Our mobile deposit agreement is within our online banking agreement and we have always viewed it as an extension of our online banking agreement and even the same username and password are used. Should this change now that we are offering mobile deposit?

I believe it's a matter of taste, what works best for you, but I have read more that it is best handled as a separate area. In my old small bank the same people would have been tasked in each of teh two so it wouldn't have made sense to me.

I guess the issue is Reg E and disclosure requirements. When a customer signs up for online banking they receive the online banking agreement which contains the mobile banking information. Once they have access to online banking they have access to mobile banking they just have to download the app. They can not use mobile banking without signing up for online banking. I don' think it is a new access device since the same username and password is used. The only additional service the mobile app has is mobile deposit but since it is not an EFT service does that matter?

our mobile deposit service was added well after our online banking. When a customer signs up for mobile deposit they have to read and accept the terms online in order to continue the sign up. they access the mobile deposit feature through their online banking login.

We are in the process of making enhancements to our mobile banking. Very soon we will be turning on text alerts and the customer will have the ability to reset their online password on their own (previously they had to call the bank).

Should either of these two "features" (text alerts and password resets) be disclosed on the Reg E disclosure or just the online / electronic banking disclosure? I'm kind of thinking it should be in the Reg E disclosure? Thoughts?

I'd separate Reg E from mobile banking and I haven't reviewed the strict requirements of Reg E for this, but it doesn't strike me as a required disclosure unless items Reg E requires to be "written" will be provided here and then you've really got E-SIGN requirements to contend with.

I should add, my thoughts above are especially applicable if commercial accounts have mobile banking, as they don't have Reg E.

We are going to offer mobile banking that includes the mobile deposit feature. Prior to implementation do we need to provide a new TIS disclosure that indicates the extended hold time for this products deposits and any fees? Or can we make this a step to read and accept at time of enrollment is this sufficient?

Since this is an ancillary product, the fees could be agreed to at the time they sign up for the product. Hold times are a matter of your mobile deposit contract.

Greta, thank you!

Sorry I meant Great, thank you. Also should the mobile deposit hold times be implemented into the current Funds Availability Policy? Or will that be construed as confusing to the consumer?

Most of the banks I am familiar with have kept the two separate. The Reg CC stuff for actual check deposits and the mobile banking deposit availability in the mobile banking product agreement. At least half of those banks use the same availability schedule for both.