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December 3, 2014
Overdrafts: Latest Regulatory Feedback, Guidance & Best Practices Webinar
David Dickinson and Jerod Moyer

December 4, 2014
Freebies, Bonuses and Contests
John Burnett and Andy Zavoina

December 9, 2014
Bankruptcy: Creditor Do's and Don'ts
Sam Ott

December 10, 2014
Branch Audits: What Is Going On Out There?
Patricia Cashman

December 17, 2014
Integrated Disclosures - An Implementation Strategy
Mary Beth Guard and Jack Holzknecht

December 18, 2014
Loan Review Best Practices for a Community Bank
Bob Fritzlan

December 19, 2014
PREPAID PRODUCTS - Understanding the CFPB Proposal
John Burnett



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#1680327 - 03/21/12 12:07 PM Provisional Credit Reg E
LadyLady Offline
New Poster

Registered: 03/21/12
Posts: 5
If provisional credit is issued upon verbal notification and our institution requires written confirmation, can the credit be revoked if we do not receive the written confirmation by the 10th business day? This revocation would not be as a result of a final decision, but as a result of not receiving the written requirement.

Or, must provisional credit be maintained until the completion of the investigation, without regard to the written confirmation requirement?

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eBanking / Technology
#1680343 - 03/21/12 12:29 PM Re: Provisional Credit Reg E [Re: LadyLady]
BrianC Online
Power Poster

Registered: 11/26/04
Posts: 2916
Loc: Illinois
If you require written notification as a condition of providing provisional credit, do not provide provisional credit until you receive it. Once provisional credit is provided, the only allowable reason the regulation has for revoking it is when/if you determine that no error occurred as stated in 1005.11(d)(2)
_________________________
I can do all things through Him who gives me strength. (Phillipians 4:13)

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#1680429 - 03/21/12 01:34 PM Re: Provisional Credit Reg E [Re: LadyLady]
John Burnett Offline
10K Club

Registered: 10/27/00
Posts: 30859
Loc: Cape Cod
If you require written confirmation as a condition of providing provisional credit, I agree you shouldn't provisionally credit the account until you receive the confirmation (and you don't ever have to provide it if the confirmation doesn't reach you until after the 10th business day following the oral claim).

One caveat, though -- if the claim involves both Regulation E and a debit card transaction subject to Visa's zero liability requirements, you have to provide provisional credit by the fifth business day, and I believe you can't condition it upon receipt of the written confirmation (Brian will confirm that or set me straight, I am sure).
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John S Burnett
BankersOnline.com

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#1680518 - 03/21/12 02:27 PM Re: Provisional Credit Reg E [Re: LadyLady]
BrianC Online
Power Poster

Registered: 11/26/04
Posts: 2916
Loc: Illinois
As much as I'd love to set John straight...I will confirm his statement. VISA only requires oral notification for your provisional credit obligations to kick in.

This change was effective October 15, 2011 when VISA no longer required a cardholder letter for an issuer to file a chargeback. (Note that some processors have not updated their dispute procedures to allow for this and may still require a customer letter to begin the chargeback process.)
_________________________
I can do all things through Him who gives me strength. (Phillipians 4:13)

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#1680700 - 03/21/12 05:14 PM Re: Provisional Credit Reg E [Re: LadyLady]
LadyLady Offline
New Poster

Registered: 03/21/12
Posts: 5
Great info guys. Thank you very much.

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