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#2214447 - 05/28/19 07:15 PM Reg E dispute - customer not receiving statements
Obi Offline
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Joined: Oct 2004
Posts: 181
We had a customer dispute debit card charges on her account and find that she did not provide us with her new address so she has not been receiving her statements. When asked if she had looked at her statements, she said she has, but our returned mail department has not forwarded the statements to her. She is disputing many charges back to April, some of which she can't dispute (telephone transfers and ATM fees). Our Reg E department feels she is just lying and wants to deny her claim. They have investigated transactions that were done at our ATM's and she is the one on camera making the withdrawal. Can they deny the entire claim based on this or do they need to investigate each charge individually? She doesn't remember many of the transactions. Thanks for your input.

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#2214490 - 05/29/19 01:33 PM Re: Reg E dispute - customer not receiving statements Obi
Obi Offline
100 Club
Joined: Oct 2004
Posts: 181
They also want to have the customer complete a police report before they investigate and do not want to give provisional credit ($1600+). I have told them they cannot delay investigation waiting on a police report. Do we have to give provisional credit for the entire amount?

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#2214491 - 05/29/19 01:42 PM Re: Reg E dispute - customer not receiving statements Obi
dutchbltz Offline
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Joined: Oct 2015
Posts: 207
For the ATM transactions, it sounds like you've already completed your investigation and determined that her claim is not valid, so if the investigation was done within the initial 10 days, no, you don't have to give credit for those particular claims.

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#2214505 - 05/29/19 03:12 PM Re: Reg E dispute - customer not receiving statements Obi
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
You can always break an investigation of multiple transactions down into manageable pieces and resolve them in stages. I agree with dutchbltz on denying those ATM transactions that show your customer completing the transactions.

Also agree with your telling your people they can't require a police report as a condition of completing the investigation or providing provisional and/or final credit. Too many banks have been penalized for requiring steps that the regulation doesn't require for the filing of claims under 1005.11. Your EFT Department people should know that.
Last edited by John Burnett; 05/29/19 03:14 PM.
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