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#1736443 - 08/29/12 08:57 PM Typo error on Deposit Account Agreement Disclosure
Wishful Thinker Offline
Member
Joined: Dec 2008
Posts: 77
Reviewing our deposit account agreement disclosure and found a typo error. When disclosing notification requirements concerning altered checks, forgeries, etc.. the agreement states we would not be liable for such items unless notified "60" days after the statement and the altered or forged items are made available. It is supposed to state "30" days. It was corrected to state "30" days. Should a notice of change been sent out to customer's 30 days before it was corrected? If so, should we send out the notice now? I really don't know what to do next on this. Any help would be appreciated.

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#1736562 - 08/30/12 01:03 PM Re: Typo error on Deposit Account Agreement Disclosure Wishful Thinker
NotDoneYet Offline
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NotDoneYet
Joined: Jul 2010
Posts: 482
PA
Since the "change" is to their benefit, I don't think the notice 30 days before applies.

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#1736581 - 08/30/12 01:30 PM Re: Typo error on Deposit Account Agreement Disclosure Wishful Thinker
Bob The Banker Offline
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Bob The Banker
Joined: May 2010
Posts: 958
The customer now has 30 days to inform of forgery rather than 60 days... how does that benefit them?

Not sure if this term would be covered by Reg DD or contract law... I would think an advance notice would need to be required, but would have to look into it.

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#1736666 - 08/30/12 03:14 PM Re: Typo error on Deposit Account Agreement Disclosure Wishful Thinker
NotDoneYet Offline
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NotDoneYet
Joined: Jul 2010
Posts: 482
PA
Oops, I read that backwards. Forget what I said.

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#1736779 - 08/30/12 05:28 PM Re: Typo error on Deposit Account Agreement Disclosure Wishful Thinker
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
It's a contract issue, and it's important you get the information to your customers if you want them to be bound by it. But it's not a TISA disclosure item, so you have no regulatory timing problem. Follow whatever your contract says about notifications of changed contract terms.
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#1737285 - 08/31/12 05:35 PM Re: Typo error on Deposit Account Agreement Disclosure Wishful Thinker
Wishful Thinker Offline
Member
Joined: Dec 2008
Posts: 77
Thanks everyone for the input. It helped alot I appreciate it.

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