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#1899343 - 02/24/14 05:11 PM Reg E - Written Dispute requirement
notuntermywatch Offline
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Joined: Jun 2006
Posts: 392
MN
I know this has been discussed here before but cannot find it now.

Bank requires customer to put oral dispute in writing. Okay to do this and if they don't, then the bank does not have to provide the provisional credit.

My question is, does the bank then have to resolve within the first 10 business days, or can they still go out to the 45 or 90 days to research - just not giving the provisional credit?

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#1899454 - 02/24/14 08:30 PM Re: Reg E - Written Dispute requirement notuntermywatch
rlcarey Online
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rlcarey
Joined: Jul 2001
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Galveston, TX
The 45 and 90 day requirements to wrap up your investigation still apply.
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#1899693 - 02/25/14 04:36 PM Re: Reg E - Written Dispute requirement notuntermywatch
John Burnett Offline
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John Burnett
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Cape Cod
Just to expand upon Randy's response a bit -- you cannot delay your investigation waiting for that written dispute, either. The ONLY think affected by the customer's failure to provide it timely is the requirement for provisional credit. Your investigation and resolution of the claim must still be expeditious, with the deadlines for completion as outlined by Randy.
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#1921564 - 05/08/14 09:17 PM Re: Reg E - Written Dispute requirement notuntermywatch
happyauditor Offline
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happyauditor
Joined: Nov 2004
Posts: 809
NY
Can you deny a Reg E claim based on the fact that you require written confirmation and it has not yet been provided? I am aware of how the written confirmation plays into whether or not you have to provide provisional credit. My question is, can you deny a claim (after the appropriate time frame) for the sole reason because you require written confirmation and the customer does not provide it.

Thanks.
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#1921572 - 05/08/14 09:35 PM Re: Reg E - Written Dispute requirement notuntermywatch
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,325
Illinois
Short answer: No.

Long answer: The investigation requirements of 1005.11 don't go away because you did not receive written confirmation. This is spelled out in the Staff Interpretations:

Paragraph 11(c)(2)(i)

1. Compliance with all requirements. Financial institutions exempted from provisionally crediting a consumer's account under 1005.11(c)(2)(i)(A) and (B) must still comply with all other requirements of 1005.11.
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#1921621 - 05/09/14 12:41 PM Re: Reg E - Written Dispute requirement notuntermywatch
happyauditor Offline
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happyauditor
Joined: Nov 2004
Posts: 809
NY
If it is a Visa claim which requires a signed confirmation from the cardholder to proceed with the investigation...then what? Bank cannot perform a thorough investigation. Can the claim be denied if we cannot determine if charges were unauthorized?
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#1921732 - 05/09/14 02:50 PM Re: Reg E - Written Dispute requirement notuntermywatch
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,325
Illinois
The bank's ability to comply with VISA requirements has no bearing on its obligation to investigate a claim under Reg E. If you do not have chargeback rights because you do not have a signed cardholder letter, you have 3 options:

1. Pay the claim
2. Attempt to contact the merchant directly.
3. File a retrieval request through VISA (no signed confirmation required) to compel the merchant to produce a copy of the authorization information, sales receipt, etc.
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#1921849 - 05/09/14 05:23 PM Re: Reg E - Written Dispute requirement notuntermywatch
happyauditor Offline
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happyauditor
Joined: Nov 2004
Posts: 809
NY
Thanks Brian. Exactly what I thought.
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