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Regulation E - Electronic
Funds Transfer
Sec. 205.1 - Authority
and purpose.
Sec. 205.2 - Definitions.
Sec. 205.3 - Coverage.
Sec. 205.4 - General disclosure requirements; jointly
offered services.
Sec. 205.5 - Issuance of access devices.
Sec. 205.6 - Liability of consumer for unauthorized
transfers.
Sec. 205.7 - Initial disclosures.
Sec. 205.8 - Change in terms notice; error resolution
notice.
Sec. 205.9 - Receipts at electronic terminals;
periodic statements.
Sec. 205.10 - Preauthorized transfers.
Sec. 205.11 - Procedures for resolving errors.
Sec. 205.12 - Relation to other laws.
Sec. 205.13 - Administrative enforcement; record
retention.
Sec. 205.14 - Electronic fund transfer service
provider not holding consumer's account.
Sec. 205.15 - Electronic fund transfer of government
benefits.
Sec. 205.1 Authority and purpose.
(a) Authority. The regulation
in this part, known as Regulation E, is issued by the Board of Governors
of the Federal Reserve System pursuant to the Electronic Fund Transfer
Act (15 U.S.C. 1693 et seq.). The information-collection requirements
have been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq. and have been assigned OMB No. 7100-0200.
(b) Purpose. This part
carries out the purposes of the Electronic Fund Transfer Act, which establishes
the basic rights, liabilities, and responsibilities of consumers who use
electronic fund transfer services and of financial institutions that offer
these services. The primary objective of the act and this part is the
protection of individual consumers engaging in electronic fund transfers.
Sec. 205.2 Definitions.
For purposes of this
part, the following definitions apply:
(a)(1) Access device
means a card, code, or other means of access to a consumer's account,
or any combination thereof, that may be used by the consumer to initiate
electronic fund transfers.
(2) An access device
becomes an accepted access device when the consumer:
(i) Requests and receives,
or signs, or uses (or authorizes another to use) the access device to
transfer money between accounts or to obtain money, property, or services;
(ii) Requests validation
of an access device issued on an unsolicited basis; or
(iii) Receives an access
device in renewal of, or in substitution for, an accepted access device
from either the financial institution that initially issued the device
or a successor.
(b)(1) Account means
a demand deposit (checking), savings, or other consumer asset account
(other than an occasional or incidental credit balance in a credit plan)
held directly or indirectly by a financial institution and established
primarily for personal, family, or household purposes.
(2) The term does not
include an account held by a financial institution under a bona fide trust
agreement.
(c) Act means the Electronic
Fund Transfer Act (title IX of the Consumer Credit Protection Act, 15
U.S.C. 1693 et seq.).
(d) Business day means
any day on which the offices of the consumer's financial institution are
open to the public for carrying on substantially all business functions.
(e) Consumer means a
natural person.
(f) Credit means the
right granted by a financial institution to a consumer to defer payment
of debt, incur debt and defer its payment, or purchase property or services
and defer payment therefor.
(g) Electronic fund transfer
is defined in Sec. 205.3.
(h) Electronic terminal
means an electronic device, other than a telephone operated by a consumer,
through which a consumer may initiate an electronic fund transfer. The
term includes, but is not limited to, point-of-sale terminals, automated
teller machines, and cash dispensing machines.
(i) Financial institution
means a bank, savings association, credit union, or any other person that
directly or indirectly holds an account belonging to a consumer, or that
issues an access device and agrees with a consumer to provide electronic
fund transfer services.
(j) Person means a natural
person or an organization, including a corporation, government agency,
estate, trust, partnership, proprietorship, cooperative, or association.
(k) Preauthorized electronic
fund transfer means an electronic fund transfer authorized in advance
to recur at substantially regular intervals.
(l) State means any state,
territory, or possession of the United States; the District of Columbia;
the Commonwealth of Puerto Rico; or any political subdivision of the above
in this paragraph (l).
(m) Unauthorized electronic
fund transfer means an electronic fund transfer from a consumer's account
initiated by a person other than the consumer without actual authority
to initiate the transfer and from which the consumer receives no benefit.
The term does not include an electronic fund transfer initiated:
(1) By a person who was
furnished the access device to the consumer's account by the consumer,
unless the consumer has notified the financial institution that transfers
by that person are no longer authorized;
(2) With fraudulent intent
by the consumer or any person acting in concert with the consumer; or
(3) By the financial
institution or its employee.
Sec. 205.3 Coverage.
(a) General. This part
applies to any electronic fund transfer that authorizes a financial institution
to debit or credit a consumer's account. Generally, this part applies
to financial institutions. For purposes of Secs. 205.10 (b), (d), and
(e) and 205.13, this part applies to any person.
(b) Electronic fund transfer.
The term electronic fund transfer means any transfer of funds that is
initiated through an electronic terminal, telephone, computer, or magnetic
tape for the purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account. The term includes, but is not
limited to:
(1) Point-of-sale transfers;
(2) Automated teller
machine transfers;
(3) Direct deposits or
withdrawals of funds;
(4) Transfers initiated
by telephone; and
(5) Transfers resulting
from debit card transactions, whether or not initiated through an electronic
terminal.
(c) Exclusions from coverage.
The term electronic fund transfer does not include:
(1) Checks. Any transfer
of funds originated by check, draft, or similar paper instrument; or any
payment made by check, draft, or similar paper instrument at an electronic
terminal.
(2) Check guarantee or
authorization. Any transfer of funds that guarantees payment or authorizes
acceptance of a check, draft, or similar paper instrument but that does
not directly result in a debit or credit to a consumer's account.
(3) Wire or other similar
transfers. Any transfer of funds through Fedwire or through a similar
wire transfer system that is used primarily for transfers between financial
institutions or between businesses.
(4) Securities and commodities
transfers. Any transfer of funds the primary purpose of which is the purchase
or sale of a security or commodity, if the security or commodity is:
(i) Regulated by the
Securities and Exchange Commission or the Commodity Futures Trading Commission;
(ii) Purchased or sold
through a broker-dealer regulated by the Securities and Exchange Commission
or through a futures commission merchant regulated by the Commodity Futures
Trading Commission; or
(iii) Held in book-entry
form by a Federal Reserve Bank or federal agency.
(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 Sec. 205.10(e) regarding compulsory use and
sections 915 and 916 of the act regarding civil and criminal liability.
(6) Telephone-initiated
transfers. Any transfer of funds that:
(i) Is initiated by a
telephone communication between a consumer and a financial institution
making the transfer; and
(ii) Does not take place
under a telephone bill-payment or other written plan in which periodic
or recurring transfers are contemplated.
(7) Small institutions.
Any preauthorized transfer to or from an account if the assets of the
account-holding financial institution were $100 million or less on the
preceding December 31. If assets of the account-holding institution subsequently
exceed $100 million, the institution's exemption for preauthorized transfers
terminates one year from the end of the calendar year in which the assets
exceed $100 million. Preauthorized transfers exempt under this paragraph
(c)(7) remain subject to Sec. 205.10(e) regarding compulsory use and sections
915 and 916 of the act regarding civil and criminal liability.
Sec. 205.4 General disclosure requirements; jointly
offered services.
(a) Form of disclosures.
Disclosures required under this part shall be clear and readily understandable,
in writing, and in a form the consumer may keep. A financial institution
may use commonly accepted or readily understandable abbreviations in complying
with the disclosure requirements of this part.
(b) Additional information;
disclosures required by other laws. A financial institution may include
additional information and may combine disclosures required by other laws
(such as the Truth in Lending Act (15 U.S.C. 1601 et seq.) or the Truth
in Savings Act (12 U.S.C. 4301 et seq.)) with the disclosures required
by this part.
(c) [Reserved]
(d) Multiple accounts
and account holders--(1) Multiple accounts. A financial institution may
combine the required disclosures into a single statement for a consumer
who holds more than one account at the institution.
(2) Multiple account
holders. For joint accounts held by two or more consumers, a financial
institution need provide only one set of the required disclosures and
may provide them to any of the account holders.
(e) Services offered
jointly. Financial institutions that provide electronic fund transfer
services jointly may contract among themselves to comply with the requirements
that this part imposes on any or all of them. An institution need make
only the disclosures required by Secs. 205.7 and 205.8 that are within
its knowledge and within the purview of its relationship with the consumer
for whom it holds an account.
Sec. 205.5 Issuance of access devices.
(a) Solicited issuance.
Except as provided in paragraph (b) of this section, a financial institution
may issue an access device to a consumer only:
(1) In response to an
oral or written request for the device; or
(2) As a renewal of,
or in substitution for, an accepted access
device whether issued by the institution or a successor.
(b) Unsolicited issuance.
A financial institution may distribute an access device to a consumer
on an unsolicited basis if the access device is:
(1) Not validated, meaning
that the institution has not yet performed all the procedures that would
enable a consumer to initiate an electronic fund transfer using the access
device;
(2) Accompanied by a
clear explanation that the access device is not validated and how the
consumer may dispose of it if validation is not desired;
(3) Accompanied by the
disclosures required by Sec. 205.7, of the consumer's rights and liabilities
that will apply if the access device is validated; and
(4) Validated only in
response to the consumer's oral or written request for validation, after
the institution has verified the consumer's identity by a reasonable means.
Sec. 205.6 Liability of consumer for unauthorized
transfers.
(a) Conditions for liability.
A consumer may be held liable, within the limitations described in paragraph
(b) of this section, for an unauthorized electronic fund transfer involving
the consumer's account only if the financial institution has provided
the disclosures required by Sec. 205.7(b)(1), (2), and (3). If the unauthorized
transfer involved an access device, it must be an accepted access device
and the financial institution must have provided a means to identify the
consumer to whom it was issued.
(b) Limitations on amount
of liability. A consumer's liability for an unauthorized electronic fund
transfer or a series of related unauthorized transfers shall be determined
as follows:
(1) Timely notice given.
If the consumer notifies the financial institution within two business
days after learning of the loss or theft of the access device, the consumer's
liability shall not exceed the lesser of $50 or the amount of unauthorized
transfers that occur before notice to the financial institution.
(2) Timely notice not
given. If the consumer fails to notify the financial institution within
two business days after learning of the loss or theft of the access device,
the consumer's liability shall not exceed the lesser of $500 or the sum
of:
(i) $50 or the amount
of unauthorized transfers that occur within the two business days, whichever
is less; and
(ii) The amount of unauthorized
transfers that occur after the close of two business days and before notice
to the institution, provided the institution establishes that these transfers
would not have occurred had the consumer notified the institution within
that two-day period.
(3) Periodic statement;
timely notice not given. A consumer must report an unauthorized electronic
fund transfer that appears on a periodic statement within 60 days of the
financial institution's transmittal of the statement to avoid liability
for subsequent transfers. If the consumer fails to do so, the consumer's
liability shall not exceed the amount of the unauthorized transfers that
occur after the close of the 60 days and before notice to the institution,
and that the institution establishes would not have occurred had the consumer
notified the institution within the 60-day period. When an access device
is involved in the unauthorized transfer, the consumer may be liable for
other amounts set forth in paragraphs (b)(1) or (b)(2) of this section,
as applicable.
(4) Extension of time
limits. If the consumer's delay in notifying the financial institution
was due to extenuating circumstances, the institution shall extend the
times specified above to a reasonable period.
(5) Notice to financial
institution. (i) Notice to a financial institution is given when a consumer
takes steps reasonably necessary to provide the institution with the pertinent
information, whether or not a particular employee or agent of the institution
actually receives the information.
(ii) The consumer may
notify the institution in person, by telephone, or in writing.
(iii) Written notice
is considered given at the time the consumer mails the notice or delivers
it for transmission to the institution by any other usual means. Notice
may be considered constructively given when the institution becomes aware
of circumstances leading to the reasonable belief that an unauthorized
transfer to or from the consumer's account has been or may be made.
(6) Liability under state
law or agreement. If state law or an agreement between the consumer and
the financial institution imposes less liability than is provided by this
section, the consumer's liability shall not exceed the amount imposed
under the state law or agreement.
Sec. 205.7 Initial disclosures.
(a) Timing of disclosures.
A financial institution shall make the disclosures required by this section
at the time a consumer contracts for an electronic fund transfer service
or before the first electronic fund transfer is made involving the consumer's
account.
(b) Content of disclosures.
A financial institution shall provide the following disclosures, as applicable:
(1) Liability of consumer.
A summary of the consumer's liability, under Sec. 205.6 or under state
or other applicable law or agreement, for unauthorized electronic fund
transfers.
(2) Telephone number
and address. The telephone number and address of the person or office
to be notified when the consumer believes that an unauthorized electronic
fund transfer has been or may be made.
(3) Business days. The
financial institution's business days.
(4) Types of transfers;
limitations. The type of electronic fund transfers that the consumer may
make and any limitations on the frequency and dollar amount of transfers.
Details of the limitations need not be disclosed if confidentiality is
essential to maintain the security of the electronic fund transfer system.
(5) Fees. Any fees imposed
by the financial institution for electronic fund transfers or for the
right to make transfers.
(6) Documentation. A
summary of the consumer's right to receipts and periodic statements, as
provided in Sec. 205.9, and notices regarding preauthorized transfers
as provided in Secs. 205.10(a), and 205.10(d).
(7) Stop payment. A summary
of the consumer's right to stop payment of a preauthorized electronic
fund transfer and the procedure for placing a stop-payment order, as provided
in Sec. 205.10(c).
(8) Liability of institution.
A summary of the financial institution's liability to the consumer under
section 910 of the act for failure to make or to stop certain transfers.
(9) Confidentiality.
The circumstances under which, in the ordinary course of business, the
financial institution may provide information concerning the consumer's
account to third parties.
(10) Error resolution.
A notice that is substantially similar to Model Form A-3 as set out in
Appendix A of this part concerning error resolution.
Sec. 205.8 Change in terms notice; error resolution
notice.
(a) Change in terms
notice--(1) Prior notice required. A financial institution shall mail
or deliver a written notice to the consumer, at least 21 days before the
effective date, of any change in a term or condition required to be disclosed
under Sec. 205.7(b) if the change would result in:
(i) Increased fees for
the consumer;
(ii) Increased liability
for the consumer;
(iii) Fewer types of
available electronic fund transfers; or
(iv) Stricter limitations
on the frequency or dollar amount of transfers.
(2) Prior notice exception.
A financial institution need not give prior notice if an immediate change
in terms or conditions is necessary to maintain or restore the security
of an account or an electronic fund transfer system. If the institution
makes such a change permanent and disclosure would not jeopardize the
security of the account or system, the institution shall notify the consumer
in writing on or with the next regularly scheduled periodic statement
or within 30 days of making the change permanent.
(b) Error resolution
notice. For accounts to or from which electronic fund transfers can be
made, a financial institution shall mail or deliver to the consumer, at
least once each calendar year, an error resolution notice substantially
similar to the model form set forth in Appendix A of this part (Model
Form A-3). Alternatively, an institution may include an abbreviated notice
substantially similar to the model form error resolution notice set forth
in Appendix A of this part (Model Form A-3), on or with each periodic
statement required by Sec. 205.9(b).
Sec. 205.9 Receipts at electronic terminals; periodic
statements.
(a) Receipts at electronic
terminals. A financial institution shall make a receipt available to a
consumer at the time the consumer initiates an electronic fund transfer
at an electronic terminal. The receipt shall set forth the following information,
as applicable:
(1) Amount. The amount
of the transfer. A transaction fee may be included in this amount, provided
the amount of the fee is disclosed on the receipt and displayed on or
at the terminal.
(2) Date. The date the
consumer initiates the transfer.
(3) Type. The type of
transfer and the type of the consumer's account(s) to or from which funds
are transferred. The type of account may be omitted if the access device
used is able to access only one account at that terminal.
(4) Identification. A
number or code that identifies the consumer's account or accounts, or
the access device used to initiate the transfer. The number or code need
not exceed four digits or letters to comply with the requirements of this
paragraph (a)(4).
(5) Terminal location.
The location of the terminal where the transfer is initiated, or an identification
such as a code or terminal number. Except in limited circumstances where
all terminals are located in the same city or state, if the location is
disclosed, it shall include the city and state or foreign country and
one of the following:
(i) The street address;
or
(ii) A generally accepted
name for the specific location; or
(iii) The name of the
owner or operator of the terminal if other than the account-holding institution.
(6) Third party transfer.
The name of any third party to or from whom funds are transferred.
(b) Periodic statements.
For an account to or from which electronic fund transfers can be made,
a financial institution shall send a periodic statement for each monthly
cycle in which an electronic fund transfer has occurred; and shall send
a periodic statement at least quarterly if no transfer has occurred. The
statement shall set forth the following information, as applicable:
(1) Transaction information.
For each electronic fund transfer occurring during the cycle:
(i) The amount of the
transfer;
(ii) The date the transfer
was credited or debited to the consumer's account;
(iii) The type of transfer
and type of account to or from which funds were transferred;
(iv) For a transfer initiated
by the consumer at an electronic terminal (except for a deposit of cash
or a check, draft, or similar paper instrument), the terminal location
described in paragraph (a)(5) of this section; and
(v) The name of any third
party to or from whom funds were transferred.
(2) Account number. The
number of the account.
(3) Fees. The amount
of any fees assessed against the account during the statement period for
electronic fund transfers, for the right to make transfers, or for account
maintenance.
(4) Account balances.
The balance in the account at the beginning and at the close of the statement
period.
(5) Address and telephone
number for inquiries. The address and telephone number to be used for
inquiries or notice of errors, preceded by ``Direct inquiries to'' or
similar language. The address and telephone number provided on an error
resolution notice under Sec. 205.8(b) given on or with the statement satisfies
this requirement.
(6) Telephone number
for preauthorized transfers. A telephone number the consumer may call
to ascertain whether preauthorized transfers to the consumer's account
have occurred, if the financial institution uses the telephone-notice
option under Sec. 205.10(a)(1)(iii).
(c) Exceptions to the
periodic statement requirement for certain accounts--(1) Preauthorized
transfers to accounts. For accounts that may be accessed only by preauthorized
transfers to the account the following rules apply:
(i) Passbook accounts.
For passbook accounts, the financial institution need not provide a periodic
statement if the institution updates the passbook upon presentation or
enters on a separate document the amount and date of each electronic fund
transfer since the passbook was last presented.
(Ii) Other accounts.
For accounts other than passbook accounts, the financial institution
must send a periodic statement at least quarterly.
(2) Intra-institutional
transfers. For an electronic fund transfer initiated by the consumer between
two accounts of the consumer in the same institution, documenting the
transfer on a periodic statement for one of the two accounts satisfies
the periodic statement requirement.
(3) Relationship between
paragraphs (c)(1) and (c)(2) of this section. An account that is accessed
by preauthorized transfers to the account described in paragraph (c)(1)
of this section and by intra- institutional transfers described in paragraph
(c)(2) of this section, but by no other type of electronic fund transfers,
qualifies for the exceptions provided by paragraph (c)(1) of this section.
(d) Documentation for
foreign-initiated transfers. The failure by a financial institution to
provide a terminal receipt for an electronic fund transfer or to document
the transfer on a periodic statement does not violate this part if:
(1) The transfer is not
initiated within a state; and
(2) The financial institution
treats an inquiry for clarification or documentation as a notice of error
in accordance with Sec. 205.11.
Sec. 205.10 Preauthorized transfers.
(a) Preauthorized transfers
to consumer's account--(1) Notice by financial institution. When a person
initiates preauthorized electronic fund transfers to a consumer's account
at least once every 60 days, the account-holding financial institution
shall provide notice to the consumer by:
(i) Positive notice.
Providing oral or written notice of the transfer within two business days
after the transfer occurs; or
(ii) Negative notice.
Providing oral or written notice, within two business days after the date
on which the transfer was scheduled to occur, that the transfer did not
occur; or
(iii) Readily-available
telephone line. Providing a readily available telephone line that the
consumer may call to determine whether the transfer occurred and disclosing
the telephone number on the initial disclosure of account terms and on
each periodic statement.
(2) Notice by payor.
A financial institution need not provide notice of a transfer if the payor
gives the consumer positive notice that the transfer has been initiated.
(3) Crediting. A financial
institution that receives a preauthorized transfer of the type described
in paragraph (a)(1) of this section shall credit the amount of the transfer
as of the date the funds for the transfer are received.
(b) Written authorization
for preauthorized transfers from consumer's account. Preauthorized electronic
fund transfers from a consumer's account may be authorized only by a writing
signed or similarly authenticated by the consumer. The person that obtains
the authorization shall provide a copy to the consumer.
(c) Consumer's right
to stop payment--(1) Notice. A consumer may stop payment of a preauthorized
electronic fund transfer from the consumer's account by notifying the
financial institution orally or in writing at least three business days
before the scheduled date of the transfer.
(2) Written confirmation.
The financial institution may require the consumer to give written confirmation
of a stop-payment order within 14 days of an oral notification. An institution
that requires written confirmation shall inform the consumer of the requirement
and provide the address where confirmation must be sent when the consumer
gives the oral notification. An oral stop-payment order ceases to be binding
after 14 days if the consumer fails to provide the required written confirmation.
(d) Notice of transfers
varying in amount--(1) Notice. When a preauthorized electronic fund transfer
from the consumer's account will vary in amount from the previous transfer
under the same authorization or from the preauthorized amount, the designated
payee or the financial institution shall send the consumer written notice
of the amount and date of the transfer at least 10 days before the scheduled
date of transfer.
(2) Range. The designated
payee or the institution shall inform the consumer of the right to receive
notice of all varying transfers, but may give the consumer the option
of receiving notice only when a transfer falls outside a specified range
of amounts or only when a transfer differs from the most recent transfer
by more than an agreed- upon amount.
(e) Compulsory use--(1)
Credit. No financial institution or other person may condition an extension
of credit to a consumer on the consumer's repayment by preauthorized electronic
fund transfers, except for credit extended under an overdraft credit plan
or extended to maintain a specified minimum balance in the consumer's
account.
(2) Employment or government
benefit. No financial institution or other person may require a consumer
to establish an account for receipt of electronic fund transfers with
a particular institution as a condition of employment or receipt of a
government benefit.
Sec. 205.11 Procedures for resolving errors.
(a) Definition of error--(1)
Types of transfers or inquiries covered. The term error means:
(i) An unauthorized electronic
fund transfer;
(ii) An incorrect electronic
fund transfer to or from the consumer's account;
(iii) The omission of
an electronic fund transfer from a periodic statement;
(iv) A computational
or bookkeeping error made by the financial institution relating to an
electronic fund transfer;
(v) The consumer's receipt
of an incorrect amount of money from an electronic terminal;
(vi) An electronic fund
transfer not identified in accordance with Secs. 205.9 or 205.10(a); or
(vii) The consumer's
request for documentation required by Secs. 205.9 or 205.10(a) or for
additional information or clarification concerning an electronic fund
transfer, including a request the consumer makes to determine whether
an error exists under paragraphs (a)(1) (i) through (vi) of this section.
(2) Types of inquiries
not covered. The term error does not include:
(i) A routine inquiry
about the consumer's account balance;
(ii) A request for information
for tax or other recordkeeping purposes; or
(iii) A request for duplicate
copies of documentation.
(b) Notice of error from
consumer--(1) Timing; contents. A financial institution shall comply with
the requirements of this section with respect to any oral or written notice
of error from the consumer that:
(i) Is received by the
institution no later than 60 days after the institution sends the periodic
statement or provides the passbook documentation, required by Sec. 205.9,
on which the alleged error is first reflected;
(ii) Enables the institution
to identify the consumer's name and account number; and
(iii) Indicates why the
consumer believes an error exists and includes to the extent possible
the type, date, and amount of the error, except for requests described
in paragraph (a)(1)(vii) of this section.
(2) Written confirmation.
A financial institution may require the consumer to give written confirmation
of an error within 10 business days of an oral notice. An institution
that requires written confirmation shall inform the consumer of the requirement
and provide the address where confirmation must be sent when the consumer
gives the oral notification.
(3) Request for documentation
or clarifications. When a notice of error is based on documentation or
clarification that the consumer requested under paragraph (a)(1)(vii)
of this section, the consumer's notice of error is timely if received
by the financial institution no later than 60 days after the institution
sends the information requested.
(c) Time limits and extent
of investigation--(1) Ten-day period. A financial institution shall investigate
promptly and, except as otherwise provided in this paragraph (c), shall
determine whether an error occurred within 10 business days of receiving
a notice of error. The institution shall report the results to the consumer
within three business days after completing its investigation. The institution
shall correct the error within one business day after determining that
an error occurred.
(2) Forty-five day period.
If the financial institution is unable to complete its investigation within
10 business days, the institution may take up to 45 days from receipt
of a notice of error to investigate and determine whether an error occurred,
provided the institution does the following:
(i) Provisionally credits
the consumer's account in the amount of the alleged error (including interest
where applicable) within 10 business days of receiving the error notice.
If the financial institution has a reasonable basis for believing that
an unauthorized electronic fund transfer has occurred and the institution
has satisfied the requirements of Sec. 205.6(a), the institution may withhold
a maximum of $50 from the amount credited. An institution need not provisionally
credit the consumer's account if:
(A) The institution requires
but does not receive written confirmation within 10 business days of an
oral notice of error; or
(B) The alleged error
involves an account that is subject to Regulation T (Securities Credit
by Brokers and Dealers, 12 CFR part 220);
(ii) Informs the consumer,
within two business days after the provisional crediting, of the amount
and date of the provisional crediting and gives the consumer full use
of the funds during the investigation;
(iii) Corrects the error,
if any, within one business day after determining that an error occurred;
and
(iv) Reports the results
to the consumer within three business days after completing its investigation
(including, if applicable, notice that a provisional credit has been made
final).
(3) Extension of time
periods. The time periods in paragraphs (c)(1) and (c)(2) of this section
are extended as follows:
(i) The applicable time
is 20 business days in place of 10 business days under paragraphs (c)(1)
and (c)(2) of this section if the notice of error involves an electronic
fund transfer to or from the account within 30 days after the first deposit
to the account was made.
(Ii) The application
time is 90 days in place of 45 days under paragraph (c)(2) of
this section, for completing an investigation, if a notice of
error involves an electronic fund transfer that:
(A)
Was not initiated within a state;
(B)
Resulted from a point-of-sale debit card transaction; or
(C) Occurred within 30 days after the first deposit to the account was
made.
(4) Investigation. With
the exception of transfers covered by Sec. 205.14, a financial institution's
review of its own records regarding an alleged error satisfies the requirements
of this section if:
(i) The alleged error
concerns a transfer to or from a third party; and
(ii) There is no agreement
between the institution and the third party for the type of electronic
fund transfer involved.
(d) Procedures if financial
institution determines no error or different error occurred. In addition
to following the procedures specified in paragraph (c) of this section,
the financial institution shall follow the procedures set forth in this
paragraph (d) if it determines that no error occurred or that an error
occurred in a manner or amount different from that described by the consumer:
(1) Written explanation.
The institution's report of the results of its investigation shall include
a written explanation of the institution's findings and shall note the
consumer's right to request the documents that the institution relied
on in making its determination. Upon request, the institution shall promptly
provide copies of the documents.
(2) Debiting provisional
credit. Upon debiting a provisionally credited amount, the financial institution
shall:
(i) Notify the consumer
of the date and amount of the debiting;
(ii) Notify the consumer
that the institution will honor checks, drafts, or similar instruments
payable to third parties and preauthorized transfers from the consumer's
account (without charge to the consumer as a result of an overdraft) for
five business days after the notification. The institution shall honor
items as specified in the notice, but need honor only items that it would
have paid if the provisionally credited funds had not been debited.
(e) Reassertion of error.
A financial institution that has fully complied with the error resolution
requirements has no further responsibilities under this section should
the consumer later reassert the same error, except in the case of an error
asserted by the consumer following receipt of information provided under
paragraph (a)(1)(vii) of this section.
Sec. 205.12 Relation to other laws.
(a) Relation to Truth
in Lending. (1) The Electronic Fund Transfer Act and this part govern:
(i) The addition to an
accepted credit card, as defined in Regulation Z (12 CFR 226.12(a)(2),
footnote 21), of the capability to initiate electronic fund transfers;
(ii) The issuance of
an access device that permits credit extensions (under a preexisting agreement
between a consumer and a financial institution) only when the consumer's
account is overdrawn or to maintain a specified minimum balance in the
consumer's account; and
(iii) A consumer's liability
for an unauthorized electronic fund transfer and the investigation of
errors involving an extension of credit that occurs under an agreement
between the consumer and a financial institution to extend credit when
the consumer's account is overdrawn or to maintain a specified minimum
balance in the consumer's account.
(2) The Truth in Lending
Act and Regulation Z (12 CFR part 226), which prohibit the unsolicited
issuance of credit cards, govern:
(i) The addition of a
credit feature to an accepted access device; and
(ii) Except as provided
in paragraph (a)(1)(ii) of this section, the issuance of a credit card
that is also an access device.
(b) Preemption of inconsistent
state laws--(1) Inconsistent requirements. The Board shall determine,
upon its own motion or upon the request of a state, financial institution,
or other interested party, whether the act and this part preempt state
law relating to electronic fund transfers. Only state laws that are inconsistent
with the act and this part are preempted and then only to the extent of
the inconsistency. A state law is not inconsistent with the act and this
part if it is more protective of consumers.
(2) Standards for determination.
State law is inconsistent with the requirements of the act and this part
if it:
(i) Requires or permits
a practice or act prohibited by the federal law;
(ii) Provides for consumer
liability for unauthorized electronic fund transfers that exceeds the
limits imposed by the federal law;
(iii) Allows longer time
periods than the federal law for investigating and correcting alleged
errors, or does not require the financial institution to credit the consumer's
account during an error investigation in accordance with Sec. 205.11(c)(2)(i);
or
(iv) Requires initial
disclosures, periodic statements, or receipts that are different in content
from those required by the federal law except to the extent that the disclosures
relate to consumer rights granted by the state law and not by the federal
law.
(c) State exemptions--(1)
General rule. Any state may apply for an exemption from the requirements
of the act or this part for any class of electronic fund transfers within
the state. The Board shall grant an exemption if it determines that:
(i) Under state law the
class of electronic fund transfers is subject to requirements substantially
similar to those imposed by the federal law; and
(ii) There is adequate
provision for state enforcement.
(2) Exception. To assure
that the federal and state courts continue to have concurrent jurisdiction,
and to aid in implementing the act:
(i) No exemption shall
extend to the civil liability provisions of section 915 of the act; and
(ii) When the Board grants
an exemption, the state law requirements shall constitute the requirements
of the federal law for purposes of section 915 of the act, except for
state law requirements not imposed by the federal law.
Sec. 205.13 Administrative enforcement; record
retention.
(a) Enforcement by federal
agencies. Compliance with this part is enforced by the agencies listed
in Appendix B of this part.
(b) Record retention.
(1) Any person subject to the act and this part shall retain evidence
of compliance with the requirements imposed by the act and this part for
a period of not less than two years from the date disclosures are required
to be made or action is required to be taken.
(2) Any person subject
to the act and this part having actual notice that it is the subject of
an investigation or an enforcement proceeding by its enforcement agency,
or having been served with notice of an action filed under sections 910,
915, or 916(a) of the act, shall retain the records that pertain to the
investigation, action, or proceeding until final disposition of the matter
unless an earlier time is allowed by court or agency order.
Sec. 205.14 Electronic fund transfer service
provider not holding consumer's account.
(a) Provider of electronic
fund transfer service. A person that provides an electronic fund transfer
service to a consumer but that does not hold the consumer's account is
subject to all requirements of this part if the person:
(1) Issues a debit card
(or other access device) that the consumer can use to access the consumer's
account held by a financial institution; and
(2) Has no agreement
with the account-holding institution regarding such access.
(b) Compliance by service
provider. In addition to the requirements generally applicable under this
part, the service provider shall comply with the following special rules:
(1) Disclosures and documentation.
The service provider shall give the disclosures and documentation required
by Secs. 205.7, 205.8, and 205.9 that are within the purview of its relationship
with the consumer. The service provider need not furnish the periodic
statement required by Sec. 205.9(b) if the following conditions are met:
(i) The debit card (or
other access device) issued to the consumer bears the service provider's
name and an address or telephone number for making inquiries or giving
notice of error;
(ii) The consumer receives
a notice concerning use of the debit card that is substantially similar
to the notice contained in Appendix A of this part;
(iii) The consumer receives,
on or with the receipts required by Sec. 205.9(a), the address and telephone
number to be used for an inquiry, to give notice of an error, or to report
the loss or theft of the debit card;
(iv) The service provider
transmits to the account-holding institution the information specified
in Sec. 205.9(b)(1), in the format prescribed by the automated clearinghouse
system used to clear the fund transfers;
(v) The service provider
extends the time period for notice of loss or theft of a debit card, set
forth in Sec. 205.6(b) (1) and (2), from two business days to four business
days after the consumer learns of the loss or theft; and extends the time
periods for reporting unauthorized transfers or errors, set forth in Secs.
205.6(b)(3) and 205.11(b)(1)(i), from 60 days to 90 days following the
transmittal of a periodic statement by the account-holding institution.
(2) Error resolution.
(i) The service provider shall extend by a reasonable time the
period in which notice of an error must be received, specified
in Sec. 205.11(b)(1)(i), if a delay resulted from an initial attempt
by the consumer to notify the account-holding institution.
(Ii) The service provider shall disclose to the consumer the date
on which it initiates a transfer to effect a provisional credit
in accordance with Sec. 205.11(c)(2)(ii).
(iii) If the service
provider determines an error occurred, it shall transfer funds to or from
the consumer's account, in the appropriate amount and within the applicable
time period, in accordance with Sec. 205.11(c)(2)(i).
(iv) If funds were provisionally
credited and the service provider determines no error occurred, it may
reverse the credit. The service provider shall notify the account-holding
institution of the period during which the account-holding institution
must honor debits to the account in accordance with Sec. 205.11(d)(2)(ii).
If an overdraft results, the service provider shall promptly reimburse
the account- holding institution in the amount of the overdraft.
(c) Compliance by account-holding
institution. The account-holding institution need not comply with the
requirements of the act and this part with respect to electronic fund
transfers initiated through the service provider except as follows:
(1) Documentation. The
account-holding institution shall provide a periodic statement that describes
each electronic fund transfer initiated by the consumer with the access
device issued by the service provider. The account-holding institution
has no liability for the failure to comply with this requirement if the
service provider did not provide the necessary information; and
(2) Error resolution.
Upon request, the account-holding institution shall provide information
or copies of documents needed by the service provider to investigate errors
or to furnish copies of documents to the consumer. The account-holding
institution shall also honor debits to the account in accordance with
Sec. 205.11(d)(2)(ii).
Sec. 205.15 Electronic fund transfer of government
benefits.
(a) Government agency
subject to regulation. (1) A government agency is deemed to be a financial
institution for purposes of the act and this part if directly or indirectly
it issues an access device to a consumer for use in initiating an electronic
fund transfer of government benefits from an account, other than needs-tested
benefits in a program established under state or local law or administered
by a state or local agency. The agency shall comply with all applicable
requirements of the act and this part except as provided in this section.
(2) For purposes of this
section, the term account means an account established by a government
agency for distributing government benefits to a consumer electronically,
such as through automated teller machines or point-of-sale terminals,
but does not include an account for distributing needs-tested benefits
in a program established under state or local law or administered by a
state or local agency.
(b) Issuance of access
devices. For purposes of this section, a consumer is deemed to request
an access device when the consumer applies for government benefits that
the agency disburses or will disburse by means of an electronic fund transfer.
The agency shall verify the identity of the consumer receiving the device
by reasonable means before the device is activated.
(c) Alternative to periodic
statement. A government agency need not furnish the periodic statement
required by Sec. 205.9(b) if the agency makes available to the consumer:
(1) The consumer's account
balance, through a readily available telephone line and at a terminal
(such as by providing balance information at a balance-inquiry terminal
or providing it, routinely or upon request, on a terminal receipt at the
time of an electronic fund transfer); and
(2) A written history
of the consumer's account transactions that is provided promptly in response
to an oral or written request and that covers at least 60 days preceding
the date of a request by the consumer.
(d) Modified requirements. A government agency that does not furnish periodic
statements, in accordance with paragraph (c) of this section, shall comply
with the following special rules:
(1) Initial disclosures.
The agency shall modify the disclosures under Sec. 205.7(b) by disclosing:
(i) Account balance.
The means by which the consumer may obtain information concerning the
account balance, including a telephone number. The agency provides a notice
substantially similar to the notice contained in paragraph A-5 in Appendix
A of this part.
(Ii) Written
account history. A summary of the consumer's right to receive
a written account history upon request, in place of the periodic
statement required by Sec. 205.7(b)(6), and the telephone number
to call to request an account history. This disclosure may be
made by providing a notice substantially similar to the notice
contained in paragraph A-5 in Appendix A of this part.
(Iii) Error resolution.
A notice concerning error resolution that is substantially similar
to the notice contained in paragraph A-5 in Appendix A of this
part, in place of the notice required by Sec. 205.7(b)(10).
(2) Annual error resolution
notice. The agency shall provide an annual notice concerning error resolution
that is substantially similar to the notice contained in paragraph A-5
in appendix A, in place of the notice required by Sec. 205.8(b).
(3) Limitations on liability.
For purposes of Sec. 205.6(b)(3), regarding a 60-day period for reporting
any unauthorized transfer that appears on a periodic statement, the 60-day
period shall begin with transmittal of a written account history or other
account information provided to the consumer under paragraph (c) of this
section.
(4) Error resolution.
The agency shall comply with the requirements of Sec. 205.11 in response
to an oral or written notice of an error from the consumer that is received
no later than 60 days after the consumer obtains the written account history
or other account information, under paragraph (c) of this section, in
which the error is first reflected.
Appendices A - C
Credit And Banking Laws Directory
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