Question of the Week

Posted: Sep 1, 2022 | Author: Cornerstone Compliance Team

compliance consumer negligence Reg E

Question: Under Reg E, if a member writes their PIN on the back of the card, can we use that negligence to deny a dispute?

Answer: No. To quote Commentary to Reg E:

“Consumer negligence. 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.”