06/25/2023
We currently have an individual stating that a forgery has been committed on a DBA account that was owned by his mother. The account had an authorized signer, who was added by the account owner. The account owner passed away in November 2022 and it is the Personal Representative stating that forgeries were completed by the authorized signer's wife.
I have been investigating the statements and now the Personal Representative has filed a complaint with our regulator saying we are not responding to his claim. That is incorrect. We have reached out to the bank's legal counsel on the claim, but I'm looking for advice on handling the complaint with the regulator? The forgery claim investigation is ongoing.
05/21/2023
What is the difference between unauthorized vs fraud? To clarify I do not mean fraud but other consumer complaints. - Thanks!
04/02/2023
When a fraudulent check is presented for payment after the account is closed, is it returned as 'fraud'?
03/26/2023
We are a bank located in NY. We would like to know if it is required under state (if you know) or federal laws to have a customer sigh a claim form for an unauthorized/forged/altered check? If so, is it required to be notarized?
We are aware that NACHA made provisions during the pandemic to allow WSUDs to be taken verbally, however we would like to know if it's necessary for checks and specifically if a Notary is needed as one might not be available in the branch on the day the claim is made.
03/26/2023
I would appreciate direction on where to find in the regulation(s) the requirement for counterfeit checks to be returned within a 24 hour period of payment. We have a client that has had a counterfeit check clear their account and needs proof that it must be returned the next day or it is considered a late return.
03/19/2023
I have a Reg E Section 1005.14(a) question. If a consumer is disputing a charge that originated as an ACH from a P2P or other fintech and we do not have an agreement with the P2P or other fintech, can we as a financial institution direct the consumer to file their dispute with the P2P? Aren't they subject to Reg E Section 1005.14(a)?
02/12/2023
If a fraudulent check is discovered months after clearing the paying bank, can it be returned through the Federal Reserve?
11/06/2022
When customers' deposit stolen checks and send money from the account to themselves or other people through Cash App, Venmo rtc., can we file the Reg E dispute on behalf of the bank to pull those funds back since the member is attempting to use a stolen item to steal money from another person and launder it through us? Basically we would pull all laundered funds back from the stolen item or items.
10/02/2022
If we cashed a third party check for the customer who has a Rep Payee account and the check comes back as fraud, are we able to charge that check back to our customer's account since it is a Rep Payee account?
09/25/2022
Is it a requirement to send a notice to a mobile remote deposit capture (mRDC) customer who apprars to be abusing the program? We suspect a customer of "kiting" between financial institutions. Were we to shut off access to mRDC, do we need to notify them in writing, or with any specific content in the notice?