I 
110TH CONGRESS 
1ST SESSION H. R. 2911 
To amend the Electronic Fund Transfer Act to provide similar protections 
under that Act for consumers as apply under the Truth in Lending 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2007 
Mr. ACKERMAN (for himself, Mr. GRIJALVA, Ms. KAPTUR, Ms. JACKSON-LEE 
of Texas, Mr. CAPUANO, Mr. COHEN, Ms. ZOE LOFGREN of California, 
Mr. PRICE of North Carolina, Mr. RANGEL, Ms. SCHAKOWSKY, Mr. 
MCDERMOTT, Ms. LEE, and Mr. CLEAVER) introduced the following bill; 
which was referred to the Committee on Financial Services 
A BILL 
To amend the Electronic Fund Transfer Act to provide simi-
lar protections under that Act for consumers as apply 
under the Truth in Lending Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electronic Funds 
Transfer Equal Consumer Protection Act’’. 
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SEC. 2. EQUAL CONSUMER PROTECTION. 
(a) DEFINITION OF ERROR.—Section 908(f) of the 
Electronic Fund Transfer Act (15 U.S.C. 1693f(f)) is 
amended— 
(1) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (7); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) an electronic fund transfer affecting the 
customer’s account in connection with a transaction 
for goods or services not accepted by the customer 
or a designee of the customer or not delivered to the 
customer or any such designee, or that is not in ac-
cordance with the agreement made at the time of a 
transaction;’’. 
(b) COVERED TRANSACTIONS.—Section 903(6) of the 
Electronic Fund Transfer Act (15 U.S.C. 1693a(6)) is 
amended by inserting after the 2nd sentence the following 
new sentence: ‘‘Such term also includes any transaction 
initiated through an electronic terminal, telephonic instru-
ment, or computer, including transactions initiated 
through the use of a check card or a card commonly re-
ferred to as a debit card, without regard to the manner 
in which the third party conveys the order, instruction, 
or authorization to the financial institution to credit or 
debit the consumer’s account at the financial institution.’’. 
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(c) PROMPT PROVISIONAL RECREDIT REQUIRED.— 
Section 908(c) of the Electronic Fund Transfer Act (15 
U.S.C. 1693f(c)) is amended by striking the first sentence 
and inserting the following new sentence: ‘‘PROMPT PRO-
VISIONAL RECREDIT REQUIRED.—If a financial institu-
tion receives notice of an error in the manner and within 
the time period specified in subsection (a), the financial 
institution shall, within 1 business day after receiving such 
notice, provisionally recredit the consumer’s account for 
the amount alleged to be in error, subject to section 909, 
including interest where applicable, pending the conclusion 
of the investigation by the financial institution under sub-
section (a) and the determination of whether an error has 
occurred.’’. 
(d) PROMPT ERROR RESOLUTION REQUIRED.—Sec-
tion 908(a) of the Electronic Fund Transfer Act (15 
U.S.C. 1693f(a) is amended to read as follows: 
‘‘(a) INVESTIGATION
OF REPORTED ERROR RE-
QUIRED.— 
‘‘(1) IN GENERAL.—If, before the end of the 
60-day period beginning on the date a financial in-
stitution transmits consumer documentation pursu-
ant to subsection (a), (c), or (d) of section 906 or 
a notice relating to a consumer account pursuant to 
section 906(b) to a consumer, the financial institu-
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tion receives oral or written notice in which the con-
sumer— 
‘‘(A) provides sufficient information to 
allow the financial institution to identify the 
name and account number of the consumer; 
‘‘(B) indicates the consumer’s belief that 
the documentation transmitted, or the con-
sumer’s account to which the notice related, 
contains an error and the amount of such error; 
and 
‘‘(C) indicates the reasons for the con-
sumer’s belief (where applicable) that an error 
has occurred, 
the financial institution shall investigate the alleged 
error, determine whether an error has occurred, and 
report or mail the results of such investigation and 
determination to the consumer within 1 business 
day. 
‘‘(2) WRITTEN
CONFIRMATION
OF
ORAL
NO-
TICE.— 
‘‘(A) IN GENERAL.—In any case in which 
a consumer provides oral notice of an error to 
a financial institution in accordance with para-
graph (1), the financial institution may require 
written confirmation to be provided to the insti-
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tution by the consumer if the financial institu-
tion— 
‘‘(i) advises the consumer of such re-
quirement at the time the oral notice is 
made and the manner in which the con-
firmation shall be provided; and 
‘‘(ii) provides the consumer with the 
address to which such confirmation should 
be sent. 
‘‘(B) TIMELY
RECEIPT
OF
CONSUMER 
STATEMENT.—If a requirement by a financial 
institution for a written confirmation pursuant 
to subparagraph (A) of an oral notice by a con-
sumer may be satisfied by a written statement 
prepared and submitted by the consumer, such 
confirmation shall be timely if the financial in-
stitution receives such confirmation before the 
end of the 15-day period beginning on the date 
the financial institution provided the notice to 
the consumer under subparagraph (A). 
‘‘(C) TIMELY RETURN OF FINANCIAL IN-
STITUTION’S
CONFIRMATION
FORM.—If a re-
quirement by a financial institution for a writ-
ten confirmation pursuant to subparagraph (A) 
of an oral notice by a consumer may be only be 
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