Hello,

We have an account that was opened in 2004 for a customer with intellectual disabilities. This customer now needs to sign and affidavit. My concern is the customer has no idea what they are signing. I also don't believe when the account was opened he understood what he was signing. So, I'm looking for guidance on where we go from here. Thanks for any help.

What sort of affidavit? My first stop would be legal counsel.

Thanks, the affidavit is for an unauthorized ATM transaction.

Welcome to the BOL threads

Regardless of what should have been done in 2004, you cannot deny a consumer their right to asset a Reg E claim. Also, while Reg E allows the institution to require written confirmation of an error as a condition of providing provisional credit, we must still investigate in response to an oral claim and we cannot require that the written confirmation be an affidavit.

It sounds like our customer made a claim that there is a withdrawal that he/she did not perform and we now have an obligation to investigate it and determine whether or not an error occurred.

Lastly, whether you choose to keep this person as a customer or give them another ATM/debit card is a business decision. The fact that a customer may have a disability does not mean that they have been declared incapable of managing their own affairs unless the court has formally appointed a guardian for them and I would not want to be in the business of making unlicensed diagnosis of our customers.

Work the Reg E claim as required by regulation, and as Randy said, check with legal counsel with respect to the liability risks we may have to keep/close the account.

Thank you. We will be having the customer sign the affidavit and refund the transaction amount. I appreciate the help.