,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bbjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #b1     
#bjad ,mr4 ,warner 7for himself and ,mr4
 ,kirk7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,banking1 ,housing1 and  
,urban ,affairs  ,a ,,bill  ,to provide 
debit card holders with consumer        
protections equivalent to those         
available to credit card holders1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,consumer
 ,debit ,card ,protection ,act of #bjad4
  #b4 ,amendments to ,electronic ,fund  
,transfer ,act ,the ,electronic ,fund   
,transfer ,act 7#ae ,u4,s4,c4 #afic et  
seq47 is amended-- 7#a7 in section      
#ijh7;c71 by inserting 1 or in the case 
of an electronic debit transaction1 as  
defined in section #ibj7;c77#e71 seven  
business days except as otherwise       
allowed by the ,bureau to protect       
against fraud12 and  7#b7 in section    
#iji-- 7,a7 in subsection 7a71 in the   

first sentence1 by striking ,a consumer 
shall and inserting ,except as provided 
in subsection 7b71 a consumer shall2    
7,b7 by redesignating subsections 7b7   
through 7e7 as subsections 7c7 through  
7f71 respectively2 and  7,c7 by         
inserting the following after subsection
 7a73  7b7 ,unauthorized debit card     
transactions  7#a7 ,liability of        
consumer ,a consumer shall be liable for
 the unauthorized use of a debit card1  
only if-- 7,a7 the debit card is an     
accepted debit card2  7,b7 the liability
 is not in excess of #ej2  7,c7 the     
issuer has provided the consumer with a 
description of a means by which the     
issuer may be notified of loss or theft 
of the card2  7,d7 the unauthorized use 
occurs before the issuer has been       
notified that an unauthorized use of the
 debit card has occurred or may occur as
 the result of loss1 theft1 or          
otherwise2 and  7,e7 the issuer has     
provided a method whereby the user of   
such card can be identified as the      

person authorized to use it4  7#b7      
,notification ,for purposes of this     
subsection1 an issuer has been notified 
when such steps as may be reasonably    
required in the ordinary course of      
business to provide the issuer with the 
pertinent information have been taken1  
whether or not any particular officer1  
employee1 or agent of the issuer does in
 fact receive such information4  7#c7   
,burden of proof ,in any action by an   
issuer to enforce liability for the use 
of a debit card1 the burden of proof is 
upon the issuer to show that the use was
 authorized or1 if the use was          
unauthorized1 then the burden of proof  
is upon the issuer to show that the     
conditions of liability for the         
unauthorized use of a debit card1 as set
 forth in paragraph 7#a71 have been met4
  7#d7 ,rule of construction ,nothing in
 this subsection imposes liability upon 
a consumer for the unauthorized use of a
 debit card in excess of his liability  
for such use under other applicable law 

or under any agreement with the issuer4 
7#e7 ,definitions ,as used in this      
subsection1 the terms debit card and    
issuer have the same meaning as in      
section #ibj7;c74  4