ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

ABA Regulatory Policy and Compliance Inbox: Account error resolution requirements

Discerning special exceptions under Regulation E and demographic information requirements under Regulation B.

April 23, 2025
Reading Time: 3 mins read
Jackson recognized with Distinguished Service Award

By Leslie Callaway, CRCM, CAFP

Q/ Are there any special exceptions regarding the error resolution requirements under §1005.11 of Regulation E (Electronic Fund Transfer Act) for an account that was closed for fraud while the claim was under investigation? Is provisional credit required?

A/ The regulation provides no exception for closed or blocked accounts: Under §1005.11, banks must provide provisional credit within business 10 days of a timely claim if they cannot resolve the dispute within that period. Customers must have full use of the funds during the investigation. The bank must also notify the customer that the account has been provisionally credited. (§1005.11(c)(2)(ii).)

One approach is to reopen the account, which, because the bank must give full use of the provisionally credited funds, presents risks, especially for an account that has been closed for fraud, as the customer is likely to withdraw the provisionally credited funds before the investigation is complete. In addition, you should check with your bank’s legal counsel about any contractual or other legal or issues in re-opening a closed account.

Another approach is to mail a check to the customer, but that is even riskier than re-opening the account in the event the claim is denied. The customer is unlikely to return the money.

In any event, if the claim is denied and the customer does not return the provisionally credited money, the bank could follow its usual reporting and collection procedures for delinquent deposit accounts. (Response provided December 2024.)

Q/ My bank offers a prequalification program — not a preapproval program — which under Regulation B (Equal Credit Opportunity Act) is similar to an inquiry and not considered an application for credit unless the bank denies the request. Thus, if the bank denies a request for a prequalification, the bank has denied an application for credit and must provide an adverse action notice. (Commentary at §1002.2(f)-3))

In addition, under §1002.13(a)(1), a “creditor that receives an application for credit primarily for the purchase or refinancing of a dwelling occupied or to be occupied by the applicant as a principal residence, where the extension of credit will be secured by the dwelling, shall request as part of the application” the applicant’s ethnicity, race, sex, marital status and age.

If the bank has a denied prequalification, which is considered an application, must it obtain the demographic information from the applicant?

A/ No. A declined prequalification is only an application for adverse action purposes — not for demographic data purposes.

Comment 3 to §1002.2(f) states, “However, if in giving information to the consumer the creditor also evaluates information about the consumer, decides to decline the request, and communicates this to the consumer, the creditor has treated the inquiry or prequalification request as an application and must then comply with the notification requirements under §1002.9” (emphasis added).

The argument is that if the regulation intended to treat denied pre-qualifications as “applications” under all provisions or any other specific provision, such as the collection of demographic information, it would have stated so and not called out one provision, the adverse action provision.

In addition, this conclusion makes sense because collecting customer demographics at the time of the prequalification request would be illegal, as there is no credit application, and collecting the data after declination would be impossible.

(Note that under the Home Mortgage Disclosure Act, denied pre-qualifications need not be reported. Only “formal” applications, like those submitted through a preapproval program, need be reported.) (Response provided December 2024.)

Answers are provided by ABA Regulatory Policy and Compliance team member Leslie T. Callaway, CRCM, CAFP, senior director, compliance outreach and development. Answers do not provide, nor are they substitutes for, professional legal services.

Tags: AccountsChecking accounts
ShareTweetPin

Related Posts

Predicting what is ahead for banks

Compliance and Risk
January 21, 2026

Bankers face challenges and opportunities in multiple key areas.

ABA unveils key policy priorities for 2025

ABA releases top policy priorities for 2026

Community Banking
January 20, 2026

ABA released its 2026 Blueprint for Growth, outlining its top policy priorities for the year ahead. Developed by ABA’s Government Relations Council, the Blueprint will shape the association’s ongoing engagement with Congress and the administration on the most...

State legislatures enter their busy season

State legislatures enter their busy season

Policy
January 20, 2026

Bank advocates expect 2026 to be a hectic year for state legislation, with possible bills on interchange fees, fraud, AI and more. 

OCC’s Gould: Bank regulation should not distract banks from business challenges

Gould suggests easing bank resolution planning requirements

Compliance and Risk
January 16, 2026

Comptroller of the Currency Jonathan Gould said he sees no benefit in the FDIC continuing to require filings from large banks that detail their suggested orderly resolution in case of a bank failure, known as CIDI plans. He...

Podcast: A Lone Star banking perspective

Podcast: A Lone Star banking perspective

ABA Banking Journal Podcast
January 15, 2026

If Texas were an independent country, its economy would rank as the world's eighth-largest. "France is seventh, and I don't think it'll take as much time at all to catch them," laughs TBA Chairman Ron Butler.

FHFA to create affordable housing advisory committee

HUD proposes to remove disparate impact from Fair Housing Act rule

Compliance and Risk
January 14, 2026

The Department of Housing and Urban Development is proposing to rescind three rules allowing the use of disparate impact in determining Fair Housing Act violations.

NEWSBYTES

Trump directs agencies to restrict housing ownership by large investment firms

January 21, 2026

ABA offers recommendations for implementation of new ag lender tax benefit

January 20, 2026

High Plains in Colorado to buy First National Bank of Hugo

January 20, 2026

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: A Lone Star banking perspective

January 15, 2026

Podcast: The incredible shrinking penny (circulation)

January 8, 2026

Podcast: Cybersecurity in a mobile-first banking landscape

December 18, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.