We are working on a project to make debit card access available to some of our commercial accounts, primarily to give them more flexibility with respect to purchases for their businesses. One of our questions concerns liability for debit card errors or fraudulent transactions. Should we simply "borrow" the provisions of Regulation E by reference in our documents, or should we be going in a different direction?
Under Reg E, is a business customer who has a business debit card covered by the same rules within Reg E as a regular consumer who has a personal debit card?
Does Reg E apply in the case of buyer's remorse? Example: when the customer authorized the transaction as posted and now are just unhappy?
About Regulation E, 205.17(b)(3) Same Account Terms, Conditions, and Features: I thought about actually closing the card if the customer does not opt-in or closing the card if he had not opted-in, and have overdrawn the account for the second time. We won’t charge them those two times, but after the second one hits, we will shut the card off and will need them to opt-in. I feel that if we do not promote our debit cards with any account, but the customer has the option to add a debit card to a checking account, that we should be able to only give debit cards to customers that have opted-in. The regulation states that the “institution may not vary the terms, conditions, or features of an account provided to a consumer who does not affirmatively consent to the payment of ATM or one-time debit card transactions.” I do not think that the ATM or debit card is a term, condition, or feature of any of our accounts that we offer. It is a benefit that the customer may receive if he opens a checking account with us, but there is no obligation to any of our accounts that a ATM or debit card has to be acquired. It also states that we cannot offer consumers a PIN-only card if they do not opt-in. It is they just cannot get an ATM or debit card added to the account if they do not opt-in, do you think that this would be a violation or do you have any suggestions on how we could go about this?
Reg E overdraft questions from the January 6, 2010 webinar:<ul><li>Does the reg allow you to offer the option of opting in to ATMs or to debit cards in addition to both? <li>For existing clients, can the confirmation be sent at the same time as the written notice, maybe with a tear-off section with the revocation information that the customer would keep? <li>It talks about the telephone being an acceptable method to obtain the opt-in. How would this work through a call center? Would the call be sufficient or would a written notice have to be mailed and received before taking any action from a called in request?</ul>
We offer commercial debit cards. One of our clients recently had fraudulent activity of POS transactions in another state. Our Debit Card Contract with our customer states that the client is responsible for any loss due to fraud and the bank is not liable. The customer is not happy that he is liable. I can’t find anything that states the bank would be liable. I just want to double check to make sure we are correct in thinking this way.
Is there a banking regulation limit on the number of debit cards that a bank can issue on a business (corporation) checking account?
Is it acceptable for a bank to require its customers to apply for and be credit-approved for a Visa debit card, even though the customer is not receiving a credit line of any kind?
By issuing debit cards to the trustees of an account owned by a revocable living trust, is the financial institution opening itself up to risk? If so, what kinds of risk? What does Reg E say about these situations? Example: The Smith Family Revocable Living Trust Charles Smith, co-trustee Mary Smith, co-trustee. The debit cards would be issued to Charles Smith and Mary Smith.
At our credit union, we offer visa debit cards. If a member loses the card or it gets stolen, are we liable for returning all fraudulent funds back to the cardholder, or are liable for only a certain amount?