15 U.S.C. § 1693l
Waiver of rights
No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this subchapter or a waiver given in settlement of a dispute or action.
Notes of Decisions
Cited in 9
cases (7 in the last 5 years), 2019–2024 · leading case: Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68 (2d Cir. 2022).
Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68 (2d Cir. 2022). “, 15 U.S.C. § 1693l- 11 1(b)(3), (c)(2)(B); 12 C.”
Binns v. BB & T Bank, 377 F. Supp. 3d 487 (E.D. Pa. 2019). “§ 4103 (a) ; 15 U.S.C. §§ 1693l, 1693g(d). As to this aspect of the case, it does not appear that Plaintiff argues Ms.”
Sparkman v. Comerica Bank, No. 4:23-cv-02028 (N.D. Cal. Aug. 4, 2023). “” 15 U.S.C. § 1693l. Again, to the extent that Sparkman alleges a 24 violation of any provision of the EFTA, including section 1693l, she may bring a standalone 25 EFTA claim if one is authorized and supportable.”
Sparkman v. Comerica Bank, No. 4:23-cv-02028 (N.D. Cal. Dec. 21, 2023). “Standing for Claim 2 5 Defendants next move to dismiss claim 2, violation of the EFTA, 15 U.S.C. § 1693l, for 6 lack of subject matter jurisdiction on the ground that Sparkman has not alleged a concrete harm 7 necessary to confer Article III standing.”
Turro v. Advanta Ira Admin. LLC, No. 5:19-cv-00143 (M.D. Ga. Nov. 5, 2019). “Pursuant to 15 U.S.C. § 1693l, “[n]o writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter.”
Daugherty v. Fed. Sav. Bank, No. 1:20-cv-01393 (C.D. Ill. May 21, 2021). “The EFTA prohibits waiver of its protections by contract, 15 U.S.C. § 1693l, so plausibly alleging that Defendant violated this Section would be sufficient for Plaintiff to state a claim under the EFTA, regardless of what her contract with Defendant may have otherwise provided.”
Granados v. OnPoint Cmty. Credit Union, No. 3:21-cv-00847, 2023 WL 3570039 (D. Or. May 18, 2023). “15 USC § 1693l (“No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter.”
Trang v. JPMorgan Chase Bank, N.A., No. 3:22-cv-01744 (D. Or. Sept. 19, 2023). “Nowhere in the 2 See 15 U.S.C. § 1693l (“No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter.”
Watkins v. Rapid Fin. Solutions, Inc., No. 3:20-cv-00509 (D. Nev. Aug. 26, 2024). “15 U.S.C. § 1693l- 5 1(a)(2)(A)(iii) (emphasis added).”
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