Are mobile deposits considered an electronic fund transfer and should this be included in the mobile banking section of our Electronic Fund Transfer disclosure? I have seen disclosures from other banks and some include mobile deposit and others do not.

No. They are mobile remote deposit capture items. They are definitely NOT EFTs under Regulation E.

Thank you

Along the lines of whether or not they are EFTs.....since they are not EFTs....are there any regulations or laws regarding error resolution for these items?

And in general, what consumer protection regulations apply to mobile deposits?

I haven't done a complete search yet through the forums, so if this has been addressed somewhere I am still looking....

Assuming the proposed changes to Reg CC go through, mobile deposits will be subject to Reg CC. Also, Reg CC already governs if a mobile deposited item is later presented as a paper check based on 229.34(f) and whether or not the bank that accepted the mobile deposit required the special endorsement.

Disputes would be governed by your state's Uniform Commercial Code and your mobile deposit agreement.

Thanks so much, Brian!!

For all other purposes, they are treated as checks subject to the UCC.