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Latest Compliance - Reg. CC Topics

What is the first hold day for Reg CC

12/25/2022

When you put a funds availability hold on a deposit account does first business day begin the day of deposit, the next day, or next business day?

Holding Less Reg CC Funds

07/24/2022

Regarding Reg CC and Next Day Availability, does the bank have the authority or flexibility to release an amount larger than the $225 required by the regulation? For example, if a $10,000 check is deposited in a consumer's account, can the bank release an amount such as $2,500? This would include $2,275 in addition to the $225 required by the regulation.

Funds Availability Rules on Mobile Deposits

03/27/2022

This is about holds on mobile RDC Deposits, specifically what are the rules on funds availability? For what periods of time are we permitted to hold funds on mobile deposits and is the item itself going to affect this? Also, pertaining to a legal copy of deposited checks - are we obligated to provide the client with the IRD in a digital bank environment, or just a notice covers us?

Next-Day Availability for Checks (State)

01/16/2022

In regards to Next-Day Availability for checks drawn by a state or a unit of general local government, it's not clear to me exactly what type of checks these are. Is a check, lets say, drawn out of "ABC Bank" for "Far Out County Delinquent Tax Account" (a local county) with an out-of-state P.O. Box address listed on the check considered a check drawn by a unit of general local government, therefore, Next-Day Availability applies?

10 Day Hold on Check?’

09/19/2021

I am wondering if it is against regulations to place a 10-day hold on a check? I always thought we couldn't go past 9 days. Please refresh my memory!

Making Reg CC holds easier

08/29/2021

Can a bank that generally makes check deposits available the day after the deposit decide not to make case-by-case holds but employ exception holds when needed?

Making Reg CC hold amounts easier

08/22/2021

The inflation-adjusted dollar amounts, especially $225 and $5,525, in Regulation CC are cumbersome to work with. Can a bank “round them up” to amounts that are easier to work with, such as $250 and $5,600?

Reg CC Guidelines for a Timely Notice

08/15/2021

Under Reg CC, I need assistance in regards to when a notice must be mailed to a customer for an ATM deposit. To detect and prevent fraud losses, our detection teams currently review ATM deposits made to an account on the same day of deposit, but prior to posting to a customer's account or prior to our processing area posting it to a customer's account. After nightly posting by our core system, when transactions are posted and services are updated for the next day's work, holds are then applied to the account (early AM time, Day 2). Reg CC notices are mailed the following day after the hold is applied. Does this fall within the Reg CC guidelines for a timely notice or since we reviewed the deposits (prior to posting) do we have to send a notice the following day, basically the same day the hold is applied to the account?

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Stopping Preauthorized Payments

10/20/2024

We currently have outside counsel providing what I believe is inaccurate guidance. However, I'm struggling to find resources I can use to refute their regulatory interpretations. Specifically, this applies to a consumer's right to stop payment under 1005.10(c). Can you please advise how these requirements apply to: 1. Preauthorized transfers for loan payments (we are the lender/servicer) drawn on both external (we obtain debit authorization) and internal deposit accounts; and 2. Preauthorized bill payments both issued against the bank's/vendor's account and debited directly from the consumer's account. We hold the consumer's deposit account and offer the bill pay service.

'Member FDIC' in trust department ads

10/13/2024

Our bank has a trust department and they want to run an advertisement. Does "Member FDIC" need to be included in the ad? The ad will state something like, "We can help you with your Trust and Estate Planning."

Are All Private ATM Owners Equal

09/29/2024

I have read through several articles on private ATM owners and the enhanced due diligence on these; however, none seem to call out private ATM owners that do not have access to fill the ATM. Would these customers have the same expectations? Would it be necessary to tag these customers, obtain contracts/agreements and do yearly reviews of activity?

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