After reading Section 1005.8 of Regulation E, it appears that if we were simply reprinting a statement for a customer, that we would not need to include the Error Resolution Notice if we send out the Notice annually or have it placed on monthly periodic statements.

Am I understanding this correctly?

That would be correct.

I am confused. When you ask, "we would not need to include the Error Resolution Notice if we send out the Notice annually or have it placed on monthly periodic statements." are you sending the short notice with each periodic statement or the longer annual notice?

If the consumer wants a new copy of the statement, did they receive the original or not? Typically the short notice is preprinted on the statement form. If your consumer did not get that for whatever reason, I would include it. If the bank is reprinting the statement on regular paper (i.e. no preprinted error notice) but typically discloses the short notice, I'd add a copy of a short notice. If the consumer received the statement but now wants the copy of the transactions for their records, the short notice wouldn't necessarily be required as it was already received but lost. It could be included as a precaution without risk to the bank.

If the bank sends an annual notice, unless the statement they are missing included that annual mailer, it would not be necessary.

The top portion of the notice does have the 3 items needed for the error, 1. Name and account #, 2. Description of the error and, 3. Dollar amount of the error.

I feel though that it is the long form only because it's quite lengthy and then goes into incorporating the Reg E timelines for investigation, provisional credit, timeframe for new accounts, etc...

So, if it is the long form and the customer already received their statement, I don't believe we would have to add the Notice again, with a reprint of their statement, as they have already recevied it.

Although, I would feel more comfortable just incorporating it across the board so that I know it's not going to cause problems.