§ 537.3403 — Card issuer subject to claims and defenses

Iowa § 537.3403

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 537: CONSUMER CREDIT CODE

Text

1. This section neither limits the liability of nor imposes liability on a card issuer as a
manufacturer, supplier, seller, or lessor of property or services sold or leased pursuant to the
credit card. This section may subject a card issuer to claims and defenses of a cardholder
against a seller or lessor arising from sales or leases made pursuant to the credit card.
2. A card issuer is subject to claims and defenses of a cardholder against the seller or
lessor arising from the sale or lease of property or services by a seller or lessor licensed,
franchised,orpermittedbythecardissuerorapersonrelatedtothecardissuertodobusiness
under the trade name or designation of the card issuer or a person related to the card issuer,
to the extent of the original amount owing to the card issuer with respect to the sale or lease
of the property or services as to which the claim or defense arose.
3. Except as otherwise provided in subsection 2, a card issuer, including a lender credit
card issuer, is subject to all claims and defenses of a cardholder against the seller or lessor
arising from the sale or lease of property or services pursuant to the credit card only if all of
the following apply:
a. The original amount owing to the card issuer with respect to the sale or lease of the
property or services as to which the claim or defense arose exceeds fifty dollars.
b. The residence of the cardholder and the place where the sale or lease occurred are in
the same state or within one hundred miles of each other.
c. The cardholder has made a good faith attempt to obtain satisfaction from the seller or
lessor with respect to the claim or defense.
4. Except as otherwise provided in subsection 2, a card issuer, including a lender credit
card issuer, is subject to claims and defenses only to the extent of the amount owing to the
cardissuerwithrespecttothesaleorleaseofthepropertyorservicesastowhichtheclaimor
defensearoseatthetimethecardissuerhasnoticeoftheclaimordefense. Noticeoftheclaim
or defense may be given prior to the attempt to obtain satisfaction specified in subsection 3.
Written notice is effective when mailed or delivered.
5. For the purpose of determining the amount owing to the card issuer with respect to the
saleorleaseuponanopen-endcreditaccount, paymentsreceivedfortheaccountaredeemed
to have been first applied to the payment of finance charges in the order of their entry to the
account and then to the payment of debts in the order in which the entries of the debts are
made to the account.
6. Except as provided in section 537.1107, an agreement may not contain a provision
to limit or waive the claims or defenses of a cardholder under this section. A provision in
violation of this subsection is unenforceable.

Legislative History

[C75, 77, 79, 81, §537.3403]