Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#1629736 - 11/17/11 05:29 PM Reg E - Requests for documentation
CARM9 Offline
100 Club
Joined: Feb 2011
Posts: 112
If a client requests copies of documentation the institution utilized in investigating a claim, does this include copies of photographs that we obtained from third parties that may not be the client? If we utilized phone calls, are we to transcribe those conversations? Neither the reg or commentary provides much guidance in this area.

Paragraph 11(d)(1)—Written Explanation

1. Request for documentation. When a consumer requests copies of documents, the financial institution must provide the copies in an understandable form. If an institution relied on magnetic tape it must convert the applicable data into readable form, for example, by printing it and explaining any codes.

Return to Top
Operations Compliance
#1630307 - 11/18/11 04:54 PM Re: Reg E - Requests for documentation CARM9
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
I think you have to look at the intent of the requirement. The consumer asks for information that you reviewed to come to your conclusion that doesn't agree with the consumer's claim. So if you have a photo of the consumer at the ATM, he's entitled to it. I can't see how photos of third parties will dispute the consumer's claim, so I don't think you'd be revealing them. Notes from a phone conversation that helped with the decision? Yes, I think you'd want to provide that information, too.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#1631253 - 11/22/11 02:43 PM Re: Reg E - Requests for documentation John Burnett
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,748
On the Net
Your investigator should have made general notes about calls they made, but not transcripts. Remember that your file depicts how thorough your investigation was. and 2 years from now, the palest of inks will be better that the best of memories.
_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

Return to Top
#1631611 - 11/22/11 08:39 PM Re: Reg E - Requests for documentation Andy_Z
CARM9 Offline
100 Club
Joined: Feb 2011
Posts: 112
John, we were concerned that if we deny a claim for unauthorized debit with PIN at an off premise ATM, we may retrieve the photograph from a third party's camera where the individual withdrew the money and it may be someone that the client knew. Providing the client with the suspects picture may cause our client to retaliate against the suspect if they did indeed know who was in the photograph. We have provided to law enforcement in past cases but not to the client.

Return to Top
#1631631 - 11/22/11 08:58 PM Re: Reg E - Requests for documentation CARM9
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
If you have a picture of someone who is not the card holder using the card, how could you deny the claim??
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1631697 - 11/22/11 09:55 PM Re: Reg E - Requests for documentation rlcarey
CARM9 Offline
100 Club
Joined: Feb 2011
Posts: 112
We have had a couple of cases that through our investigation even with a photograph have denied due to our findings of participation with the suspect. I guess i should have said if we receive requests for claims we pay and the client wants to be the detective.

Return to Top
#1631746 - 11/23/11 01:25 AM Re: Reg E - Requests for documentation CARM9
BrianC Online
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,694
Illinois
Reg E only requires that you provide documentation when requested in the event that you deny a claim.
_________________________
Sola Gratia, Sola Fides, Sola Scriptura, Solus Christus, Soli Deo Gloria!
www.tcaregs.com

Return to Top

Moderator:  Andy_Z, John Burnett