Reg E Telephone Transfers/Transactions

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Question:

I have a question about telephone transfers. The telephone transfers we perform are for the customer who calls the bank and requests the teller to withdraw from one account and transfer funds to another account. We currently have a custom form that a customer signs to perform ongoing telephone transfers and we keep this on file authorizing the bank to perform these transactions. We would like to discontinue using this form. Is this old form necessary and is it even a compliance requirement under Electronic Fund Transfer Act? We currently document on the transaction ticket "Telephone Transfer per Customer request". Any advice or information would be greatly appreciated.

Answer:

The one time phone call to a teller is not covered EFT under Reg E.

1005.3(c)(6)(i) Exclusions from coverage. The term “electronic fund transfer” does not include:

Telephone-initiated transfers. Any transfer of funds that:

(i) Is initiated by a telephone communication between a consumer and a financial institution making the transfer; and
(ii) Does not take place under a telephone bill-payment or other written plan in which periodic or recurring transfers are contemplated.

However, note item (ii). Are your tellers automatically performing the transfers based on a written agreement each month without the customer calling in? If so, those would be covered EFTs and require a written authorization.