Online Banking Disclosures/Terms & Conditions

Posted By: Jenny Roberts

Online Banking Disclosures/Terms & Conditions - 03/17/20 09:53 PM

Due to the most recent issues with the potential of banks possibly closing or limiting business hours, it has been asked if our bank can automatically enroll our customers in online banking and/ or mobile banking if they do not already have it. They have asked if we can deviate from customers consenting to disclosures/terms & conditions temporarily so that we can make it easier for our customers to be able to do their banking.

Have you heard anything on this or anyone doing this???
Posted By: BrianC

Re: Online Banking Disclosures/Terms & Conditions - 03/17/20 10:46 PM

I would equate auto enrollment in either of these services (which would result in the creation of a temporary ID and password) as issuing your customer an "unsolicited access" device under Reg E 1005.5(b).

In order to comply with the requirements, you would have to comply with all the disclosure and activation requirements of that section of the regulation. There has not been any guidance issued that would circumvent Reg E requirements for providing disclosures in writing.
Posted By: Richard Insley

Re: Online Banking Disclosures/Terms & Conditions - 03/17/20 11:32 PM

Originally Posted by Jenny Roberts
deviate from customers consenting to disclosures/terms & conditions temporarily
If you're saying that you will operate without a valid service agreement, that's quite a risk. Likewise, if "consenting" includes ESIGN, that's an additional risk.