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#1750415 - 10/18/12 06:24 PM RDFI Notice Requirement
Tesla Offline
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Joined: Nov 2003
Posts: 3,726
This is no longer my area and I no longer have access to the NACHA Guidelines, but I have received a question and need help answering it.

If a loan customer has an account at another bank and arranges to have an electronic transfer from his bank pay a loan at our bank, are we required to send a notice saying we received your request and the account will be credited or is the payment showing on the periodic statement sufficient? I thought there was a NACHA rule requiring we send the notice, but I can't remember.

Thanks for any help you can provide.
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#1750548 - 10/18/12 09:26 PM Re: RDFI Notice Requirement Tesla
tdogz Offline
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tdogz
Joined: May 2012
Posts: 229
Reg E notice requirements only apply to consumer asset accounts, not loans.

Is your institution originating these loan payments? NACHA rules require the originator to send written notice at least 10 days prior to changing the amount or the agreed upon amount range of the debit. Written notice must be made at least 7 days prior to changing the date of the debit. See section 2.3.2.6 of the 2012 rules.
If you are the RDFI,then you want to refer to the 2012 NACHA Rules sections 3.1.6(e) and 3.1.7, which say that the RDFI has no responsibility to notify the receiver of an entry unless you have entered into an agreement with them saying you would, or if there is an applicable law that requires notification.

I rarely deal with loans though, so hopefully someone else will jump in if I missed something.

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