We have a customer who has had unauthorized transactions on their account. We have completed the investigation and are preparing to reimburse.

The customer is not wanting the bank to take any loss because of the circumstances surrounding the unauthorized transactions.

Would the bank be in violation of Reg E if we allowed the customer to give us back the funds that we are reimbursing them for the unauthorized transactions?? If the reimbursement is allowed, should we get some sort of statement signed by the customer that they did this voluntarily??

Curious.

Do they know who did the transactions? Do you have any documentation to prove who actually did the transactions? In those cases we did an affidavit, had it notarized with the customer stating the name of the suspected person(s) and then filed a police report. In most of those cases we were paid restitution from the individual who did the transactions.

I would be a little leary to allow the customer to give the funds back. Why did they file a report to begin with?

We would do this when a consumer realized a relative or friend completed the transaction and they didn't want the bank taking actions against them. The customer would provide a written request for withdrawal of the claim. They acknowledged that doing this could prevent the claim from being reasserted.

We would close it out and send them a closing letter similar to a denied claim. That letter would recap the steps we took and the customers withdrawal. The claims investigators supervisors contact info was included so that if the customer was pressured into this action, they could call and say so.

These are the types of issues John and I will discuss in our 11-01-06 EFT webinar.

The consumer has the right to withdraw the claim for whatever (or no) reason. As Andy said - get it in writing from the consumer then send a follow-up letter acknowledging the withdrawal and rebill the account.