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#1082029 - 11/14/08 04:34 PM Another Reg. E Question
VWgirl21 Offline
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Joined: Jan 2008
Posts: 199
The Bluegrass
Can a bank make a customer liable for the first $50 across the board in order to recover their costs of "charge backs"? Which essentialy leads them to refuse to investigate errors that are less than $50?
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#1082440 - 11/14/08 10:01 PM Re: Another Reg. E Question VWgirl21
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
No. You can only impose liability for unauthorized EFTs in accordance with Section 205.6. To impose liability you have to make a reasonable determination that the transactions in question are, in fact, unauthorized. And if dealing with certain signature-authorized debit card purchase transactions, you won't be able to impose liability under the MasterCard or Visa zero liability protection rules.

You may decide that any claim of $XX or less will automatically be paid, without investigation (make sure you have controls in place to prevent repeat claims and obvious scams, or you'll get eaten alive!), but you cannot take away protections found in the regulation.
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#1082517 - 11/15/08 12:08 AM Re: Another Reg. E Question John Burnett
Andy_Z Offline
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On the Net
If you disclosed a fee for claims under Reg E, you can do that. But the fee you charge can't have a "chilling" effect on the customer and you can't charge it on valid claims.
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#1082947 - 11/17/08 07:13 PM Re: Another Reg. E Question Andy_Z
VWgirl21 Offline
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Joined: Jan 2008
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The Bluegrass
Is it permissible for a bank put the responsibility on the customer to go to the vendor and try to resolve the dispute themselves or since the customer came to the bank, is it the banks responsibility?
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#1082990 - 11/17/08 08:12 PM Re: Another Reg. E Question VWgirl21
David Dickinson Offline
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David Dickinson
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Central City, NE
It's the bank's responsibility to resolve with the vendor. All the customer has to do is report it to you. You're the card issuer therefore, it's your problem.
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#1083041 - 11/17/08 08:55 PM Re: Another Reg. E Question David Dickinson
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TN
If it's a Reg E dispute the customer is not requried to go to the vendor.
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