Compliance Q&A Archive

Q:  On Regulation E error investigations, does a customer have to be given provisional credit if the investigation is conducted within the first day of the dispute and proven the customer is liable for the purchases? A:  You’re required to provide provisional credit if ...Read More

Question:  For the bank’s Privacy Notice, is the bank’s holding company considered an affiliate? Answer:  Reg P defines an affiliate as follows: “(1) Affiliate means any company that controls, is controlled by, or is under common control with another company.” https://www.consumerfinance.gov/rules-policy/regulations/1016/3/#a-1 Since the holding ...Read More

Question: When purchasing loan, do we need to collect a beneficial ownership form? If so, will collecting after the loan is purchased acceptable? Answer: IP guidance suggests that for purchased loans banks are required to ensure that the institution or broker that originated the ...Read More

Question: We sent a notice of incompleteness to a customer and one of the items they need more time to get this info. It is permissible to provide another notice of incompleteness (“NOI”) to extend the current NOI deadline for a later date? Answer: ...Read More

Question: Do Reg CC exception holds apply to check deposits drawn on foreign banks? Answer: If the check is actually drawn on a foreign bank not located in the US, it would not be considered a “check” covered by Reg. CC. Therefore, would not ...Read More

Q: If an account has multiple Pod beneficiaries on it and one beneficiary passes before the account owner, would the remaining Pod beneficiaries will receive the funds in the account upon the death of the account holder? In other words, none of the funds ...Read More

Q: Do we have any TCPA issues making phone calls to current customers to sell them other bank products? A: Generally, if you have an established business relationship with the customer, there would be no compliance issues with TCPA to call them and sell ...Read More