I need guidance…
As stated below from §205.10(c)(2), written confirmation may be imposed when an error dispute is being reported. However, it does not appear to be defined in Reg. E.
Could a bank define written confirmation as a “police report, affidavit, or some other written report without imposing undue burden or “greater liability” (§205.6(b)(3)) on the consumer?
(2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.
Staff Interpretations §205.6(b)(3)
3. Limits on liability. The extent of the consumer's liability is determined solely by the consumer's promptness in reporting the loss or theft of an access device. Similarly, no agreement between the consumer and an institution may impose greater liability on the consumer for an unauthorized transfer than the limits provided in Regulation E.