12 CFR 1005.6 - Liability of consumer for unauthorized transfers

Cite as12 CFR 1005.6
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12 practice notes
  • Telemarketing Sales Rule
    • United States
    • Federal Register December 14, 2015
    • December 14, 2015
    ...protection in many instances, with certain exceptions. See infra note 178 (describing voluntary zero liability protections). \174\ See 12 CFR 1005.6. \175\ If a consumer loses an ``access device,'' such as a debit card or ATM card, she faces tiered liability, depending upon when she notifie......
  • Request for Information Regarding Consumer Access to Financial Records
    • United States
    • Federal Register November 22, 2016
    • November 22, 2016
    ...CFR 1026.12(b). EFTA, as implemented by Regulation E, does the same with respect to EFTs. See EFTA section 909(a); 15 U.S.C. 1693g(a); 12 CFR 1005.6(b)(2). \9\ In March 2016 the Bureau entered into a consent order with a provider of a consumer-facing, online payment network. Among other thi......
  • Widjaja v. JPMorgan Chase Bank, N.A., 20-55862
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 20, 2021
    ...within 60 days of their appearance on her bank statements, as the EFTA ordinarily requires. See 15 U.S.C. §§ 1693f(a), 1693g(a) ; 12 C.F.R. § 1005.6(b)(3).1 In June 2019, Widjaja filed this action against Chase. After amending her complaint, she asserted four claims: (1) violation of the EF......
  • Widjaja v. JPMorgan Chase Bank, 20-55862
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 20, 2021
    ...within 60 days of their appearance on her bank statements, as the EFTA ordinarily requires. See 15 U.S.C. §§ 1693f(a), 1693g(a); 12 C.F.R. § 1005.6(b)(3).[1] In June 2019, Widjaja filed this action against Chase. After amending her complaint, she asserted four claims: (1) violation of the E......
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3 cases
  • Widjaja v. JPMorgan Chase Bank, N.A., 20-55862
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 20, 2021
    ...within 60 days of their appearance on her bank statements, as the EFTA ordinarily requires. See 15 U.S.C. §§ 1693f(a), 1693g(a) ; 12 C.F.R. § 1005.6(b)(3).1 In June 2019, Widjaja filed this action against Chase. After amending her complaint, she asserted four claims: (1) violation of the EF......
  • Widjaja v. JPMorgan Chase Bank, 20-55862
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 20, 2021
    ...within 60 days of their appearance on her bank statements, as the EFTA ordinarily requires. See 15 U.S.C. §§ 1693f(a), 1693g(a); 12 C.F.R. § 1005.6(b)(3).[1] In June 2019, Widjaja filed this action against Chase. After amending her complaint, she asserted four claims: (1) violation of the E......
  • Watson v. Conduent State & Local Sols., Case No. 1:19cv355
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • March 25, 2020
    ...violation of 15 U.S.C. 1693f(d).54. Defendants failed to limit Plaintiffs' liability for unauthorized funds transfers in violation of 12 C.F.R. 1005.6(b).55. Based upon Defendants' EFTA and Regulation E violations, Plaintiffs are entitled to actual damages in the amount of $75,000.00, statu......
5 firm's commentaries
  • Supervisory Highlights
    • United States
    • JD Supra United States
    • November 25, 2014
    ...requested within 10 days of the original notice, consumers would be denied their claim due to lack of information. At one or more 6 12 CFR 1005. 7 12 CFR 1005.11. 8 12 CFR 1005.11(c) 10 SUPERVISORY HIGHLIGHTS financial institutions, examiners found that customers who complained about unauth......
  • CFPB Amendments To Prepaid Account Rule
    • United States
    • Mondaq United States
    • February 2, 2018
    ...Act (Regulation E) and the Truth in Lending Act (Regulation Z); Delay of Effective Date, 82 Fed. Reg. 18,975 (Apr. 25, 2017). See 12 C.F.R. §§ 1005.6 & See Appendix A-7 to Part 1005. The model notice provided under Appendix A-7(c) has been revised by the Amendments to address unverified......
  • CFPB Updates Electronic Fund Transfers FAQs
    • United States
    • LexBlog United States
    • July 1, 2021
    ...consider a consumer’s negligence in determining liability for an unauthorized funds transfer, which is already stated in Regulation E, 12 CFR § 1005.6; Comment 6(b)-2. Moreover, the fourth and fifth answers state that a financial institution cannot modify or waive the consumer’s liability v......
  • Open Banking, APIs, and Liability Issues
    • United States
    • JD Supra United States
    • December 19, 2019
    ...long way toward establishing compliance with federal law related to data sharing. FOOTNOTES 1 12 CFR 1005.2(a)(1) 2 12 CFR 1005.2(m)(1) 3 12 CFR 1005.6 [View Rich Zukowsky function JDS_LoadEvent(func) { var existingOnLoad = window.onload; if (typeof window.onload ...
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1 books & journal articles
  • Debit Cards and Electronic Fund Transactions
    • United States
    • ABA Consumer Guide to Understanding and Protecting Your Credit Rights: A Practical Resource For Maintaining Good Credit
    • June 16, 2017
    ...recognize as proper. Notice may be given orally but should be confirmed in writing, preferably by means providing proof of receipt. (12 C.F.R. §1005.6) These limitations are much less favorable to the consumer than those on liability for unauthorized items on credit cards. In addition, as a......

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