Thread Options
#2217276 - 07/09/19 07:50 PM Reg E Preauthorized Transfer Written Authorization
corporate audit Offline
Junior Member
Joined: May 2008
Posts: 31
The Official Interpretation for Reg. E Section 1005.10(b) written authorization for preauthorized transfers from consumer’s account states the following:
Requirements of an authorization. An authorization is valid if it is readily identifiable as such and the terms of the preauthorized transfer are clear and readily understandable.

For web and mobile enrollments in recurring transfers would a “click to pay” or “slide to pay” button meet the requirement without any disclosure of “ By paying I acknowledge or By clicking submit to pay I authorize……”? Would this meet the above criteria for an authorization that is “readily identifiable” ?
.

Return to Top
Deposits and Payments
#2217365 - 07/10/19 06:20 PM Re: Reg E Preauthorized Transfer Written Authorization corporate audit
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 78,631
Galveston, TX
I would say it is, but I would be more concerned with this:

5. Similarly authenticated. The similarly authenticated standard permits signed, written authorizations to be provided electronically. The writing and signature requirements of this section are satisfied by complying with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., which defines electronic records and electronic signatures. Examples of electronic signatures include, but are not limited to, digital signatures and security codes. A security code need not originate with the account-holding institution. The authorization process should evidence the consumer's identity and assent to the authorization. The person that obtains the authorization must provide a copy of the terms of the authorization to the consumer either electronically or in paper form. Only the consumer may authorize the transfer and not, for example, a third-party merchant on behalf of the consumer.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2217770 - 07/16/19 07:46 PM Re: Reg E Preauthorized Transfer Written Authorization corporate audit
corporate audit Offline
Junior Member
Joined: May 2008
Posts: 31
Do customer authorizations for preauthorized transfers need to be retained to be compliant with the requirement under Regulation E? By readying 1005.10 it appears that they do, however in the official interpretation of 1005.13 it reads " A financial institution need not retain records that it has given disclosures and documentation to each consumer; it need only retain evidence demonstrating that its procedures reasonably ensure the consumers' receipt of required disclosures and documentation".

Thanks in advance!

Return to Top

Moderator:  John Burnett