U.S.C. § 1693g, cardholders are liable for up to $50 in unauthorized charges, with the exception that under the Electronic Fund Transfer Act, a cardholder can be liable for up to $500 if the holder fails to report the fraud…”
United States v. Goldblatt, Lynn David, 813 F.2d 619 (3rd Cir. 1987). “See 15 U.S.C. § 1693g. The Act places the *626 burden of proof upon the bank to determine whether the electronic fund transfer was authorized.”
Geiger v. Crestar Bank, 778 A.2d 1085 (D.C. 2001). “See 15 U.S.C. § 1693g. Mr. Geiger and Crestar do not address the question whether the account established by Mr.”
In Re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 613 F. Supp. 2d 108 (D. Me. 2009). “15 U.S.C § 1693g(a). (A similar $50 limit applies to fraudulent credit card transactions.”
Hospicomm, Inc. v. Fleet Bank, N.A., 338 F. Supp. 2d 578 (E.D. Pa. 2004). “…of the loss or theft but prior to notice to the financial institution under this subsection, whichever is less. 15 U.S.C.A. § 1693g.”
Morvarid Paydar Kashanchi v. Texas Com. Med. Bank, N.A., 703 F.2d 936 (5th Cir. 1983). “Limitations on the consumer’s liability for unauthorized transfers are contained in 15 U.S.C. § 1693g.”
Binns v. BB & T Bank, 377 F. Supp. 3d 487 (E.D. Pa. 2019). “15 U.S.C. § 1693g(a). Had Mr. Binns told BB & T of the unauthorized transactions, BB & T would undoubtedly have taken preventative measures, which was in fact what happened in March 2017 shortly after Mr.”
Lewis v. AT & T Mobility, 387 S.W.3d 234 (Ark. Ct. App. 2011). · cites it 2× “15 U.S.C.A. § 1693g(a). However, 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 any unauthorized electronic…”
Show all 37 citing cases →
— 15 U.S.C. § 1693g(a) — 17 cases
Margaretha Widjaja v. Jpmorgan Chase Bank, N.A., 21 F.4th 579 (9th Cir. 2021). “JPMORGAN CHASE BANK 7 II This appeal requires us to interpret the EFTA provision limiting a consumer’s liability for unauthorized electronic fund transfers, 15 U.S.C. § 1693g. The provision states that in most instances a consumer’s liability for an unauthorized transfer (or a…”
Friedman v. 24 Hour Fitness USA, Inc., 580 F. Supp. 2d 985 (C.D. Cal. 2008). “To Maintain Their EFTA Claim, Plaintiffs Need Not Allege They Notified A Financial Institution Defendant seeks dismissal of Plaintiffs’ federal EFTA claim for failure to allege compliance with the notice requirement of 15 U.S.C. § 1693g(a). Section 1693g, entitled “Consumer…”
In Re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 613 F. Supp. 2d 108 (D. Me. 2009). “15 U.S.C § 1693g(a). (A similar $50 limit applies to fraudulent credit card transactions.”
Binns v. BB & T Bank, 377 F. Supp. 3d 487 (E.D. Pa. 2019). “15 U.S.C. § 1693g(a). Had Mr. Binns told BB & T of the unauthorized transactions, BB & T would undoubtedly have taken preventative measures, which was in fact what happened in March 2017 shortly after Mr.”
Lewis v. AT & T Mobility, 387 S.W.3d 234 (Ark. Ct. App. 2011). “15 U.S.C.A. § 1693g(a). However, 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 any unauthorized electronic…”
— 15 U.S.C. § 1693g(a)(2) — 2 cases
Kruser v. Bank of Am. NT&SA, 91 Cal. Daily Op. Serv. 4014 (Cal. Ct. App. 1991).
Sari E. Newman v. JPMorgan Chase Bank, N.A. (2d Cir. 2025).
— 15 U.S.C. § 1693g(b) — 10 cases
Margaretha Widjaja v. Jpmorgan Chase Bank, N.A., 21 F.4th 579 (9th Cir. 2021). “JPMORGAN CHASE BANK 7 II This appeal requires us to interpret the EFTA provision limiting a consumer’s liability for unauthorized electronic fund transfers, 15 U.S.C. § 1693g. The provision states that in most instances a consumer’s liability for an unauthorized transfer (or a…”
Friedman v. 24 Hour Fitness USA, Inc., 580 F. Supp. 2d 985 (C.D. Cal. 2008). “To Maintain Their EFTA Claim, Plaintiffs Need Not Allege They Notified A Financial Institution Defendant seeks dismissal of Plaintiffs’ federal EFTA claim for failure to allege compliance with the notice requirement of 15 U.S.C. § 1693g(a). Section 1693g, entitled “Consumer…”
Lewis v. AT & T Mobility, 387 S.W.3d 234 (Ark. Ct. App. 2011). “15 U.S.C.A. § 1693g(a). However, 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 any unauthorized electronic…”
Sparkman v. Comerica Bank (N.D. Cal. 2023).
Sparkman v. Comerica Bank (N.D. Cal. 2023).
— 15 U.S.C. § 1693g(e) — 1 case
Day (E.D. Ky. 2026).
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