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FRB: Press Release--Proposed amendments to Regulation E, Electronic Fund Transfers, and its commentary--September 13, 2004

Release Date: September 13, 2004

For immediate release
The Federal Reserve Board on Monday requested public comment on proposed amendments
to Regulation E, which implements the Electronic Fund Transfer Act, and the regulation's
official staff commentary. The proposed revisions to the regulation would provide guidance
regarding the rights, liabilities, and responsibilities of parties engaged in electronic check
conversion transactions and would provide that payroll card accounts are "accounts"
covered by Regulation E.
Among the proposed changes, persons, such as merchants and other payees, that use
information from a check to initiate an electronic fund transfer from a consumer's account,
would be required to provide notice to the consumer for each electronic fund transfer and
obtain the consumer's authorization for the transaction. Currently, merchants and other
payees that engage in electronic check conversion transactions are not covered by
Regulation E.
In addition, the regulation would be revised to provide that payroll card accounts that are
established either directly or indirectly by an employer on behalf of a consumer for the
purpose of providing salary, wages, or other employee compensation on a recurring basis are
covered by Regulation E. A payroll card account would be subject to the regulation whether
the account is operated or managed by the employer, a third-party payroll processor, or a
depository institution.
Proposed commentary revisions would provide guidance on preauthorized electronic
transfers from a consumer's account, additional electronic check conversion issues, error
resolution, and other matters.
The Board's Federal Register notice is attached. Comments are due November 19, 2004.
Attachment (239 KB PDF)
2004 Banking and consumer regulatory policy
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