Are we correct in that we have to give a new Reg. E disclosure when an existing customer gets a new "access device"? Does this include mobile banking? Is it required to be the same as an initial disclosure or is it just the error resolution portion?

It depends. Were all the mobile banking characteristics that are required to be disclosed contained in the initial Regulation E disclosure already provided to them? If so then you should go by this commentary in 1005.7(a) and determine how you define "close proximity":

"On the other hand, if an agreement for EFT services to be provided by an account- holding institution is directly between the consumer and the account-holding institution, disclosures must be given in close proximity to the event requiring disclosure, for example, when the consumer contracts for a new service. "

I am resurrecting this post, as I have an add on question that is similar to the OP. If we are reissuing a members debit card in place of a card near expiration, do we need to mail a Reg E Notice as well? What about lost or stolen cards, or damaged cards; do we need to provide the notice when we replace those also? The language speaks about providing the notice when there is a new SERVICE requested, but not about ACCESS DEVICES. For reference, the close proximity clause would not apply in these scenarios.

Not unless you were changing your terms:

Paragraph 5(a)(2)

1. One-for-one rule. In issuing a renewal or substitute access device, only one renewal or substitute device may replace a previously issued device. For example, only one new card and PIN may replace a card and PIN previously issued. A financial institution may provide additional devices at the time it issues the renewal or substitute access device, however, provided the institution complies with Sec. 1005.5(b). See comment 5(b)-5. If the replacement device or the additional device permits either fewer or additional types of electronic fund transfer services, a change-in-terms notice or new disclosures are required.

Thank you Randy, again