05/09/2021
Recently my bank began to duplicate ATM withdrawals for some customers. For one customer alone it could amount to several thousand dollars. This went on for months before the customer and the bank discovered the problem.
At that time the customer sent an email to our helpline asking for assistance and claiming that she had not made the duplicate withdrawals herself. I’m inclined to let her go through the process of trying to prove that she did not make these withdrawals herself. She was in Mexico and I believe it will be very hard to get a Mexican bank to help her.
Unfortunately our customer assistance sent her a reply stating that the bank had a known issue creating duplicates for ATM withdrawals. Otherwise how can she prove it?
Are we in any danger if she does take legal action? Since she is in Mexico I had the customer service write her back and tell her she needs to go to her local bank and take care of it herself. That has been our standard reply since for similar claims. If she takes legal action what are the odds that we would lose and have to pay her back all that money? Can we simply delete the email we sent to her saying we had a known issue with duplicates on ATM withdrawals? Then she’d have no proof whatsoever. Please advise.
04/04/2021
Under Regulation E, if a customer orders merchandise, can the bank not allow the customer to file a Reg E dispute for merchandise not received until 30 days has lapsed from the expected delivery date of the merchandise?
01/24/2021
Regarding Reg E and tier three timely notification: if a cardholder submits a dispute stating fraud occurred 5/1/20, our institution would apply the tier three timely notification and deny items beyond that statement + 60 days. If that same cardholder comes back after this dispute processes, and claims additional fraud on the same card dating back to 1/1/20, are we allowed under Reg E to re-evaluate that tier three application? Additionally, if the cardholder makes separate claims on two different days (consecutive days for example) is it correct that we may treat that as a single claim?
11/01/2020
We have had several EFT claims recently that involve online debit card transaction to dating sites and adult sites. Both of which may have a trial membership period where the customer signs up for very little and then in 7 days or so gets hit with a heftier fee, and then many more. The customer claims they did not authorize the transactions. Our employee contacts these merchants; gets verification the customer signed up for the trial membership, the date they signed up, the name on the account, the email, and possibly the address associated with the account.
My concern with these types of sites is that there may not be a shipping address as they are online services, so we can't say there was a shipment to their physical address. If the customer is claiming they didn't sign up for the services, yet the merchant is providing us with all the other information that coincides with our customer's information, is that enough to still deny the claim or should it be paid based on the customer's statement?
10/25/2020
When a cardholder has a fraud alert on their card and they tell the fraud center that the transactions are NOT fraud, the fraud center reopens the card. Now the customer has roughly 10 or more charges from the same company that she just said were not fraud. Now she is claiming that they are all fraud. (including the original charges) What do we do?
06/07/2020
The opt-in requirements under 1005.17(b)(1) state that a bank "shall not assess a fee or charge on a consumer's account for paying an ATM or one-time card transaction."
Does the "one-time" term mean that we cannot charge a fee on the first transaction of two or more being paid and then we can charge a fee on the second when the consumer has not opted-in? For example, if a customer has not opted-in and an ATM causes an overdraft into the consumers account and then two EFTs are received and paid on the same day as the ATM for processing, can we charge or not an overdraft fee for any of the EFTs? On subsequent days, if the account is overdrawn by EFTs, can a fee for overdraft be charged?
06/30/2019
Is a checking account for an estate allowed to have an electronic draft debited from the account?
06/24/2018
Reg E question-My customer is disputing an EFT to an auto mechanic who damaged a part on his truck while performing another repair. Is this a valid reason to submit a dispute? Customer states the mechanic refused to repair the damaged part.
02/26/2017
Regulation E’s “Procedures for Resolving Errors,” along with that section’s Commentary, neither addresses nor prohibits banks from requiring helpful documentation such as police reports or signed and notarized affidavits. Are such actions are OK?
07/03/2016
One of our consumer customers overdrew her account and we returned the check unpaid. The payee converted it to a represented check (RCK) ACH entry that we paid. Our customer claims the ACH entry wasn’t authorized. Should we handle her claim as a Regulation E error claim?