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#24825 - 07/22/02 08:47 PM Reg E Customers request for docs
Kahola Offline
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Kahola
Joined: May 2001
Posts: 712
Scottsdale, AZ. 85255
If we deny a claim can we tell the customer that they have only ten days to request copies of the documents used during the investigation?

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Operations Compliance
#24826 - 07/22/02 08:52 PM Re: Reg E Customers request for docs
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Although there's nothing in the regulation that says you have to make the documents available for ever, there's no provision for restricting the time, either. I suspect that the framers of the regulation envisioned a file into which you would put all your paperwork, and they didn't think about limiting access to it after the fact.

If you do decide to push the envelope here, I recommend more time than 10 days. It could well be that the customer doesn't get your notice until almost the end of that time.
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John S. Burnett
BankersOnline.com
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#24827 - 07/23/02 02:33 AM Re: Reg E Customers request for docs
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,769
On the Net
I agree with John. 10 days is not reasonable for this. Since these documents should be held for audit review anyway, I wouldn't see any reason to destroy them before that is done. My own estimate would be a minimum of 90 days. If you audit less frequently, save them for at least that time. Similarly, your examiners will want to see these files when they audit you. And if the consumer wants to complain about this, that takes a month or two.

So, while files may not be needed for review by the customer, others may want to review these to ensure compliancy.
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AndyZ CRCM
My opinions are not necessarily my employers.
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#24828 - 07/23/02 01:33 PM Re: Reg E Customers request for docs
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,405
Galveston, TX
Since the retention requirements for Reg E is two-years (205.13(b), I would recommend that you don't destroy any documents relating to a Reg E claim for at least that long. Since the retention period is specified in the regulation, I would be hesitant to tell the customer that yes, we are required to maintain the records of your claim investigation, but no, you can't see them.
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#24829 - 07/23/02 06:21 PM Re: Reg E Customers request for docs
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
I'm in total agreement on this. Since 2 years is the retention requirement, and since the customer has the right to see the documents used in deciding the claim, I'd say the customer has a right to see the docs for 2 years.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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