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For many consumers, electronic
banking means 24-hour access to cash through an automated teller
machine (ATM) or Direct Deposit of paychecks into checking or
savings accounts. But electronic banking now involves many
different types of transactions.
Electronic banking, also known as
electronic fund transfer (EFT), uses computer and electronic
technology as a substitute for checks and other paper
transactions. EFTs are initiated through devices like cards or
codes that let you, or those you authorize, access your account.
Many financial institutions use ATM or debit cards and Personal
Identification Numbers (PINs) for this purpose. Some use other
forms of debit cards such as those that require, at the most,
your signature or a scan. The federal Electronic Fund Transfer
Act (EFT Act) covers some electronic consumer transactions.
Electronic Fund Transfers
EFT offers several services that consumers may find practical:
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Automated Teller Machines or
24-hour Tellers are electronic terminals that let you bank
almost any time. To withdraw cash, make deposits, or
transfer funds between accounts, you generally insert an ATM
card and enter your PIN. Some financial institutions and ATM
owners charge a fee, particularly to consumers who don't
have accounts with them or on transactions at remote
locations. Generally, ATMs must tell you they charge a fee
and its amount on or at the terminal screen before you
complete the transaction. Check the rules of your
institution and ATMs you use to find out when or whether a
fee is charged.
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Direct Deposit lets you
authorize specific deposits, such as paychecks and Social
Security checks, to your account on a regular basis. You
also may pre-authorize direct withdrawals so that recurring
bills, such as insurance premiums, mortgages, and utility
bills, are paid automatically.
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Pay-by-Phone Systems let you
call your financial institution with instructions to pay
certain bills or to transfer funds between accounts. You
must have an agreement with the institution to make such
transfers.
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Personal Computer Banking lets
you handle many banking transactions via your personal
computer. For instance, you may use your computer to view
your account balance, request transfers between accounts,
and pay bills electronically.
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Point-of-Sale Transfers let
you pay for purchases with a debit card, which also may be
your ATM card. The process is similar to using a credit
card, with some important exceptions. While the process is
fast and easy, a debit card purchase transfers money -
fairly quickly - from your bank account to the store's
account. So it's important that you have funds in your
account to cover your purchase. This means you need to keep
accurate records of the dates and amounts of your debit card
purchases and ATM withdrawals in addition to any checks you
write. Your liability for unauthorized use, and your rights
for error resolution, may differ with a debit card.
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Electronic Check Conversion
converts a paper check into an electronic payment at the
point of sale or elsewhere, such as when a company receives
your check in the mail. In a store, when you give your check
to a store cashier, the check is processed through an
electronic system that captures your banking information and
the amount of the check. Once the check is processed, you're
asked to sign a receipt authorizing the merchant to present
the check to your bank electronically and deposit the funds
into the merchant's account. You get a receipt of the
electronic transaction for your records. When your check has
been processed and returned to you by the merchant, it
should be voided or marked by the merchant so that it can't
be used again. In the mail-in situation, you should still
receive advance notice from a company that expects to
process your check electronically.
Be especially careful in
telephone transactions, which also could involve e-checks. A
legitimate merchant should explain the process and answer any
questions you may have. The merchant also should ask for your
permission to debit your account for the item you're purchasing
or paying on. However, because telephone e-checks don't occur
face-to-face, you should be cautious with whom you reveal your
bank or checking account information. Don't give this
information to sellers with whom you have no prior experience or
with whom you have not initiated the call, or to sellers who
seem reluctant to discuss the process with you.
Not all electronic fund transfers
are covered by the EFT Act. For example, some financial
institutions and merchants issue cards with cash value stored
electronically on the card itself. Examples include prepaid
telephone cards, mass transit passes, and some gift cards. These
"stored-value" cards, as well as transactions using
them, may not be covered by the EFT Act. This means you may not
be covered for the loss or misuse of the card. Ask your
financial institution or merchant about any protections offered
for these cards.
Disclosures
To understand your legal rights and responsibilities
regarding your EFT account, read the documents you receive from
the financial institution that issued your "access
device." That is, a card, code or other means of accessing
your account to initiate electronic fund transfers. Although the
means varies by institution, it often involves a card and/or a
PIN. No one should know your PIN except you and select employees
of the financial institution.
Before you contract for EFT
services or make your first electronic transfer, the institution
must tell you the following information in a form you can keep.
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A summary of your liability
for unauthorized transfers.
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The telephone number and
address of the person to be notified if you think an
unauthorized transfer has been or may be made, a statement
of the institution's "business days" (which is,
generally, the days the institution is open to the public
for normal business), and the number of days you have to
report suspected unauthorized transfers.
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The type of transfers you can
make, fees for transfers, and any limits on the frequency
and dollar amount of transfers.
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A summary of your right to
receive documentation of transfers, to stop payment on a
pre-authorized transfer, and the procedures to follow to
stop payment.
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A notice describing the
procedures you must follow to report an error on a receipt
for an EFT or your periodic statement, to request more
information about a transfer listed on your statement, and
how long you have to make your report.
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A summary of the institution's
liability to you if it fails to make or stop certain
transactions.
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Circumstances under which the
institution will disclose information to third parties
concerning your account.
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A notice that you may be
charged a fee by ATMs where you don't have an account.
In addition to these disclosures,
you will receive two other types of information for most
transactions: terminal receipts and periodic statements.
Separate rules apply to passbook accounts from which
pre-authorized transfers are drawn. The best source of
information about those rules is your contract with the
financial institution for that account. You're entitled to a
terminal receipt each time you initiate an electronic transfer,
whether you use an ATM or make a point-of-sale electronic
transfer. The receipt must show the amount and date of the
transfer, and its type, such as "from savings to
checking." When you make a point-of-sale transfer, you'll
probably get your terminal receipt from the salesperson.
You won't get a terminal receipt
for regularly occurring electronic payments that you've
pre-authorized, like insurance premiums, mortgages, or utility
bills. Instead, these transfers will appear on your periodic
statement. If the pre-authorized payments vary, however, you
should receive a notice of the amount that will be debited at
least 10 days before the debit takes place.
You're also entitled to a
periodic statement for each statement cycle in which an
electronic transfer is made. The statement must show the amount
of any transfer, the date it was credited or debited to your
account, the type of transfer and type of account(s) to or from
which funds were transferred, and the address and telephone
number for inquiries. You're entitled to a quarterly statement
whether or not electronic transfers were made.
Keep and compare your EFT
receipts with your periodic statements the same way you compare
your credit card receipts with your monthly credit card
statement. This will help you make the best use of your rights
under federal law to dispute errors and avoid liability for
unauthorized transfers.
Errors
You have 60 days from the date a periodic statement
containing a problem or error was sent to you to notify your
financial institution. The best way to protect yourself if an
error occurs - including erroneous charges or withdrawals from
an account, or for a lost or stolen ATM or debit card - is to
notify the financial institution by certified letter, return
receipt requested, so you can prove that the institution
received your letter. Keep a copy of the letter for your
records.
If you fail to notify the
institution of the error within 60 days, you may have little
recourse. Under federal law, the institution has no obligation
to conduct an investigation if you've missed the 60-day
deadline.
Once you've notified the
financial institution about an error on your statement, it has
10 business days to investigate. The institution must tell you
the results of its investigation within three business days
after completing it and must correct an error within one
business day after determining that the error has occurred. If
the institution needs more time, it may take up to 45 days, in
most situations, to complete the investigation - but only if the
money in dispute is returned to your account and you're notified
promptly of the credit. At the end of the investigation, if no
error has been found, the institution may take the money back if
it sends you a written explanation.
An error also may occur in
connection with a point-of-sale purchase with a debit card. For
example, an oil company might give you a debit card that lets
you pay for gas purchases directly from your bank account. Or
you may have a debit card that can be used for various types of
retail purchases. These purchases will appear on your periodic
statement from the bank. In case of an error on your account,
however, you should contact the card issuer (for example, an oil
company or a bank) at the address or phone number provided by
the company. Once you've notified the company about the error,
it has 10 business days to investigate and tell you the results.
In this situation, it may take up to 90 days to complete an
investigation. If no error is found at the end of the
investigation, the institution may take back the money if it
sends you a written explanation.
Lost or Stolen ATM or Debit
Cards
If your credit card is lost or stolen, you can't lose more
than $50. If someone uses your ATM or debit card without your
permission, you can lose much more.
If you report an ATM or debit
card missing to the card issuer before it's used without your
permission, you can't be held responsible for any unauthorized
withdrawals.
If unauthorized use occurs before
you report it, the amount you can be held responsible for
depends upon how quickly you report the loss to the card issuer.
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If you report the loss within
two business days after you realize your card is missing,
you won't be responsible for more than $50 for unauthorized
use.
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If you fail to report the loss
within two business days after you realize the card is
missing, but do report its loss within 60 days after your
statement is mailed to you, you could lose as much as $500
because of an unauthorized transfer.
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If you fail to report an
unauthorized transfer within 60 days after your statement is
mailed to you, you risk unlimited loss. That means you could
lose all the money in your account and the unused portion of
your maximum line of credit established for overdrafts.
If you failed to notify the
institution within the time periods allowed because of an
extenuating circumstance, such as lengthy travel or illness, the
issuer must reasonably extend the notification period. In
addition, if state law or your contract imposes lower liability
limits, those lower limits apply instead of the limits in the
federal EFT Act.
Once you report the loss or theft
of your ATM or debit card, you're no longer responsible for
additional unauthorized transfers occurring after that time.
Because these unauthorized transfers may appear on your
statements, however, you should carefully review each statement
you receive after you've reported the loss or theft. If the
statement shows transfers that you did not make or that you need
more information about, contact the institution immediately,
using the special procedures provided for reporting errors.
Limited Stop-Payment
Privileges
When you use an electronic fund transfer, the EFT Act does
not give you the right to stop payment. If your purchase is
defective or your order is not delivered, it's as if you paid
cash. That is, it's up to you to resolve the problem with the
seller and get your money back.
There is one situation, however,
when you can stop payment. If you've arranged for regular
payments out of your account to third parties, such as insurance
companies, you can stop payment if you notify your institution
at least three business days before the scheduled transfer. The
notice may be oral or written, but the institution may require a
written follow-up within 14 days of the oral notice. If you fail
to provide the written follow-up, the institution's
responsibility to stop payment ends.
Although federal law provides
only limited rights to stop payment, individual financial
institutions may offer more rights or state laws may require
them. If this feature is important to you, you may want to shop
around to be sure you're getting the best
"stop-payment" terms available.
Other Rights
The EFT Act protects your right of choice in two specific
situations regarding use of electronic fund transfers: First,
the Act prohibits financial institutions from requiring you to
repay a loan by electronic transfer. Second, if you're required
to receive your salary or government benefit check by EFT, you
have the right to choose your institution.
Suggestions
If you decide to use EFT, keep these tips in mind:
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Take care of your ATM or debit
card. Know where it is at all times; if you lose it, report
it as soon as possible.
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Choose a PIN for your ATM or
debit card that's different from your address, telephone
number, Social Security number, or birthdate. This will make
it more difficult for a thief to use your card.
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Keep and compare your receipts
for all types of EFT transactions with your periodic
statements. That way, you can find errors or unauthorized
transfers and report them.
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Make sure you know and trust a
merchant before you share any bank account information or
pre-authorize debits to your account. Be aware that some
merchants use electronic processing of your check if you
sign a receipt authorizing the transaction.
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