113 S2200 IS: Consumer Debit Card Protection Act of 2014 U.S. Senate 2014-04-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2200 IN THE SENATE OF THE UNITED STATES April 2, 2014 Mr. Warner (for himself and Mr. Kirk) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide debit card holders with consumer protections equivalent to those available to credit card holders, and for other purposes.

1.

Short title

This Act may be cited as the Consumer Debit Card Protection Act of 2014.

2.

Amendments to Electronic Fund Transfer Act

The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended—(1)in section 908(c), by inserting , or in the case of an electronic debit transaction, as defined in section 920(c)(5), seven business days except as otherwise allowed by the Bureau to protect against fraud,; and(2)in section 909—(A)in subsection (a), in the first sentence, by striking A consumer shall and inserting Except as provided in subsection (b), a consumer shall;(B)by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and(C)by inserting the following after subsection (a):(b)

Unauthorized debit card transactions

(1)

Liability of consumer

A consumer shall be liable for the unauthorized use of a debit card, only if—(A)the debit card is an accepted debit card;(B)the liability is not in excess of $50;(C)the issuer has provided the consumer with a description of a means by which the issuer may be notified of loss or theft of the card;(D)the unauthorized use occurs before the issuer has been notified that an unauthorized use of the debit card has occurred or may occur as the result of loss, theft, or otherwise; and(E)the issuer has provided a method whereby the user of such card can be identified as the person authorized to use it.(2)

Notification

For purposes of this subsection, an issuer has been notified when such steps as may be reasonably required in the ordinary course of business to provide the issuer with the pertinent information have been taken, whether or not any particular officer, employee, or agent of the issuer does in fact receive such information.(3)

Burden of proof

In any action by an issuer to enforce liability for the use of a debit card, the burden of proof is upon the issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the issuer to show that the conditions of liability for the unauthorized use of a debit card, as set forth in paragraph (1), have been met.(4)

Rule of construction

Nothing in this subsection imposes liability upon a consumer for the unauthorized use of a debit card in excess of his liability for such use under other applicable law or under any agreement with the issuer.(5)

Definitions

As used in this subsection, the terms debit card and issuer have the same meaning as in section 920(c)..