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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 1666h Offset of cardholders indebtedness by issuer of credit card with funds deposited with issuer by cardholder; remedies of creditors under State law not affected us united_states_code code_section 15 COMMERCE AND TRADE 41 CONSUMER CREDIT PROTECTION 1666h 15 U.S.C. § 1666h current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s1666h data/legal/raw/us/code/title-15/usc15.xml b3dd6966fa4a23da58b2e6ecf991f69173247b6bfd19fb23ea8b333e873ea325 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 8830a45820d20699105a3ce7569d8fc768b47f9d59c5d668683f3dec889455a3 2026-07-04 official
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15 U.S.C. § 1666h - Offset of cardholders indebtedness by issuer of credit card with funds deposited with issuer by cardholder; remedies of creditors under State law not affected

Text

(a) Offset against consumers funds A card issuer may not take any action to offset a cardholders indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless—

(1) such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholders deposit account, and

(2) such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.

In the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause (1) shall not be required until the date (after such effective date) when such account is renewed, but in no case later than one year after such effective date. Such written authorization shall be deemed to exist if the card issuer has previously notified the cardholder that the use of his credit card account will subject any funds which the card issuer holds in deposit accounts of such cardholder to offset against any amounts due and payable on his credit card account which have not been paid in accordance with the terms of the agreement between the card issuer and the cardholder.

(b) Attachments and levies This section does not alter or affect the right under State law of a card issuer to attach or otherwise levy upon funds of a cardholder held on deposit with the card issuer if that remedy is constitutionally available to creditors generally.

(Pub. L. 90321, title I, § 169, as added Pub. L. 93495, title III, § 306, Oct. 28, 1974, 88 Stat. 1515.)

Notes

Editorial Notes

References in TextFor effective date of this section, referred to in subsec. (a), see Effective Date note set out under section 1666 of this title.