U.S. Code > Title 12 Banks and Banking > CHAPTER 50—CHECK TRUNCATION (§§ 5001—5018) > § 5010. Statute of limitations and notice of claim

§ 5010. Statute of limitations and notice of claim

(a) Actions under this chapter
(1) In general
An action to enforce a claim under this chapter may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 1-year period beginning on the date the cause of action accrues.
(2) Accrual
A cause of action accrues as of the date the injured party first learns, or by which such person reasonably should have learned, of the facts and circumstances giving rise to the cause of action.
(b) Discharge of claims
Except as provided in subsection (c), unless a person gives notice of a claim to the indemnifying or warranting bank within 30 days after the person has reason to know of the claim and the identity of the indemnifying or warranting bank, the indemnifying or warranting bank is discharged from liability in an action to enforce a claim under this chapter to the extent of any loss caused by the delay in giving notice of the claim.
(c) Notice of claim by consumer
A timely claim by a consumer under section 5006 of this title for expedited recredit constitutes timely notice of a claim by the consumer for purposes of subsection (b).