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#827597 - 10/02/07 08:28 PM Regulation E: Reversal of credit after final
Betsy Offline
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Betsy
Joined: Aug 2001
Posts: 105
Minnesota
Can the bank reverse a credit to a consumer when information services that indicate that the claim should not have been paid. Two examples: 1) ATM settlement provider closes the dispute and the bank in turn sends the consumer the final credit notification letter. Several weeks later the ATM settlement provider sends information to the bank indicating that the claim was denied.

2) The Bank completes their investigation and provides the consumer with the final credit notification letter with in the required timeframes and then several weeks later information services indicating that the merchant provided credit for the resolved dispute.

What are the bank's rights under Reg E in these situations. Can the bank reverse a credit after notifying the consumer of the closing of the investigation and that the credit is final?

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#828584 - 10/04/07 02:33 AM Re: Regulation E: Reversal of credit after final Betsy
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
In scenario #1, you're stuck. You made the credit final. And that's the end of it.

In scenario #2, I come to the same conclusion, BUT I subscribe to the belief that you can recapture the credit that the merchant provided directly to the consumer on a double credit (unjust enrichment) basis.
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#828823 - 10/04/07 03:27 PM Re: Regulation E: Reversal of credit after final John Burnett
Betsy Offline
100 Club
Betsy
Joined: Aug 2001
Posts: 105
Minnesota
Thank you we have been going back and forth on this here. Is there some regulatory support (i.e. commentary) that supports your assertion?

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