12/15/2008
In developing a esignature process for consumer closed-end loans with a goal to transfer the paper, are we required to comply with both the ESIGN Act and the UETA?
11/24/2008
Regarding Reg. E- We have customer who had a chargebacks and granted on 45th day due to no replies from merchant. However, after 55th day we received the proof of sales and delivery from the merchant. How do we solve this situation? Can we claim monies from the customer? Investigation date was already passed and merchant provided late.
10/20/2008
Can a bank require that a customer maintain an average daily balance in there account in order to have access to a debit card?
09/08/2008
What are the rules regarding sending unsolicited debit cards? Are we allowed to send existing customers unsolicited debit cards and if so, what disclosures are required?
08/25/2008
We are considering making e-statements available to our customers. What compliance issues do we need to be address?
07/14/2008
A debit card was stolen and used at an ATM with the PIN number. Is the customer liable for the $50?
07/14/2008
We are thinking about offering E-deposits to customers. The customer would go into the home banking application, enter the amount of the deposit and the check information then physically mail us the paper check. The customer would receive immediate availability on deposits up to a specific limit. Once checks are received (within 5 days) we verify the check information and process the checks normally, but do not post the funds. If the checks are not received in time, we can extend the time requirements. What type of transaction is this considered and which regulation does it follow? Reg D, DD, E or Z? Do we have to provide special disclosures and if so, which ones?
07/07/2008
Since web sites have widely varying degrees of functionality, each bank must determine its own obligation. It's been a long time since I've seen a bank web site that isn't at least an advertisement. Catalog the products that will be promoted there and then aggregate the advertising regulations that apply to those products. If you offer online applications, then add the rules that apply up to that stage. If you also provide online decisions, then add the additional rules that come into play. If you go all the way and open the new loan/deposit online, keep adding the additional rules that apply during all stages of a customer relationship. There are very few rules that are uniquely Internet-related and not tied to a product. Included in this short list are "speed bumps," CAN-SPAM, and COPPA.
06/09/2008
Is the bank required to display a notification on the online banking website when a statement is ready or a change-in-terms takes place for customers that have signed up for e-statements and various disclosures as addressed in our consent process? We will not be sending an e-mail to the customer notifying them when a statement or a disclosure is there for viewing, but will merely post the updated statement or disclosure in online banking. Is this acceptable as I could not find any clear directions for this under the amended changes for E-Sign and Reg DD.
05/05/2008
When we open new accounts, we like having customers sign up for online banking at that time. Marketing created a form where the customer waives the requirements for demonstrable consent and certifies they meet the hardware and software requirements we have to get our e-statements. Is this satisfactory?