This subchapter does not annul, alter, or affect the laws of any State relating to electronic fund transfers, dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. A State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection afforded by this subchapter. The Bureau shall, upon its own motion or upon the request of any financial institution, State, or other interested party, submitted in accordance with procedures prescribed in regulations of the Bureau, determine whether a State requirement is inconsistent or affords greater protection. If the Bureau determines that a State requirement is inconsistent, financial institutions shall incur no liability under the law of that State for a good faith failure to comply with that law, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. This subchapter does not extend the applicability of any such law to any class of persons or transactions to which it would not otherwise apply.
Pub. L. 90–321, title IX, § 922Pub. L. 95–630, title XX, § 200192 Stat. 3741Pub. L. 111–24, title IV123 Stat. 1751Pub. L. 111–203, title X124 Stat. 2060(, formerly § 919, as added , , ; renumbered § 920 and amended , §§ 401(1), 402, , , 1754; renumbered § 921, renumbered § 922, and amended , §§ 1073(a)(3), 1075(a)(1), 1084(1), , , 2068, 2081.)
Editorial Notes
Codification
section 922 of Pub. L. 90–321section 1693r of this titleAnother is classified to .
section 919 of Pub. L. 90–321section 401(1) of Pub. L. 111–24section 920 of Pub. L. 90–321Pub. L. 111–203section 403 of Pub. L. 111–24lsection 4 of Pub. L. 111–203section 5301 of Title 12Pub. L. 111–24Pub. L. 111–203Renumbering of as section 920 by was executed prior to the renumberings of as section 921 and then as section 922 by sections 1073(a)(3) and 1075(a)(1) of as the probable intent of Congress, notwithstanding , set out as an Effective Date note under section 1693–1 of this title and , set out as an Effective Date note under , Banks and Banking, which provided that the renumbering by was effective 15 months after , and the renumberings by were effective 1 day after .
Prior Provisions
section 922 of Pub. L. 90–321section 1693 of this titleA prior was renumbered section 923 and is classified as an Effective Date note under .
Amendments
Pub. L. 111–203, § 1084(1)2010—, substituted “Bureau” for “Board” wherever appearing.
Pub. L. 111–24, § 4022009—, inserted “dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards,” after “electronic fund transfers,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
section 1084(1) of Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Effective Date of 2009 Amendment
Pub. L. 111–24section 403 of Pub. L. 111–24lAmendment by effective 15 months after , see , set out as an Effective Date note under section 1693–1 of this title.