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Reg E doesn’t say so, but

Regulation E’s “Procedures for Resolving Errors,” along with that section’s Commentary, neither addresses nor prohibits banks from requiring helpful documentation such as police reports or signed and notarized affidavits. Are such actions are OK?

No. While police reports and affidavits are not specifically mentioned in Regulation E or the applicable Commentary, previous enforcement actions and regulatory guidance provided by banking regulatory agencies have indicated that requiring such documents is not permissible in support of an allegation of an unauthorized EFT.
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2017 Regulation By Enforcement

First published on 02/26/2017

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