You win this argument. Show "the opposition" comment 11(b)(1)-7:
7. Effect of late notice. An institution is not required to comply with the requirements of this section for any notice of error from the consumer that is received by the institution later than 60 days from the date on which the periodic statement first reflecting the error is sent. Where the consumer's assertion of error involves an unauthorized EFT, however, the institution must comply with § 1005.6 before it may impose any liability on the consumer.
To comply with 1005.6, you have to determine whether a transaction in question is authorized or unauthorized. You can't do that without completing an investigation. You don't have to adhere to any of the section 1005.11 requirements, but you still have to apply 1005.6.
This is one of the least understood aspects of Regulation E.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8