Section 514. Defenses  


Latest version.
  • 1. In any action for a cash advance or loan or for
      the purchase or lease of property or  services  through  the  use  of  a
      credit card or a debit card, it shall be a defense that such obligation
        (a) arose out of the unauthorized use of a credit card or a debit card
      which was not delivered to the holder; or
        (b)  arose  subsequent  to  the  giving of notice by the holder to the
      issuer of the unauthorized use, loss or theft, of such  credit  card  or
      debit card; or
        (c)  is  in excess of the limitation of liability for the unauthorized
      use of a credit card provided in the act of congress entitled "Truth  in
      Lending Act" and the regulations thereunder, as such act and regulations
      may from time to time be amended.
        2. If any of the defenses set forth in subdivision one of this section
      be  established,  the court shall order the issuer to pay the reasonable
      attorney's fees incurred in the defense of the action if the court finds
        (a) that the holder has cooperated with the issuer in determining  the
      facts  and  circumstances  relating  to  such  unauthorized use, loss or
      theft, of the credit card or debit card; and
        (b) that notwithstanding such cooperation with the issuer, the  issuer
      has brought the action without reasonable cause.