No person may issue to a consumer any card, code, or other means of access to such consumer’s account for the purpose of initiating an electronic fund transfer other than—
(1)in response to a request or application therefor; or
(2)as a renewal of, or in substitution for, an accepted card, code, or other means of access, whether issued by the initial issuer or a successor.
(b) Exceptions
Notwithstanding the provisions of subsection (a) of this section, a person may distribute to a consumer on an unsolicited basis a card, code, or other means of access for use in initiating an electronic fund transfer from such consumer’s account, if—
(1)such card, code, or other means of access is not validated;
(2)such distribution is accompanied by a complete disclosure, in accordance with section
1693c of this title, of the consumer’s rights and liabilities which will apply if such card, code, or other means of access is validated;
(3)such distribution is accompanied by a clear explanation, in accordance with regulations of the Bureau, that such card, code, or other means of access is not validated and how the consumer may dispose of such code, card, or other means of access if validation is not desired; and
(4)such card, code, or other means of access is validated only in response to a request or application from the consumer, upon verification of the consumer’s identity.
(c) Validation
For the purpose of subsection (b) of this section, a card, code, or other means of access is validated when it may be used to initiate an electronic fund transfer.
No person may issue to a consumer any card, code, or other means of access to such consumer’s account for the purpose of initiating an electronic fund transfer other than—
(1)in response to a request or application therefor; or
(2)as a renewal of, or in substitution for, an accepted card, code, or other means of access, whether issued by the initial issuer or a successor.
(b) Exceptions
Notwithstanding the provisions of subsection (a) of this section, a person may distribute to a consumer on an unsolicited basis a card, code, or other means of access for use in initiating an electronic fund transfer from such consumer’s account, if—
(1)such card, code, or other means of access is not validated;
(2)such distribution is accompanied by a complete disclosure, in accordance with section
1693c of this title, of the consumer’s rights and liabilities which will apply if such card, code, or other means of access is validated;
(3)such distribution is accompanied by a clear explanation, in accordance with regulations of the Bureau, that such card, code, or other means of access is not validated and how the consumer may dispose of such code, card, or other means of access if validation is not desired; and
(4)such card, code, or other means of access is validated only in response to a request or application from the consumer, upon verification of the consumer’s identity.
(c) Validation
For the purpose of subsection (b) of this section, a card, code, or other means of access is validated when it may be used to initiate an electronic fund transfer.
2010—Subsec. (b)(3). Pub. L. 111–203substituted “Bureau” for “Board”.
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203effective on the designated transfer date, see section 1100H ofPub. L. 111–203, set out as a note under section
552a of Title
5, Government Organization and Employees.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Monday, June 17, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
15 USC
Description of Change
Session Year
Public Law
Statutes at Large
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.