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Debiting Provisional Credit when Paid Early

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Question: 
Reg E allows you to wait 10 days to provisionally credit the customer, and if you require that they send it in writing, and they do not, you do not need to provisionally credit their account. However, as the VISA rules require provisional credit at 5 days, our bank has been giving everyone provisional credit immediately. So our question is, can we reverse our provisional credit if the customer does not send us the information in writing? The regulation only talks about waiting until the resolution of the dispute to reverse the provisional credit, but we're wondering if it's okay to do so if they don't return the dispute in writing?
Answer: 

I'd be concerned about raising confusion with your customers. First you give them provisional credit. Then you pull the provisional credit. Will your customers (and your staff) understand that the investigation isn't complete, and that the customer may later get the money back?

A second, important question is whether Visa rules will permit you to condition the provisional credit upon receipt of the written confirmation of the error claim. If Visa doesn't include that condition in its rules, you can't impose it on your customer if the error claim happens to fall under the Visa rules.

If you are not able to condition provisional credit on Visa-controlled error claims, you could be setting up two sets of rules -- reverse the provisional credit if no written confirmation is received on non-Visa claims; don't reverse it on Visa claims. Given the confusion in many shops over which claims are subject to the Visa rules and which are not, I think you could be setting staff up for problems.

First published on BankersOnline.com 8/28/06

First published on 08/28/2006

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