Page:United States Statutes at Large Volume 92 Part 3.djvu/1105

 PUBLIC LAW 95-630—NOV. 10, 1978

92 STAT. 3737

"(c) For the purpose of subsection (b), a card, code, or other means of access is validated when it may be used to initiate an electronic fund transfer. "§ 912. Suspension of obligations "If a system malfunction prevents the effectuation of an electronic fund transfer initiated by a consumer to another person, and such other person has agreed to accept payment by such means, the consumer's obligation to the other person shall be suspended until the malfunction is corrected and the electronic fund transfer may be completed, unless such other person has subsequently, by written request, demanded payment by means other than an electronic fund transfer. "§ 913. Compulsory use of electronic fund transfers "No person may— "(1) condition the extension of credit to a consumer on such consumer's repayment by means of preauthorized electronic fund transfers; or "(2) require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit. "§ 914. Waiver of rights "No writing or other agreement between a consumer and any other peison may contain any provision which constitutes a waiver of any right conferred or cause of action created by this title. 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 title or a waiver given in settlement of a dispute or action. "§915. Civil liability "(a) Except as otherwise provided by this section ana section 910, any person who fails to comply with any provision of this title with respect to any consumer, except for an error resolved in accordance with section 908, is liable to such consumer in an amount equal to the sum of— "(1) any actual damage sustained by such consumer as a result of such failure; "(2)(A) in the case of an individual action, an amount not less than $100 nor greater than $1,000; or "(B) in the case of a class action, such amount as the court may allow, except that (i) as to each member of the class no minimum recovery shall be applicable, and (ii) the total recovery under this subparagraph in any class action or series of class f actions arising out of the same failure to comply by the same person shall not be more than the lesser of $500,000 or 1 per centum of the net worth of the defendant; and " (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. "(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors— "(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance, the nature of such noncompliance, and the extent to which the noncompliance was intentional; or

39-194 O—80—pt. 3

70: QL3

15 USC 1693J.

15 USC 1693k.

15 USC 1693/.

15 USC 1693in.

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