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What Is the Electronic Fund Transfer Act (EFTA)?


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    Highlights

  • The EFTA limits consumer liability for lost or stolen debit cards to $50 if reported within two business days
  • Consumers can challenge and correct electronic transfer errors within a 60-day window
  • Financial institutions must disclose key information like liability summaries, fees, and error reporting procedures
  • The act covers a range of services including ATMs, direct deposits, debit cards, and pay-by-phone transfers
Table of Contents

What Is the Electronic Fund Transfer Act (EFTA)?

I'm here to explain the Electronic Fund Transfer Act, or EFTA, which is a federal law designed to protect you when you transfer funds electronically. This includes using debit cards, ATMs, and setting up automatic withdrawals from your bank account. The EFTA gives you a straightforward way to fix transaction errors and caps your liability if your card gets lost or stolen.

Key Takeaways

You need to know that the EFTA directly protects you during electronic fund transfers. It was put in place back in 1978 because ATMs were becoming more common, and it covers transfers through ATMs, debit cards, direct deposits, point-of-sale transactions, and even phone-initiated ones.

Understanding the Electronic Fund Transfer Act (EFTA)

Electronic fund transfers involve using computers, phones, or magnetic strips to let a financial institution credit or debit your account. Think of it as covering ATMs, debit cards, direct deposits, point-of-sale buys, phone transfers, ACH systems, and pre-authorized withdrawals from your checking or savings accounts.

The EFTA sets out rules for banks and you as the consumer when errors happen. You can challenge those errors, get them fixed, and face only limited financial hits. Banks have to share specific info with you and explain how to limit your liability for a lost or stolen card.

Since the EFTA passed, paper checks have dropped off, but they still provide solid proof of payment. The rise in electronic transactions meant we needed rules to build the same trust as with checks. This means you can challenge errors and fix them within 60 days, and limit liability to $50 on a lost card if you report it within two business days.

If you notify the bank between three and 59 days after losing the card, your liability might go up to $500. And if you wait beyond 60 days, you're not protected at all, so you could lose everything in the account and cover any overdrafts.

History of the EFTA

Congress passed the EFTA in 1978 to handle the boom in ATMs and electronic banking. The Federal Reserve Board implemented it as Regulation E, setting rules to protect consumers and define everyone's rights and duties in electronic transfers.

In 2011, after the Dodd-Frank Act, the authority shifted from the Fed to the Consumer Financial Protection Bureau. Remember, you have the right to stop preauthorized transfers anytime, no matter what any contract says.

Services Protected Under the EFTA

  • ATMs: You get 24-hour access under the EFTA.
  • Direct deposit: Banks let you pre-authorize deposits like payroll or benefits, and recurring payments like mortgages or utilities.
  • Pay-by-Phone: You can tell your bank to pay or transfer funds over the phone, with identity checks via account questions.
  • Internet: Access your accounts online to check activity, balances, transfer funds, and pay bills.
  • Debit card: Use these for purchases online or in stores.
  • Electronic check conversion: Businesses scan paper checks to turn them into electronic payments, voiding the original check.

EFTA Requirements for Service Providers

The EFTA makes financial institutions and third parties disclose key details to you. This includes a summary of your liability for unauthorized transactions, contact info for reporting issues, and the procedure to file claims. They must outline the types of transfers you can make, any fees, and limitations.

You also get a summary of your rights, like receiving periodic statements and purchase receipts. The institution's liability if they fail to handle transactions properly is covered, along with when they'll share your account info with third parties. Finally, there's a notice on how to report errors, request info, and the deadlines for doing so.

Who Does EFTA Apply to?

The EFTA applies to all persons, including foreign financial institution offices in the US, that offer EFT services to residents of any state. It covers any US-located account offering EFTs to state residents, regardless of where the transfer happens.

Does EFTA Require Withdrawal Limits?

Yes, the EFTA requires banks to limit daily withdrawals from your account. Most set it at $200 or $300 per day, so you can't electronically pull out more than that in cash over 24 hours.

Does EFTA Cover Lost Cards?

It does, but with limits. Your liability is capped at $50 if you report the lost or stolen debit card within two business days. For online shopping, you're better off using a credit card for extra protections like disputing undelivered items.

The Bottom Line

The EFTA, passed in 1978, gives you key protections for electronic fund transfers via debit cards, ATMs, and automatic withdrawals. It lets you review transactions, correct errors, and limits bank liability for lost cards if reported within 60 days. Banks must disclose how they manage accounts to keep things transparent.

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