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Electronically Signed Form-Unauthorized DC/ATM

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Can the bank accept an electronically signed form from a customer for unauthorized debit card or ATM activity?

Certainly. Reg E allows an oral claim to be made. There is no prescribed form, and there is no requirement that a claim be signed. The E-SIGN rules apply when a signature is required under a federal law, and allows that an electronic version may be substituted for a traditional wet signature. Since no federal requirement exists, the bank can do as it pleases, keeping in mind the Reg E rules.

First published on 07/19/2020

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