Guide · Consumer Protection

Consumer Banking and Payments: A Comprehensive Guide to Accounts, Holds, Overdrafts, and Error Resolution

31 U.S.C. § 5318

Type
Guide
Jurisdiction
National
Date
2023-10-21
Topic
Consumer Protection

This guide covers consumer banking and payments from account opening through dispute resolution. Part 1 sets out what a financial institution may and may not do to a consumer account, and Part 2 covers the electronic fund transfer error resolution procedure, which is the only consumer tool that creates a legal deadline. Parts 3 and 4 cover unauthorized transfer liability, the distinction between an unauthorized transfer and an authorized payment the consumer regrets, and the stronger credit card billing error regime. Parts 5 and 6 cover funds availability, holds, overdraft practices, and setoff. Parts 7 and 8 cover exempt funds, garnishment, and deposit account screening, which together determine whether a household can keep its money and open an account at all. Part 9 covers the anti-money-laundering framework that explains unexplained closures, and Parts 10 through 12 cover preemption, arbitration, and business accounts. Parts 13 and 14 rank the complaint routes that actually work and collect the errors that recur on both sides.

Consumer Banking and Payments: A Comprehensive Guide to Accounts, Holds, Overdrafts, and Error Resolution

Consumer Protection > Banking and Payments | Published 21 October 2023 - Updated 13 February 2025 | UpLaw - uplaw.us

Consumer banking law is almost entirely procedural. There is very little substantive right to a bank account, to an explanation, or to a particular fee structure — and a great deal of enforceable right to notices, investigations, and deadlines. A consumer who uses the procedures gets materially different outcomes from one who calls customer service and waits.

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