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.
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