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How Long Is Bank Liable for Fraud Visa DC?

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Question: 
How long is the bank liable on a visa debit card for fraud discovered by the customer?
Answer: 

There are two sets of liabilties schedules to be considered, Reg E 1005.6(b) and VISA Zero Liability.

First, 1005.6(b) does not put a statute of limitations on a customer reporting a transaction as unauthorized. What it does say is that the bank is liability for unauthorized transactions that occur within 60 days of the transmission of the statement on which the first unauthorized charge appears. The provisional credit and investigation time frames of 1005.11 do not apply if the customer does not make the claim within this time, but the bank liability remains. The customer liability is unlimited for transactions after this 60 day period.

VISA Zero Liability has a condition that states it may not apply if a customer is negligent or has a delay in reporting unauthorized transactions, but this does not eliminate the Reg E liability schedule.

Consequently, although the bank can assign liability to the consumer for the later transactions, the bank may still have liability on the early ones. "How long?" As stated above, Reg E has no statute of limitations so there is no regulatory limit with which to answer this question so the answer is, "As long as the account has been opened."

First published on 09/08/2013

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