article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepaid Card Consumer Protection Act of 2010''. SEC. 2. DEFINITIONS. (a) Definition of ``Account''.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended by striking paragraph (2) and inserting the following: ``(2) the term `account'-- ``(A) means-- ``(i) a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 103(i) of this Act), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, including a payroll card account, as defined by the Bureau by rule; and ``(ii) a spending card account, as defined in section 924(a); and ``(B) does not include an account held by a financial institution pursuant to a bona fide trust agreement;''. (b) Definition of ``Financial Institution''.--Section 903(9) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by striking ``holds an account'' and inserting ``provides or holds an account containing funds''. (c) Technical and Conforming Amendments.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), as paragraph (3); and (2) in paragraph (3), as so redesignated by paragraph (1) of this subsection, by striking ``term `Bureau' means the Bureau of Governors'' and inserting ``term `Board' means the Board of Governors''. SEC. 3. SPENDING CARD ACCOUNTS. (a) Spending Card Accounts.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 925; (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 923; and (3) by inserting after section 923, as redesignated by paragraph (2), the following: ``Sec. 924. Spending card accounts ``(a) Definition.--For purposes of this section, the term `spending card account'-- ``(1) means an asset account, other than as defined in subparagraph (A)(i) or (B) of section 903(2)-- ``(A) that is established by a consumer or on behalf of a consumer; ``(B) that contains the funds of a consumer; ``(C) to which payments are to be made by a consumer, or at the direction of a consumer; ``(D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or ``(E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; ``(2) includes an asset account described in paragraph (1)-- ``(A) that is operated or managed by a financial institution, or any other person; and ``(B) the funds of which are-- ``(i) pooled with the funds of a person other than the person who established the account; or ``(ii) held in a name other than that of the person who established the account; and ``(3) does not include-- ``(A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; ``(B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with-- ``(i) a health plan to which section 105 of the Internal Revenue Code of 1986 applies; ``(ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; ``(iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or ``(iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; ``(C) a gift certificate, as defined in section 915(a)(2)(B); ``(D) a store gift card, as defined in section 915(a)(2)(C); ``(E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); ``(F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; or ``(G) a nonreloadable loyalty, rebate or promotional card. ``(b) FDIC Insurance.-- ``(1) Insurance required.--A financial institution may only offer electronic fund transfer services in connection with a spending card account if the account is insured under, and complies with the requirements for pass-through deposit insurance under, section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821). ``(2) Transfer of funds.--Any person that accepts funds in connection with an electronic fund transfer to a spending card account shall promptly, and in no event later than 24 hours after the person accepts the funds-- ``(A) transfer such funds to an account at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); or ``(B) credit the spending card account an amount equal to the amount of such funds. ``(c) Alternative to Periodic Statement.-- ``(1) Periodic statement not required.--In the case of an electronic fund transfer from a spending card account, a financial institution shall not be subject to the requirement under section 906(c) to provide a periodic statement to a consumer, if-- ``(A) the financial institution provides to the consumer-- ``(i) access to the account balance of the consumer-- ``(I) through a readily available telephone line; ``(II) through the Internet; and ``(III) at an electronic terminal or other device that allows the consumer to make a balance inquiry, by providing balance information or, routinely or upon request, on a receipt provided at the electronic terminal at the time of an electronic fund transfer; ``(ii) notice of the means by which the consumer may access the account balance of the consumer, including any telephone number; ``(iii) in response to an oral or written request of the consumer, a written record of the account transactions of the consumer during the 2-year period ending on the date of the request that includes the information required to be provided to the consumer under section 906(c); ``(iv) an electronic record, such as a record available on the Internet, of the account transactions of the consumer during the 60-day period ending on the date on which the consumer accesses the electronic record that includes the information required to be provided to the consumer under section 906(c); ``(v) with at least the same frequency as a written periodic statement that would otherwise be required under section 906, notification by email of the availability of an electronic history or an electronic periodic statement, unless the consumer has declined to provide an email address; ``(vi) the option to receive a written periodic statement and notice of such option; ``(vii) annual notice of the error resolution procedure for the spending card account, as prescribed in regulations of the Bureau; and ``(viii) any other transaction information that the financial institution elects to make available and that the consumer elects to receive, such as messages or alerts concerning balance levels or account activity; or ``(B) the consumer does not provide a valid address to the card issuer. ``(2) Fees prohibited.-- ``(A) In general.--Except as provided in subparagraph (B), a financial institution may not charge a fee for any service provided under paragraph (1). ``(B) Fee for written periodic statement.--A financial institution may charge a fee of not more than $1 for each written periodic statement provided under paragraph (1)(A)(vi). ``(3) No election by consumer.--If a consumer does not provide an email address to a financial institution and does not elect to receive written periodic statements under paragraph (1)(A)(vi), the financial institution shall provide a written statement to the consumer at least once each year, at no cost to the consumer, that contains the date, source, and amount of each transaction made or fee charged, together with such additional information as the Bureau may require. ``(d) Limitations on Liability.--For purposes of section 909(a), reimbursement need not be made to a consumer for a loss relating to a spending card account that a financial institution establishes would not have occurred but for the failure of the consumer to report any unauthorized electronic fund transfer or account error-- ``(1) not later than 60 days after the earlier of-- ``(A) the receipt by the consumer of a written account record under subsection (c)(1) that includes the unauthorized electronic fund transfer or account error; or ``(B) the date on which account information that includes the unauthorized electronic fund transfer or account error is provided to or accessed by the consumer under subsection (c); or ``(2) in extenuating circumstances, such as extended travel or hospitalization, within a longer time that is reasonable under the circumstances. ``(e) Fees.-- ``(1) Fees prohibited.--Except as provided in paragraph (2), a financial institution may not charge in connection with a spending card account-- ``(A) an annual fee; ``(B) an overdraft fee, including a fee for shortage or nonsufficient funds, or any other fee for a transaction processed for amounts exceeding the account balance; ``(C) a usage fee for use at the point of sale; ``(D) a fee for a declined transaction; ``(E) a fee for the use of an electronic terminal that is in the network of the issuer; ``(F) an inactivity or dormancy fee; ``(G) a fee for a balance inquiry or access to transaction information; ``(H) a fee for an inquiry to customer service; ``(I) a finance charge or other fee imposed in connection with an extension of credit; ``(J) an account closing fee or a fee to obtain the remaining balance in the spending card account; or ``(K) a fee for any activity not described in paragraph (2). ``(2) Fees permitted.--A financial institution may charge in connection with a spending card account-- ``(A) a fee for a replacement card-- ``(i) of not more than $5 for the first replacement card requested by a consumer during any 12-month period; and ``(ii) that is in addition to the replacement card described in clause (i); ``(B) a fee for expedited delivery of a replacement card; ``(C) a periodic fee, not more frequently than monthly; ``(D) a reload fee, or any other fee for adding value to the spending card account, if the financial institution provides an alternate method for adding value to the spending card account without a fee; ``(E) a fee for a transfer from the spending card account to another account; ``(F) a fee for bill payment by check; ``(G) a fee for a withdrawal by the consumer from an electronic terminal that is-- ``(i) located outside the United States; ``(ii) not in the network of the financial institution, including a fee to cover the costs of any charge to the financial institution by the owner of the electronic terminal relating to the use of the electronic terminal by the consumer; ``(H) a fee for a purchase or a withdrawal in a foreign currency; and ``(I) an activation, initiation, or enrollment fee. ``(3) Disclosure of fee information.-- ``(A) Disclosure required.--Each financial institution that offers a spending card account shall provide to a consumer-- ``(i) together with any application, offer, or solicitation for a spending card account-- ``(I) a table of any fees that may be charged in connection with the spending card account that-- ``(aa) can be easily understood by the consumer; ``(bb) is conspicuously displayed to the consumer before purchase; and ``(cc) includes, at a minimum, the amount and a description of each fee that may be charged by the financial institution under paragraph (2); and ``(II) an estimate of the average total monthly cost to a typical consumer for using the spending card account; ``(ii) on the card or other means of access, a toll-free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending card account; and ``(iii) a wallet-sized summary of any fees that may be charged in connection with the spending card account and a toll-free telephone number for customer service relating to the spending card account. ``(B) Regulations.--Not later than 9 months after the date of enactment of the Prepaid Card Consumer Protection Act of 2010, the Bureau shall establish, by regulation-- ``(i) the headings, content, and format of the fee table, estimate, and wallet-sized fee summary required under subparagraph (A); and ``(ii) a profile of the typical consumer for purposes of subparagraph (A)(i)(II).''. (b) Technical and Conforming Amendments.-- (1) Written periodic statements.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended, in the first sentence of the matter preceding paragraph (1), by striking ``A financial'' and inserting ``Except as provided in section 923(c), a financial''. (2) Error resolution.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a)) is amended by striking ``or notification pursuant to section 906(b)'' and inserting ``, notification pursuant to section 906(b), or written or electronic documentation pursuant to section 923(c)''. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date that is 6 months after the date of enactment of this Act.
summary: Prepaid Card Consumer Protection Act of 2010 - Amends the Electronic Fund Transfer Act to extend its coverage to spending card accounts (prepaid cards) established by a consumer (or on a consumer's behalf): (1) to which recurring electronic fund transfers may be made, at the consumer's direction, and (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device. Treats as a spending card account any similar asset account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending card account: (1) any nonreloadable general-use prepaid card in an amount under $250; and (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other healthcare benefit account, a gift certificate, a store gift card, an electronic promise, plastic card, or payment code, or device, a nonreloadable card labeled as a gift card and marketed solely as such, or a nonreloadable loyalty, rebate, or promotional card. Requires a financial institution to offer electronic fund transfer services in connection with a spending card account only if the account is insured under the Federal Deposit Insurance Act and complies with its pass-through deposit insurance requirements. Requires any person that accepts funds in connection with an electronic fund transfer to a spending card account to: (1) transfer them, within 24 hours after accepting them, to an account at an insured depository institution; or (2) credit the spending card account an amount equal to the amount of such funds. Waives the requirement for providing a consumer with a periodic statement if a financial institution, among other things, provides the consumer with access to the account balance through a readily available telephone line and the Internet and at an electronic terminal or other device (ATM machine) that allows the consumer to make a balance inquiry. Prohibits the charging of fees for services required to meet these requirements, other than $1 for an optional periodic statement. Specifies other fees which may and may not be charged in connection with a spending account card.