If a customer sends a secure message through the bank's online banking platform regarding an EFT error on his/her account, does this constitute written confirmation of the error? Our disclosure states the customer must notify us of errors regarding EFT by phone or through the mail.

Thanks in advance!

Not in person?? How do they give you written confirmation over the phone?

We received a message through online banking, from the customer to the bank. It was not over the phone.

If you are going to allow on-line messaging through your on-line banking system and someone uses that to report a EFT error - how do you plan to say you where never notified? If you don't want to treat it as written notification of an EFT error, then you better have some sort of disclaimer built into your messaging system.

Appreciate the feedback, thank you!

Considering that VISA/Mastercard Operating Rules both consider an email to be acceptable written notification for submitting a chargeback, I think you'd have a hard time convincing auditors and examiners that this isn't written notification.

That being said, the commentary to Reg E 1005.11 gives you an out, but that out must be in your disclosures to apply. This also means that whomever reads these emails must be trained to provide an appropriate response to the customer.

Notice at particular phone number or address. A financial institution may require the consumer to give notice only at the telephone number or address disclosed by the institution, provided the institution maintains reasonable procedures to refer the consumer to the specified telephone number or address if the consumer attempts to give notice to the institution in a different manner.