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#2226618 - 12/03/19 05:45 PM Reg E. Withdrawn Claim - Then Reassert
mnbanker09 Offline
100 Club
Joined: Jan 2018
Posts: 122
Looking for assistance on a Reg E claim.

Customer notified bank in October about a number of unauthorized charges to a hotel using their debit card. After contacting the bank, we closed the card so no further charges could occur. Customer indicated a one-night stay was authorized, subsequent charges occurred, and customer knows the person staying at the hotel. (Customer made the reservation for a friend) Customer informed bank that they would work with their friend and the hotel on the charges, so no further action needed by the Bank, and the claim was withdrawn. We did not conduct any investigation on our own, as this occurred with a couple days of bank notification.

Almost 60 days later, the customer reasserts the claim that the charges were not authorized. Customer is within the 60 day window of the statement on which the first transaction appeared.

I believe we need to investigate this claim?

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#2226621 - 12/03/19 05:49 PM Re: Reg E. Withdrawn Claim - Then Reassert mnbanker09
BrianC Offline
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,428
Illinois
If we did not perform an investigation as a result of the claim withdrawal, then the interpretation to 1005.11(e) agrees with you that the claim must be investigated.

Official Interpretation
11(e) Reassertion of Error
1. Withdrawal of error; right to reassert. The financial institution has no further error resolution responsibilities if the consumer voluntarily withdraws the notice alleging an error. A consumer who has withdrawn an allegation of error has the right to reassert the allegation unless the financial institution had already complied with all of the error resolution requirements before the allegation was withdrawn. The consumer must do so, however, within the original 60-day period.
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#2226624 - 12/03/19 05:56 PM Re: Reg E. Withdrawn Claim - Then Reassert BrianC
mnbanker09 Offline
100 Club
Joined: Jan 2018
Posts: 122
Thanks Brian!

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