15 U.S. Code § 1693h - Liability of financial institutions
(a) Action or failure to act proximately causing damages
Subject to subsections (b) and (c) of this section, a financial institution shall be liable to a consumer for all damages proximately caused by—
(1) the financial institution’s failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where—
(2) the financial institution’s failure to make an electronic fund transfer due to insufficient funds when the financal  institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer’s account which would have provided sufficient funds to make the transfer, and
(b) Acts of God and technical malfunctions
A financial institution shall not be liable under subsection (a)(1) or (2) of this section if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from—
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
In the case of a failure described in subsection (a) of this section which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) Exception for damaged notices
If the notice required to be posted pursuant to section 1693b (d)(3)(B)(i) of this title by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 1693b (d)(3)(B)(i) of this title.
 So in original. Probably should be “financial”.
Source(Pub. L. 90–321, title IX, § 910, as added Pub. L. 95–630, title XX, § 2001,Nov. 10, 1978, 92 Stat. 3735; amended Pub. L. 106–102, title VII, § 705,Nov. 12, 1999, 113 Stat. 1465; Pub. L. 111–203, title X, § 1084(1),July 21, 2010, 124 Stat. 2081.)
2010—Subsec. (a)(1)(E). Pub. L. 111–203substituted “Bureau” for “Board”.
1999—Subsec. (d). Pub. L. 106–102added subsec. (d).
Effective Date of 2010 Amendment
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