Posted By: happyauditor
Reg E 1005.10b Preauth Transfers - 11/10/21 12:46 AM
I have read Reg E 1005.10(b), 1005.10(d) and section 1005.3(c)(5) and the official staff commentary several times... Am I correct to say that the written authorization for preauthorized transfers from a consumer's account, and the notice of varying amounts, if applicable, is only required if one part of the transfer is external to the bank, or within the bank for unrelated parties?
1005.3(c) Exclusions from coverage. The term “electronic fund transfer†does not include:
(5) Automatic transfers by account-holding institution. Any transfer of funds under an agreement between a consumer and a financial institution which provides that the institution will initiate individual transfers without a specific request from the consumer:
(i) Between a consumer's accounts within the financial institution;
(ii) From a consumer's account to an account of a member of the consumer's family held in the same financial institution; or
(iii) Between a consumer's account and an account of the financial institution, except that these transfers remain subject to § 1005.10(e) regarding compulsory use and sections 916 and 917 of the Act regarding civil and criminal liability.
I am trying to determine what scenarios require compliance with 1005.10(b) and 1005.10(d).
Am I correct with this line of thinking...
Scenario 1 - customer sets up automatic recurring ACH payment of their loan with ABC Bank to be debited from their ABC Bank checking account - 1005.10(b) and (d) do NOT apply.
Scenario 2 - customer sets up automatic recurring ACH payment of their loan at ABC Bank to be debited from their XYZ Bank debit account. This is set up through ABC Bank. 1005.10(b) and 1005.10(d) apply. ABC Bank must get authorization from the customer, provide a copy of such to the customer, and if the amounts will vary each month, must send the notice at least 10 days prior to the debit.
Thanks in advance for your help.
1005.3(c) Exclusions from coverage. The term “electronic fund transfer†does not include:
(5) Automatic transfers by account-holding institution. Any transfer of funds under an agreement between a consumer and a financial institution which provides that the institution will initiate individual transfers without a specific request from the consumer:
(i) Between a consumer's accounts within the financial institution;
(ii) From a consumer's account to an account of a member of the consumer's family held in the same financial institution; or
(iii) Between a consumer's account and an account of the financial institution, except that these transfers remain subject to § 1005.10(e) regarding compulsory use and sections 916 and 917 of the Act regarding civil and criminal liability.
I am trying to determine what scenarios require compliance with 1005.10(b) and 1005.10(d).
Am I correct with this line of thinking...
Scenario 1 - customer sets up automatic recurring ACH payment of their loan with ABC Bank to be debited from their ABC Bank checking account - 1005.10(b) and (d) do NOT apply.
Scenario 2 - customer sets up automatic recurring ACH payment of their loan at ABC Bank to be debited from their XYZ Bank debit account. This is set up through ABC Bank. 1005.10(b) and 1005.10(d) apply. ABC Bank must get authorization from the customer, provide a copy of such to the customer, and if the amounts will vary each month, must send the notice at least 10 days prior to the debit.
Thanks in advance for your help.