EFTA (Reg E) Flashcards
A customer who has preauthorized transfers made on the 15th of each month to the utility company, sent written notification to the bank on the 5th of the current month that he wanted to discontinue the automatic transfers. The bank received the customer’s notification on the 7th. On the 20th of the month, the customer telephoned to state that his account balance indicated that payment was NOT stopped. The bank should advise the customer that:
A. The problem must be corrected by the utility company
B. The bank has no liability, but will discontinue the transfer effective as of the next billing cycle
C. Federal law requires 30-day prior written notice to stop payment on preauthorized transfers
D. The account will be credited promptly
D. The account will be credited promptly
Regulation E requires a bank to stop a preauthorized electronic funds transaction (EFT) if proper notice is provided by the customer in a timely manner. 8 days before the scheduled payment is sufficient time for the bank to take action on the customer’s request; thus, the account should be promptly credited. The bank is responsible for stopping the payment, not the utility company.
The bank has asked the compliance officer to participate in a committee on debit card dispute resolution. Which of the following would be MOST concerning for the compliance officer to learn during one of the initial committee meetings?
A. All provisional credits are provided to consumers within 20 calendar days following notice of the dispute to the bank
B. All accountholders are provided with opt-in notices for debit card overdraft fees before any such fees are assessed
C. Receipts are made optional at bank-controlled electronic terminals for any transaction for $10 or less
D. 30 days’ prior notice to accountholders is provided for changes in terms to any electronic service aspect of the consumer’s account
A. All provisional credits are provided to consumers within 20 calendar days following notice of the dispute to the bank
It is a requirement under Regulation E to provide provisional credit after a proper dispute within 10 business days after receipt. 20 days is permitted only for new accounts and foreign transactions; thus, the bank would be in violation by providing 20 days for all disputes. All other options are either in compliance with Reg. E requirements or are more beneficial to the consumer than Reg. E requires.
Which is considered a prepaid product?
A. A card that is marketed or labeled as prepaid and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs and that must be accessed by a card
B. A card that is marketed or labeled as prepaid or as a store gift card and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs
C. An account that is marketed or labeled as prepaid and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs
D. An account that is marketed or labeled as prepaid and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs and that could be a checking account
C. An account that is marketed or labeled as prepaid and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs
Under prepaid product specifications, an account that is marketed or labeled as prepaid and redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at ATMs is considered a prepaid product. A card is not considered a prepaid product. The account that could be a checking account is not an accurate statement of a prepaid product.
A bank was notified by a customer of an EFT error. That same day, the bank investigated and determined that this was, in fact, an error. A refund must be made within how many business days?
A. 1 day
B. 10 days
C. 20 days
D. 45 days
A. 1 day
A customer contacts the bank within 60 days after receiving his checking account statement regarding a point-of-sale debit card purchase for $9.95 that was posted on his statement as $99.50. Unless provisional credit is provided, this dispute must be resolved within how many days after notification from the customer?
A. 1 business day
B. 10 business days
C. 20 business days
D. 90 calendar days
B. 10 business days
True/False: Reg E covers transfers that are initiated through an electronic terminal, telephone, computer or magnetic tape.
True
What is a covered foreign remittance transfer?
- More than $15
- Made by a consumer in the US
- Sent to a person or company in a foreign country
- Includes many types of transfers (wires, ACHs)
How often must the account-holding FI give notice to a consumer when a consumer’s account is scheduled to be credited or debited by a preauthorized transfer?
A. At least once every 60 days.
B. Monthly
C. Quarterly
D. Prior to the initial preauthorized transfer only
A. At least once every 60 days.
A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated.
Under Regulation E, when a bank imposes a change that increases fees or charges related to electronic fund transfers, or restricts availability of electronic transfers, it must provide notice to its customers. How many days in advance of the change must the bank notify customers?
A. 10
B. 15
C. 21
D. 30
C. 21
If an institution fails to provide the initial Reg E disclosure, what is the consumer’s liability for unauthorized transactions?
$0. If proper disclosure wasn’t given originally, there’s no liability.
First National Bank investigated Mr. Gilbert’s allegation of a $500 EFT error. The bank provisionally credited the account during the investigation. The bank determined that no error was made and notified Mr. Gilbert on April 5 of the results of the investigation. On April 6, the bank debited Mr. Gilbert’s account for $500, which before this debit had a balance of $700. On April 7, checks for $600 and $800 are presented for payment against the account, payable to third parties. On April 8, Mr. Gilbert comes into the bank to withdraw $100. What should First National do?
A. Return both the $600 and the $800 checks and honor the cash withdrawal
B. Pay both checks and honor the cash withdrawal
C. Pay the $600 check and honor the cash withdrawal
D. Pay the $600 check and refuse the cash withdrawal
D. Pay the $600 check and refuse the cash withdrawal
The bank must honor checks payable to third parties for five business days after the transmittal of the notice of the investigation. The bank does not have to honor checks that would not have been paid if the debit had not occurred. Therefore, the $800 check would not be paid. Because the $600 check would have been paid but for the debit of the $500, the bank must pay the $600. The $600 check the bank does have to pay now overdraws the account by $400. (Remember, the account has a real balance of $200.) The bank, therefore, does not have to honor a cash withdrawal—there are no funds in the account and only checks payable to third parties fall under this rule.
You are doing a review of the bank’s consumer deposit account periodic statements for Regulation E compliance. As part of the review, you should check for:
A. The actual date the transfer was conducted
B. The authorization code for the transaction
C. The total amount of credits applied
D. The amount of any fees assessed for EFTs
D. The amount of any fees assessed for EFTs
What is the base liability for unauthorized transactions?
$50 base liability. This is often waived by the institution due to contractual provisions with Visa and Mastercard.
The customer must notify the institution within __ days of the delivery of the periodic statement containing the transaction or else face _________ liability for the transactions after that.
60
unlimited
Your bank has decided to discontinue offering debit cards to business customers. Debit cards are currently in the hands of only about 100 business customers who have business checking accounts at the bank. You are asked about what kind of notice, if any, is needed to these customers to discontinue the debit cards that these customers already have. Your first step should be to:
A. Review Regulation B adverse action notice requirements
B. Review Regulation Z change in terms notification requirements
C. Review the cardholder agreement for notification requirements
D. Review Regulation E change in terms notification requirements
C. Review the cardholder agreement for notification requirements
Reg E isn’t relevant because these are business customers and Reg E applies to consumers. The most important source is going to be the cardholder agreement that was provided to the customers when they received their cards. That will determine what, if any, disclosure notice is necessary.
Can a bank have special terms or conditions on an account depending on whether or not the consumer opts in to debit card overdraft protection?
No. This is prohibited by Reg E. The bank must offer the same terms whether or not the consumer opts in.
When must a customer give notice of an unauthorized transaction?
Within 60 days of when the periodic statement containing the transaction was delivered.
First National Bank has an overdraft privilege program available to its deposit customers. Under this program the bank generally pays checks, ACH items and recurring debit card transactions presented against accounts up to a pre-set limit. The bank does not pay overdrafts originated as ATM transactions or as one-time debit card transactions. From time to time, however, point of sale transactions initiated by debit cards are presented as preapproved items and, according to the rules of the card association, the bank must pay the transaction as presented. Therefore the bank does have a few overdrafts originated as one-time debit card transactions. Which of the following is a true statement for the bank?
A. The bank must provide an opt in notice to all its customers
B. The bank does not have to provide an opt in notice, but it cannot charge an overdraft fee on the inadvertent overdrafts created by ATM and debit card transactions
C. The bank does not have to provide an opt in notice to its customers and it may still charge for inadvertent overdrafts created by ATM and one-time debit card transactions
D. If the bank pays overdrafts originated by check, it must also pay those originated by ATM and one-time debit transactions
B. The bank does not have to provide an opt in notice, but it cannot charge an overdraft fee on the inadvertent overdrafts created by ATM and debit card transactions
Institutions that do not authorize payments of overdrafts on ATM or one-time debit transactions are not required to give the notice of affirmative consent to opt-in, but they may not charge a fee for those transactions.
Which of the following actions is prohibited under EFTA/Regulation E?
A. Imposing a fee for EFTs
B. Requiring a consumer to authorize payments to a credit account as a condition of an extension of credit
C. Requiring a consumer to provide a written confirmation of an oral stop payment order
D. Requiring a consumer to request an access device in writing
B. Requiring a consumer to authorize payments to a credit account as a condition of an extension of credit
If a consumer wants to stop payment on a preauthorized EFT, when must the consumer notify the bank?
A. At least 3 business days before the transfer is scheduled to occur
B. At least 1 day before the transfer is scheduled to occur
C. At least 14 days before the transfer is scheduled to occur
D. At least 10 days before the transfer is scheduled to occur
A. At least 3 business days before the transfer is scheduled to occur
The receipt of an EFT must include which of the following terms, as applicable?
A. Posting date of the transaction
B. Institution’s toll-free telephone number
C. Calendar date of the transaction
D. Institution’s address
C. Calendar date of the transaction
Mr. Edwards has a First National Bank debit card. The card allows him to withdraw funds from his checking account to pay for goods or services by using major credit card networks. Providers of services that accept MasterCard or VISA will accept Mr. Edwards debit card. Mr. Edwards travels often. In March, while at home, he reviews his checking account statement and notices three ATM transactions whereby funds were debited from his account using the debit card. The transactions were made in San Diego during February. Mr. Edwards never went to San Diego. None of his family members have debit cards. He called the bank and asked to be reimbursed for the $750 that was taken from his account but not authorized by him. What may the bank do?
A. Point out to him the language in his account agreement where he agrees to be liable for all withdrawals, whether or not authorized, and tell him that they will not credit his account for the funds
B. Tell him that they will investigate and the funds should be credited within 20 business days
C. Provisionally credit the account within 10 business days and take up to 45 days to investigate the unauthorized debit
D. Provisionally credit the account within 20 business days
C. Provisionally credit the account within 10 business days and take up to 45 days to investigate the unauthorized debit
This is an unauthorized transfer of funds. The bank cannot contract with the customer for the customer to waive his or her rights. Time periods for error resolutions are not extended for ATM transactions using debit cards initiated within a state.
With one exception, the following transactions are considered electronic funds transfers for purposes of Regulation E. Which transaction is NOT considered an EFT?
A. Withdrawing cash from a checking account through an ATM
B. Paying for groceries through a point-of-sale debit of funds from a checking account
C. Transferring funds from a savings account to a checking account at an ATM
D. Transferring funds from a savings account to a checking account by the customer’s telephone call to a bank officer and asking for the funds to be transferred
D. Transferring funds from a savings account to a checking account by the customer’s telephone call to a bank officer and asking for the funds to be transferred
A customer calls to notify the bank that a withdrawal made at an ATM located in a local supermarket has been debited from the wrong account. The bank employee applies the point-of-sale error resolution procedures. What should the bank do?
A. Ask the supermarket to credit the customer’s account
B. Freeze the customer’s account until the problem can be resolved
C. Retrain the employee to distinguish point-of-sale transactions from ATM transactions
D. Provide immediate credit, and file a SAR
C. Retrain the employee to distinguish point-of-sale transactions from ATM transactions
The employee used the wrong procedures. The ATM transaction is not a point-of-sale transaction, so the bank should first retrain the employee.