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 (N.D. Cal. 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 (N.D. Cal. 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 (M.D. Ga. 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. The Fed. Sav. Bank (C.D. Ill. 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 (D. Or. 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. (D. Or. 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. (D. Nev. 2024). “15 U.S.C. § 1693l- 5 1(a)(2)(A)(iii) (emphasis added).”
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