rlcarey - please clarify...
I thought requiring an affidavit for a Reg E error was not allowed (you could ask but you cannot deny based solely on their not filling it out). If they do not fill out the affidavit are you suggesting they deny the claim?
Or are you suggesting pay the claim and cancel the card and do not issue a new one?
If charges appear to match normal activity for the customer, couldn't that be used as a basis for denial? I am basing this on the following guidance at
http://www.occ.gov/static/news-issuances/memos-advisory-letters/2001/advisory-letter-2001-9.pdf, which states:
To assist national banks in complying with EFTA and Regulation E error resolution procedures, the OCC has compiled a list of actions banks may take to help determine whether a transaction was authorized. A reasonable investigation under Regulation E might include review of one or more of the following items:
-Documentation or written, signed statements provided by the customer.
-Historical information on the customer’s pattern of use (e.g., time, frequency, location, and
types and amounts of transactions).
-Location of the transaction in relation to the customer’s residence, place of business, or
normal shopping locations.
-Customer’s location at the time of the unauthorized transaction.
-Problems reported by other customers regarding the access device or ATM.
-Signature information on point of sale transactions.
-Police reports, if available.
-Film from security cameras, if available.