I'm am confused by 1005.11 (c) (3) ii (B). The reg states that the applicable time is 90 days in place of 45 for completing an investigation if a notice of error involves an electronic fund transfer that (B) Resulted from a point-of-sale debit card transaction. Does it only apply to card present transactions? Or does it also include CNP internet transactions? I have been using the 45-day rule but had a merchant response the other day outside the 45-day time period on an internet transaction that concluded customer involvement.

Since Reg E was written prior to internet commerce being a thing, the commentary is missing internet transactions, but based on CNP mail and phone being covered, it's not a small leap to include internet. Yes, all debit card purchases can be extended to 90 days.

11(c)(3) Extension of Time Periods
1. POS debit card transactions. The extended deadlines for investigating errors resulting from POS debit card transactions apply to all debit card transactions, including those for cash only, at merchants' POS terminals, and also including mail and telephone orders. The deadlines do not apply to transactions at an ATM, however, even though the ATM may be in a merchant location.

Thank you so much Brian! This makes my day - I had revoked the provisional credit and then was sure I was not thinking it through clearly.

The only issue we'd have is if you sent the customer a letter or provided oral notice at day 45 stating that the provisional credit was final and the investigation complete. Once that happens, we can't reopen the investigation to revoke provisional credit.

The POS extension is there because these investigations can take longer as it isn't often the business right down the road that needs to be contacted and getting information is both harder and takes more time. The e-commerce fits in with that nicely so I'm in agreement with Mr. Crow.

Just a follow up question, is there a difference between PIN and NON-PIN disputes related to the extension? I don't see any distinction made in the regs related to PIN and NON-PIN.

Thanks!

The phrase "all debit card transactions' in the commentary is inclusive of PIN and NON-PIN. Both authorization methods are debit card transactions.

Thanks for the confirmation!