Will someone please verify this for me - I'm a victim of Friday Fuzz.

Fuzz issue 1 -

Per Reg E - the time clock begins with EITHER oral or written notification from the consumer. A bank MAY require written notice. Even so, time has begun upon oral notification.

Per NACHA - a WSUPP is required for certain claims (i.e. unauthorized debit).

Fuzz issue 2 - So to cover bank policy and NACHA, the WSUPP can be used for both.

Fuzz issue 3 - What (if any) are the differences between ACH and ATM claims?

I think I can help with #3

ATM - done at an ATM

ACH - done through the Automated Clearing House - ex. auto deducts like utilities, etc.

LOL! I think I misstated question #3 (probably due to Fuzz)...

Per either Reg E or NACHA, does the bank handle a disputed ACH transaction any differently than a disputed ATM transaction?

Separate NACHA rules from Reg. E requirements. You must always comply with the Reg. E requirements.

If you are wise enough and lucky enough to obtain a WSUPP, that will satisfy the written notice provision for provisional credit under 205.11. It will also allow you to do a return under the NACHA adjustment rules.

If you don't get a WSUPP, you still have to comply with Reg. E, but you may not be able to send the ACH item back.

Fuzz issue #1-- Correct. Clock for error resolution period starts with oral notice, if it has enough info to ID the customer and account and understand what the customer thinks is wrong with which transaction.

Regarding the written statement - in section 205.11(c)(2)(A) it states an institution does not have to provide provisional credit within 10 days if it requires written notice and doesn't receive...

So what does this mean in terms of the dispute? Can an institution close it out after 10 days if it doesn't get the written part?

No. It means that the institution doesn't have to provide a provisional credit while it continues to investigate. The provisional credit is designed to give the customer "an advance" on the settlement of the investigation if it's going to take longer than 10 days to get the matter resolved.

John (or anyone) - I have a further question - If the bank requires the written statement, doesn't get one within 10 days, continues to investigate (45 days), and receives the written statement during investigation (say on day 20) - does a bank have to give provisional credit at that time?

No. The bank is not obliged under Regulation E to provide provisional credit if the written confirmation of the claim (which a WSUPP would qualify as) is received after the 10th business day.'

However, if you receive the WSUPP within the window to made an adjustment entry return of the item, you in essence have everything you need to resolve the inquiry quickly by sending the entry back. At that point, however, you would provide the customer final, rather than provisional, credit.