I 112th CONGRESS 1st Session H. R. 3190 IN THE HOUSE OF REPRESENTATIVES October 13, 2011 Mr. Cicilline introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Deposit Insurance Act to prohibit insured depository institutions from charging consumers fees for the use of debit cards.

1.

Prohibition on fees on debit cards

The Federal Deposit Insurance Act is amended by adding at the end the following:

51.

Prohibition on fees on debit cards

(a)

In general

An insured depository institution may not charge a fee to any consumer for receiving or using a debit card. (b)

Civil liability

Any entity that violates subsection (a) with respect to a consumer is liable to that consumer in an amount equal to the sum of— (1)any actual damages sustained by the consumer as a result of the violation or damages of not less than $100 and not more than $1,000; (2)such amount of punitive damages as the court may allow; and (3)in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (c)

Definitions

For purposes of this section, the terms consumer and debit card have the meaning given such terms, respectively, under section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).

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