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What Is Regulation E?


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    Highlights

  • Regulation E protects consumers by limiting liability for unauthorized electronic fund transfers based on timely reporting
  • Financial institutions must investigate reported EFT errors within 10 to 45 business days and provide provisional credits
  • Regulation E covers debit cards and EFTs but not credit cards, which fall under the Truth in Lending Act
  • The CFPB enforces Regulation E through consumer complaints, supervisory exams, and other mechanisms to ensure compliance
Table of Contents

What Is Regulation E?

Let me explain Regulation E directly to you. It's a set of rules from the Federal Reserve Board that lays out procedures and protections for electronic fund transfers. This regulation ensures your safety in things like ATM transactions, point-of-sale purchases, and handling unauthorized card use. Banks and financial institutions must follow these guidelines to provide secure EFT services.

Key Takeaways

You need to know that Regulation E sets the rules for electronic funds transfers to protect you as a consumer and guide financial institutions on procedures. Under this regulation, you have rights to dispute unauthorized transactions or errors in EFTs. Banks are required to investigate these reports and issue provisional credits while they look into it. Your liability for unauthorized debit card use is limited, but it depends on how quickly you report the loss or theft. Remember, Regulation E doesn't cover credit cards; those are under the Truth in Lending Act and Regulation Z.

Key Features of Regulation E for EFTs

The Federal Reserve's rules for electronic funds transfers give guidelines for issuers of electronic debit cards, all aimed at protecting you when you use electronic methods to move money. Regulation E covers guidelines for both you and banks in EFT contexts, including ATM transfers, point-of-sale transactions, and ACH systems. It also includes rules on your liability for unauthorized card usage.

Important Background

Both you as a consumer and financial institutions should understand Regulation E's guidelines. This regulation came from the Federal Reserve as part of the Electronic Fund Transfer Act passed by Congress in 1978 to protect people in these transactions. A big part of it details how you report EFT errors and what steps banks take to fix them. Errors could be getting the wrong amount from an ATM, unauthorized card activity, or unauthorized wire transfers to or from your account.

Error Resolution Procedures

Banks generally have 10 business days to investigate a reported EFT error, but they can extend this to 45 days if they provisionally credit your account with the disputed funds. After that, they must report the investigation results to the Federal Reserve and to you. Regulation E also sets your responsibilities for reporting unauthorized activity, like a stolen card. You must report lost or stolen cards within two days of noticing, or the bank might not refund your losses.

Coverage and Distinctions

Regulation E governs debit card issuance but not credit cards, which are under the Truth in Lending Act and Regulation Z. However, it does cover EFT features related to credit card usage.

Important Considerations for Consumers and Financial Institutions

As a consumer, ensure you're following federal rules when reporting errors to make sure your bank complies and to limit your liability. Financial institutions, you should share these regulations internally to avoid compliance issues.

Example of Regulation E in Action

If you have a bank account, Regulation E offers key benefits by outlining your rights to dispute ATM or debit card transactions you think are wrong. This covers both fraudulent and accidental errors. For instance, if you cancel a TV streaming subscription but see an extra charge afterward, you can ask for a refund from the service, and if denied, dispute it with your bank under Regulation E.

How Regulation E is Enforced

Regulation E has specific compliance rules for EFT providers, like tracking consumer agreements, providing periodic statements, resolving errors, reimbursing incorrect fees, giving account access, and offering a contact phone number. Enforcement comes from sources like consumer complaints, the CFPB's whistleblower hotline, referrals from regulators, market intelligence, and supervisory exam results. Investigations start if facts suggest a violation of consumer financial laws, if entities are involved, if there's significant harm, and if resources are available.

How Does Regulation E Protect Me?

Regulation E lets you dispute unauthorized EFTs, incorrect transfers to or from your account, omitted EFTs on statements, bank computational errors on EFTs, incorrect ATM receipts, errors in pre-authorized transfers, and requests for more info on EFTs.

How Does Regulation E Protect Me If My Debit Card Is Stolen?

It limits your liability for lost or stolen debit cards. Report it sooner to lower your maximum liability for unauthorized charges; wait longer, and your liability increases.

Does Regulation E Cover Credit Cards?

No, credit cards are under the Truth in Lending Act of 1968, updated by the Credit CARD Act of 2009, but Regulation E only covers EFTs for consumers.

The Bottom Line

Regulation E, under the CFPB created in 2010, sets the basic rights, liabilities, and responsibilities for consumers using EFTs and remittance services, and for the institutions offering them.

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