Does a cash ATM deposit fall under Reg E?
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?
We have a customer that wants to opt out of email/mail and telephone contact with us. In fact we have no telephone number on file to contact him. He doesn't want emails or letters. My question is, are we required to comply with requests for opt out to include postal items and email?
I have questions pertaining to Reg E, specifically Card Disputes.
1) Can the Bank require that a customer sign a dispute affidavit after they have called to notify the bank of fraudulent activity? If so, how many days do they have to sign it? Can we wait for the signature before starting our investigation?
2) Can the Bank request the customer to resolve the disputed item with the merchant prior to the Bank taking over the investigation?
There has been quite a bit of debit card fraud occurring at the bank with various customers. Should this require a SAR filing regardless of the dollar amount?
We want to promote debit card usage and management wants to have a monthly drawing for a $25 gift card. I think that this is not permitted since it would not allow non-customers to enter and bank customers with debit cards are the only ones who can win - am I correct?
We have seen other banks do this in our area, so management thinks it is just fine.
We received notice from our core processor that we will be charged for a debit card transaction that is not our customer, the card is not on us and the merchant is not a customer. We are disputing this with our core processor but they say we will be charged for the transaction. Why can this transaction not be returned when it wasn't on us? I have no idea how it reached our core processor and was processed for our bank.
We have a church account that has multiple debit card users. Do all of these cardholders need to be signers on the account?
The conventional wisdom is to send annual Reg E error notices to CDs with interest transfers. However, I note that the definition of account in Reg E would seem to preclude CDs:
(1) “Account” means a demand deposit (checking), savings, or other consumer asset account (other than an occasional or incidental credit balance in a credit plan) held directly or indirectly by a financial institution and established primarily for personal, family, or household purposes.
1. Consumer asset account. The term “consumer asset account” includes:
i. Club accounts, such as vacation clubs. In many cases, however, these accounts are exempt from the regulation under § 1005.3(c)(5) because all electronic transfers to or from the account have been preauthorized by the consumer and involve another account of the consumer at the same institution.
ii. A retail repurchase agreement (repo), which is a loan made to a financial institution by a consumer that is collateralized by government or government-insured securities.
2. Examples of accounts not covered by Regulation E (12 CFR part 1005)
i. Profit-sharing and pension accounts established under a trust agreement, which are exempt under § 1005.2(b)(2).
ii. Escrow accounts, such as those established to ensure payment of items such as real estate taxes, insurance premiums, or completion of repairs or improvements.
iii. Accounts for accumulating funds to purchase U.S. savings bonds.
Additionally, most CD interest transfers are by check, and Reg E would also seem to exclude a check from an EFT:
(c) Exclusions from coverage. The term “electronic fund transfer” does not include:
(1) Checks. Any transfer of funds originated by check, draft, or similar paper instrument; or any payment made by check, draft, or similar paper instrument at an electronic terminal.
So the question is - do we have to send Reg E annual error notices to CDs, and if so, why?
I am reviewing a debit card dispute and it is one that we denied because after investigating, we found out the customer had signed up for this
service, but I am still a little concerned with the way the provisional credit was handled. The bank received the dispute (in writing) on 11/9/18.
The final letter was mailed on 11/21/18; however, no provisional credit was ever given. I was under the impression that if we received the dispute in
writing, we need to give provisional credit within 10 days. Are we in compliance?