§1693f — Title 15 Commerce and Trade | U.S. Code

Summary

Financial institutions must investigate and fix mistakes about electronic account transfers when a consumer tells them about the problem within 60 days after getting the account papers or notice. The consumer must give their name and account number, say what the error is and how much it is, and explain why they think it’s wrong. The bank can fix the error right away if it finds one, and must do so no later than 1 business day after it decides an error happened. Any interest owed must be credited when the rules require. Instead of waiting to finish an investigation, the bank may put the disputed amount back into the consumer’s account within 10 business days while it looks into the problem. The investigation must finish within 45 days, and the consumer can use the money that was put back during that time. If the bank decides there was no error, it must send an explanation within 3 business days after the investigation and give copies of the papers it used if the consumer asks. Errors covered include things like unauthorized transfers, wrong amounts, missing transfers from statements, calculation mistakes, wrong cash from a terminal, requests for more information, and other errors the Bureau describes. Courts can find violations if the bank fails to recredit when required or conducts a bad or unreasonable investigation.

Title 15, §1693f

Commerce and Trade — Source: USLM XML via OLRC

(a)If a financial institution, within sixty days after having transmitted to a consumer documentation pursuant to section 1693d(a), (c), or (d) of this title or notification pursuant to section 1693d(b) of this title, receives oral or written notice in which the consumer—

(1)sets forth or otherwise enables the financial institution to identify the name and account number of the consumer;

(2)indicates the consumer’s belief that the documentation, or, in the case of notification pursuant to section 1693d(b) of this title, the consumer’s account, contains an error and the amount of such error; and

(3)sets forth the reasons for the consumer’s belief (where applicable) that an error has occurred,

(b)If the financial institution determines that an error did occur, it shall promptly, but in no event more than one business day after such determination, correct the error, subject to section 1693g of this title, including the crediting of interest where applicable.

(c)If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), it may, in lieu of the requirements of subsections (a) and (b), within ten business days after receiving such notice provisionally recredit the consumer’s account for the amount alleged to be in error, subject to section 1693g of this title, including interest where applicable, pending the conclusion of its investigation and its determination of whether an error has occurred. Such investigation shall be concluded not later than forty-five days after receipt of notice of the error. During the pendency of the investigation, the consumer shall have full use of the funds provisionally recredited.

(d)If the financial institution determines after its investigation pursuant to subsection (a) or (c) that an error did not occur, it shall deliver or mail to the consumer an explanation of its findings within 3 business days after the conclusion of its investigation, and upon request of the consumer promptly deliver or mail to the consumer reproductions of all documents which the financial institution relied on to conclude that such error did not occur. The financial institution shall include notice of the right to request reproductions with the explanation of its findings.

(e)If in any action under section 1693m 11 See References in Text note below. of this title, the court finds that—

(1)the financial institution did not provisionally recredit a consumer’s account within the ten-day period specified in subsection (c), and the financial institution (A) did not make a good faith investigation of the alleged error, or (B) did not have a reasonable basis for believing that the consumer’s account was not in error; or

(2)the financial institution knowingly and willfully concluded that the consumer’s account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation,

(f)For the purpose of this section, an error consists of—

(1)an unauthorized electronic fund transfer;

(2)an incorrect electronic fund transfer from or to the consumer’s account;

(3)the omission from a periodic statement of an electronic fund transfer affecting the consumer’s account which should have been included;

(4)a computational error by the financial institution;

(5)the consumer’s receipt of an incorrect amount of money from an electronic terminal;

(6)a consumer’s request for additional information or clarification concerning an electronic fund transfer or any documentation required by this subchapter; or

(7)any other error described in regulations of the Bureau.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1693m of this title, referred to in subsec. (e), was in the original a reference to section 915 of Pub. L. 90–321, and was translated as meaning section 916 of Pub. L. 90–321 to reflect the probable intent of Congress and the renumbering of section 915 of Pub. L. 90–321 as section 916 by Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751.

Amendments

2010—Subsec. (f)(7). Pub. L. 111–203 substituted “Bureau” for “Board”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

§1693f Error Resolution