I have read through the requirement in Reg E regarding the necessity to provide documentation that was relied on to make a decision in the dispute resolution process. I have two questions:

1. Can an institution require that the customer put this request in writing rather than allowing employees to take the request over the phone?

2. What documentation is required to be provided? For example, if a signed receipt was used to make the determination to deny can we simply provide this to the customer? Or, does the institution need to provide other documenation such as letters from customers to the institution, investigator notes, and other documenation that lead up to the decision to deny?

I can't speak for everyone, obviously, but we require the dispute to be done in writing.

It depends on the reason for dispute as far as the documentation that the customer needs to bring in (sales receipts, email correspondence in regard to the transaction in question, etc.)

The Reg backs it up by stating that we may request that you provide in writing your question or complaint within 10 business days.

As far as the denial, the Reg just states that we will provide a letter of explanation.
It also goes on to say that the customer may request documentation from the investigation.

I think Joe is asking if you can require that the request for documentation after a claim is denied be in writing. There is nothing in Reg E 1005.11(d)(1) that says this is a permissable practice, and considering a claim of error can be made orally, I don't see how you can require that a request for documentation be in writing. Adding extra hoops to the Reg E dispute process (like filing police reports) is asking for a UDAAP citation.

As for what you provide...was obtaining a sales receipt with your customer's signature what you used to base your claim? If so provide that. If you used previous statement showing the customer routinely makes purchases at the same location, then use that. If it is a picture of the customer making the withdrawal or purchase, use that...etc....

I guess I don't understand what's being asked here then. I know we get the documentation for a dispute prior to determining whether we are going to deny the request.
But I agree with you, if the customer wants proof show them what you used for the dispute investigation as to why you are denying the dispute. Provide them a reason why you are denying the dispute. We use a letter form to do this.

The reference to being able to request the claim be provided in writting is only in relation to the provisional credit requirement. You can not require it be put in writing before you will start your investigation nor can you deny the claim simply because they didn't put it in writting.

So then do you just take their verbal request and notate that for your file?

Check with Dep Ops, yep that's what you do.

Sorry, I am a Personal Banker and I am used to fielding these issues at a desk where I have the benefit of getting documentation and forms signed in front of me.

Yes we accept the notice orally and begin our investigation. We still request that they put their claim in writting within in 10 business days in order for us to give them provisional credit. If they don't follow through they they don't have to be given provisional credit, but we still have to complete our investiation with in the proper timeframes.

This from the official staff interpretations to Reg E:
2. Investigation pending receipt of information. While a financial institution may request a written, signed statement from the consumer relating to a notice of error, it may not delay initiating or completing an investigation pending receipt of the statement.

Thanks for the info, I learn new things everyday!

Thanks Brian. I was referring to the part of Reg E which addresses the consumer's right to request documentation that lead to a denial decision. Thank you for your help.

To add to this question...we include all documentation with the final letter stating there was not an error. We will send emails we receive from the merchant, copies of terms and conditions, and copies of receipts. Since we send the documentation with the letter do we need to state within the letter the accountholder's rights documentation?

No. But I do recommend that you insert in your letter something like "We have enclosed copies of the documents and other information on which we relied for our investigation." That will save you from a challenge from an auditor or examiner claiming you omitted one of the required elements of the notice.