Can the WSUD used for Reg E Error Resolution have language that states that a false declaration could subject the cardholder to criminal prosecution under penalty of perjury or should it be removed. The form does not contain the word "affidavit" anywhere, nor does it require a notary.
I've heard that having this type language is the equivalent to a sworn statement or affidavit, which is not allowed under the Reg.

the WSUD is a Nacha form for ACH transactions only, not for cards. they have the explicit language on the form as required by Nacha Operating Rules. I would not recommend making any changes to it.

We use a WSUD for unauthorized debit card transactions as well. As such, can the Written Statement used for Reg E Error Resolution have language that states that a false declaration could subject the cardholder to criminal prosecution under penalty of perjury or should it be removed. The form does not contain the word "affidavit" anywhere, nor does it require a notary.

I think you have a question to ask your bank counsel...

but, who is going to charge the cardholder and criminally prosecute if they lie when completing it? the bank does not have the power to do such. and Reg E guidelines do not require the customer to complete...so what are you actually trying to solve for here?

A "under penalties of perjury" statement has to be notarized - otherwise it is meaningless. I too have no idea what is trying to be accomplished?