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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 4
AGENDA
Definitions, scope and enforcement
Error resolution
Cardholder liability
Frequently asked questions and best practices
Diana Kern, AAP, Senior Trainer
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DUAL-MESSAGE TRANSACTIONS
Formerly known as signature-based or credit
Authorization messageAt the time cardholder engages in the transactionRequesting approval from the issuerTransaction date known to cardholderMay contain a PIN
Advice messageWhen merchant submits batch of transactions to Mastercard® or Visa®
Settlement date and posting occursControls account posting date
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 8
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
SINGLE-MESSAGE TRANSACTIONS
Formerly known as PIN-based or debit
Authorization and posting data included in one transaction message At the time cardholder engages in the transaction
Transaction date known to cardholder
Controls account posting date
May contain a PIN
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
GOVERNANCE: REG. E
Financial institution obligation to consumer accountholdersFI = card issuer
Accountholder = cardholder
205.2, Definitions
205.6, Liability of consumer for unauthorized transfers
205.11, Procedures for resolving errors
Supplement 1, Official staff interpretations
Enforcement through state and federal compliance exams
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 11
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
GOVERNANCE
Mastercard operating rules (public)Contract law, brand agreement
Cardholder zero liability
Visa operating rules (public)Contract law, brand agreement
Cardholder liability
Provisional credit
Enforcement through Mastercard or Visa fines, loss of brand rights or legal action/civil suit
Apply only to Mastercard and Visa branded transactions11
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: ERROR
1. Unauthorized EFT
2. Incorrect EFT to or from consumer’s account
3. Omission of an EFT from statement
4. An EFT computational or bookkeeping error made by the financial institution relating to an EFT
5. Receipt of incorrect amount of money at an ATM or other cash dispensing terminal
6. EFT not properly identified; consumer does not recognize the transaction
7. Consumer request for clarification/other information, or documentation to determine whether an error was made
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 14
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
“
”
REG. E: UNAUTHORIZED
Initiated by person other than the consumer
Doesn’t have authority to initiate transfer
Consumer receives no benefit
…means an electronic fund transfer from a consumer's account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: UNAUTHORIZED
“
”
…doesn’t include an electronic fund transfer initiated:
(i) By a person who was furnished the access device to the consumer's account by the consumer, unless the consumer has notified the financial institution that transfers by that person are no longer authorized
(ii) With fraudulent intent by the consumer or any person acting in concert with the consumer
Doesn’t include transactions initiated by:
A person who was given the payment device by the owner
The owner acting with fraudulent intent
Or, the owner acting in concert with another person with fraudulent intent
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
YOUR INITIAL ANALYSIS SHOULD DETERMINE
Is the account consumer-owned?
Does the claim meet one of the seven Reg. E error definitions?
Is the accountholder claiming unauthorized?
Which rules apply?
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 18
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: NOTICE OF AN ERROR
“
”
…received by the institution no later than 60 days after the institution sends the periodic statement…on which the alleged error is first reflected;
(i) Enables the institution to identify the consumer's name and account number; and
(ii) Indicates why the consumer believes an error exists and includes to the extent possible the type, date, and amount of the error…
Received within 60 days after the error is first reflected
Identify the consumer’s name and account #
Indicate why the consumer believes an error exists
Include error details (type, date, amount)
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: INVESTIGATION
Determine if error occurred within 10 days of receiving notice
Report results to consumer within three business days
Correct the error within one business day
“
”
…shall investigate promptly and…shall determine whether an error occurred within 10 business days of receiving a notice of error…report the results to the consumer within three business days after completing its investigation…correct the error within one business day after determining that an error occurred.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: INVESTIGATION
Give provisional credit if investigation will extend beyond10 business days
20 business days, new account (opened within 30 days)
May withhold if required, don’t receive written confirmation
Maximum length of investigation45 days
90 days when foreign (non-U.S.), debit card POS or new account (30 days)
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 21
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
EXAMPLE CARDHOLDER QUESTIONS
Which transaction(s) are you disputing?
Do you have the card in your possession?
Do you recognize either the amount or the merchant name?
Did you permit another person to use your card for any reason?
When did you cancel the transaction(s)?
Did you authorize the transaction(s) or receive any goods
or benefits?
Did you attempt to contact the merchant?
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
INVESTIGATION STEPS Review account history, at
least 30 days
Question seemingly related previous transactions
Perform internet search for merchant data
Visit site of e-commerce transactions
Contact the merchant
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
MASTERCARD & VISA
Provisional creditMastercard — Silent
Visa — Within five business days of notification of an unauthorized transaction unless you determine additional investigation is warranted and allowed by law
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 24
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E OFFICIAL STAFF INTERPRETATION
“If a billing error occurred, whether as alleged or in a different amount or manner, the financial institution may not impose a charge related to any aspect of the error-resolution process (including charges for documentation or investigation).
“Since the act grants the consumer error-resolution rights, the institution should avoid any chilling effect on the good-faith assertion of errors that might result if charges are assessed when no billing error has occurred.”
CHARGES FOR ERROR RESOLUTION
Source: Electronic Code of Federal Regulations
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
EventTiming of consumer notice to financial
institutionMaximum liability
Loss or theft of access device Within two business days after learning of loss or theft Lesser of $50, OR total amount of unauthorized
transfers
Loss or theft of access device More than two business days after learning of loss or
theft; up to 60 calendar days after transmittal of
statement showing first unauthorized transfer made
with access device
Lesser of $500, OR the sum of:
(a) $50 or the total amount of unauthorized transfers
occurring in the first two business days, whichever is
less, AND
(b) the amount of unauthorized transfers occurring
after two business days and before notice to the
financial institution
Loss or theft of access device More than 60 calendar days after transmittal of
statement showing first unauthorized transfer made
with access device
For transfers occurring within the 60-day period, the
lesser of $500, OR the sum of:
(a) lesser of $50 or the amount of unauthorized
transfers in the first two business days, AND
(b) the amount of unauthorized transfers occurring
after two business days
For transfers occurring after the 60-day period,
unlimited liability (until the financial institution is
notified)
Unauthorized transfer(s) not
involving loss or theft of an
access device
Within 60 calendar days after transmittal of the
periodic statement on which the unauthorized
transfer first appears
No liability
Unauthorized transfer(s) not
involving loss or theft of an
access device
More than 60 calendar days after transmittal of
periodic statement on which the unauthorized
transfer first appears
Unlimited liability for unauthorized
transfers occurring 60 calendar
days after the periodic statement
and before notice to the financial institution 26
Larger view on last page
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Slide 27
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E: LOSS OR THEFT OF ACCESS DEVICE
Consumer notifies within two business days after learning of loss or theft; lesser of:$50, or
Amount before issuer notified
Consumers fails to notify within two business days; lesser of:$500, or
Amount calculated from unauthorized EFTs that occurred
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 28
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
“
”
REG. E: PERIODIC STATEMENT
Timely notice60 days from statement
transmittal
Zero liability for consumer
Failure to give timely noticeBeyond 60 days from
statement transmittal
Consumer liable for unauthorized activity after the close of the 60 days and before notice
…would not have
occurred had the
consumer notified
the institution within
the 60-day period
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
REG. E OFFICIAL STAFF INTERPRETATION
“Negligence by the consumer cannot be used as the
basis for imposing greater liability than is permissible
under Regulation E.”
“Thus, consumer behavior that may constitute negligence
under state law, such as writing the PIN on a debit card
or on a piece of paper kept with the card, does not affect
the consumer's liability for unauthorized transfers.”
CONSUMER NEGLIGENCE
Source: Electronic Code of Federal Regulations
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
MASTERCARD & VISA
ZERO CARDHOLDER LIABILITY
Mastercard If cardholder exercised reasonable care in safeguarding card
from loss or theft,
And promptly reported when became aware of loss or theft
VisaUpon notification
May increase liability if substantial evidence cardholder was fraudulent or negligent
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 32
Proprietary & Confidential. © 2019 SHAZAM, Inc. Information is of general applicability and current as of date of presentation.
Can I require my cardholder to file a police report before I proceed with the investigation or provide provisional credit?
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Are we required to disclose the Mastercard and Visa zero liability rules to our cardholders, or inform them in any way?
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation
Do the Mastercard and Visa zero cardholder liability rules apply to cards issued on my business debit BIN?
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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SHAZAM onTopic: Comparing Regulation E to Visa® and Mastercard® Rules June 2019
This presentation and the information contained herein are classified as confidential and shall not be divulged, copied or distributed without the express prior written consent of SHAZAM. This presentation is based on industry and financial information available at the time of its creation; this information may be subject to change at any time.
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
Slide 35
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
POLICIES & PROCEDURES
In writing
Standardized processes and forms
Document everythingKeep a transcript of phone
conversations
Be consistent & apply policies universally
Follow your procedures
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
POLICIES & PROCEDURES
Mastercard issuers includeDefinition of “reasonable care”
Definition of “promptly notified”
Visa issuers include Definition/examples of “substantial evidence”
Definition of “negligent”
Cardholders cannot sign away their legal rights
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Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation
DIANA’S FAVORITE SITE FOR REG. E RESEARCH
ecfr.gov
Proprietary & Confidential.© 2019 SHAZAM, Inc. All rights reserved. Information is of general applicability and current as of date of presentation.
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https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=1&SID=76a5cfe9df912636
2a4eeea1c3a3ad28&ty=HTML&h=L&n=12y2.0.
1.1.6&r=PART#ap12.2.205_120.1
Regulation E implements the Electronic Funds Transfer Act (EFTA) of 1978, a federal consumer protection
law. It contains specific requirements you, an account-holding financial institution, must follow with respect to
electronic transactions to a consumer account. Compliance with Regulation E is not dependent on your ability
to submit a dispute or chargeback under Mastercard or Visa rules, or on the success of any such chargeback
attempt. Compliance is confirmed by federal and state examiners, and often auditors hired by you.
Mastercard® and Visa® rules are inherent provisions of a contract between Mastercard or Visa and its
members, both financial institutions and processors. When you issue a card with the Mastercard or Visa brand,
you agree to follow their rules. Compliance with the rules is not confirmed by any governing body on a regular
basis, but complaints are investigated for possible violations. Mastercard and Visa rules applicable to managing
the cardholder relationship apply to all cardholders and aren’t limited to only consumer accountholders. In
some situations you’ll have the right to submit a chargeback even though Regulation E isn’t applicable.
Cardholder notice and chargeback filing timeframes
Regulation E Visa Mastercard Error resolution procedures, Section 11, apply if cardholder notifies issuer within 60 calendar days of statement being sent
Issuer must file the Visa Claims Resolution dispute within 75 or 120 calendar days; requirements vary by condition code
Issuer must file the Mastercard dispute (chargeback) within 90 or 120 calendar days; requirements vary by reason code
Provisional credit requirements
Regulation E Visa Mastercard
Applies only if unable to complete investigation within 10 business days of notice
Extends to 20 business days if account open fewer than 30 days
May be withheld if written confirmation of error not received
Visa debit, except for ATM cash disbursements - “Within 5 business days of
notification of an unauthorized transaction unless the issuer determines that additional investigation is warranted and allowed by applicable laws or regulations”
No stated requirement or rule
Cardholder Liability Amounts
Regulation E* Visa Mastercard
Zero liability
Except “…if the issuer reasonably determines, based on substantial evidence, that the cardholder was fraudulent or negligent in the handling of the account or the card.”
Corporate and purchasing cards are exempt
“An issuer must not hold a cardholder liable for a transaction that was not authorized by the cardholder if the cardholder exercised reasonable care in safeguarding the card from risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to the Issuer.”
Applies to small business and consumer cards
Exception for commercial cards
*Comptroller’s Handbook, Consumer Compliance, Electronic Fund Transfer Act