Not only is it likely duplicative, it may be a violation of the regulation. All the notice has to include in order to meet the requirements of the regulation is that it:
"(i) Is received by the institution no later than 60 days after the institution sends the periodic statement or provides the passbook documentation, required by § 1005.9, on which the alleged error is first reflected;
"(ii) Enables the institution to identify the consumer's name and account number; and
"(iii) Indicates why the consumer believes an error exists and includes to the extent possible the type, date, and amount of the error, except for requests described in paragraph (a)(1)(vii) of this section [a request for documentation or clarification of the transaction)."
Requiring an affidavit is, in my opinion, overreaching by the bank.
Edited by John Burnett (03/12/12 04:42 PM)
John S Burnett