Financial Planning: The Three Banking Regulations / Laws That You Should Know
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Ah, the convoluted rules by which banks require us to live. This is the stuff that truly inspires excitement — about as much excitement as watching another re-run of Everybody Loves Raymond.
Taking the fun factor aside, here are three common banking regulations that you will come across every day, which you should know just a little bit more about. Why? Because if you accidentally run afoul one of them, it will cost you in fees and headaches. Staying on top of them is simply good financial planning.
Federal Regulation D - a.k.a. Federal Limit on Electronic Transfer
This little bugger limits the number of electronic transactions on savings and money market accounts to six outgoing transfers per month, per account.
What qualifies as an electronic transfer?
- Online, overdraft, telephone and preauthorized transfers
- Checks clearing each month from any savings or any money market account.
- Faxes, ACH Debits, money market checks.
Basically, these include most type of transactions where you’re not present. While that might limit you, you can still make an unlimited number of transfers through these methods:
- Mail, ATM, and good old-fashioned in-person visit sto the branch
The bottom line is to keep Federal Regulation D in mind when you move money from your savings account to other accounts — especially those utilizing high-yield online savings accounts. In many instances, it’s not a physical limit; thus, you may actually exceed the six outgoing transfer limit unintentionally and have your account suspended, closed, or tackled with fees. Ack!
Check 21 - a.k.a. Check Clearing for the 21st Century Act
Enacted in Oct 28 of 2003 and thrown into effect on Oct 28 of 2004, this psuedo-complicated regulation allows paper check recipients (i.e., banks) to create digital versions, eliminating the need for the recipient to keep the actual paper check. The whole point is to create a more efficient check truncation.
How does it affect you?
- You probably already know from experience that this means you won’t be able to get your original paper checks back, because your banks aren’t keeping them any more.
- Contrary to what some banks claim, checks you write will generally clear faster than before. The funny part is that banks aren’t required to speed up the time they make your check funds available to you from the time you deposit. The lesson here is: don’t write checks unless the funds are already in your account.
- If you need to have checks back, you can request substitute checks from your bank for a fee. You should shop around to find a reasonable fee on substitute checks.
- In the case of an error where a check was paid twice or with an incorrect amount, you can request a “re-credit” to your account within 10 days and receive a refund of up to $2,500.
If you don’t write a lot of checks, Check 21 probably hasn’t affected you much. If you still write a lot of checks for various amounts to numerous payees, you really should examine your bank’s Check 21 process, and request substitute checks for the added protection in the case of a banking error. The last thing anyone would want is to find a non-sufficient fund fee on their account statement!
Want to read more about Check 21? Oh we know you do. Find out more at Consumer Union: How New Electronic Check Law Affects Consumer
EFT Act - a.k.a. the Electronic Funds Transfer Act
Implemented way back in 1978 (and probably in need of some amendment), this law establishes the rights and liabilities of the consumer, as well as the responsibilities of all participants in EFT activities (including financial institutions).
What falls under electronic fund transfers?
- ATM and POS (point of sale) transactions, like using your debit or check card at the grocery store.
- Telephone transfers and preauthorized transfers — in other words, whenever you tell your bank to make some type of automatic transfers for you. Monthly direct deposits and monthly mortgage payments all count.
What happens when there’s an error? (New: Does all that financial planning go to waste? Not necessarily…)
- Report the error no later than 60 days from the date of the statement containing the error (write or call).
- The financial institution must promptly investigate the error and resolve it in 45 days. Errors involving new accounts, POS and foreign transactions may take up to 90 days.
- If it takes longer than 10 days for the investigation to resolve, the financial institution must re-credit the amount in question while it finishes its investigation.
- The financial institution must report the result of the investigation to you and correct the error (make the re-credit final) or in the case when there is no error, explain to you in writing and inform you of any amount deducted from the re-credit.
Lost or Theft of ATM/Debit Card?
- Your loss is limited to $50 if you notify the financial institution within 2 business days.
- Loss may be up to $500 if you don’t notify the institution within 2 business days.
- If loss is not reported within 60 business days, the liability could be unlimited.
Your liability under federal law for the use of your ATM or debit card depends on how quickly you report the loss — an often-mention difference between debit and credit cards.
For credit cards, under the Fair Credit Billing Act, your maximum liability for unauthorized charges is $50. If you report the card lost before it’s used, you cannot be held responsible for any unauthorized charges. If the loss involves your credit card number but not the actual card itself, you have no liability for unauthorized use.
On the flip side, debit/check cards generally have additional protections with them from the bank that issued them (e.g. Bank of America’s Zero Liability Protection), or the zero liability that comes with a VISA and MasterCard check card. Of course, credit cards usually have these additional protections too (even if they don’t need them).
To read more about EFT, check out the Electronic Fund Transfer FAQ at Lawyers.com. You’ll be able to better differentiate the types of transactions that fall under electronic transfer, and see more example of how the act may affect consumers.
Banking Regulations Check-List
- Check if you ever got dinged for any type of fees that may involve one of these regulations, such as an insufficient fund fee or an over-transfer-limit fee.
- If you’ve received such a fee, read up on the regulations above so you can be better informed on why they hit you with it.
- If this was your first time hit with these fees, call your financial institution and explain to them that you were unaware of such regulations, and ask them politely to waive the fee out of courtesy for you, their important customer.
- If you use debit cards frequently, make sure you understand the EFT Act — because if your card was lost, stolen, or used without authorization, you have a limited set time frame to report these problems. If you neglect to report the lost or theft of your card, after 60 business days, your liability could be unlimited!
Further Reading on Financial Planning
Budget Software and Tracking
Personal Budget Management
Expense Tracking and Planner
Personal Expense Management & Software
Create a Personal Budget Online
Organize your financial life.
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Very interesting. I work with a group called the Merchants Payments Coalition so I try to keep up on banking regulations — but these I confess I didn’t know about. Why is there a federal limit on me moving my own money? That’s pretty infuriating.
While the federal regulations are annoying, the banks and their payment cards come with some pretty maddening fees as well. Speaking to my experience from the merchant perspective, there’s always the pesky (and ever-rising) Interchange fee. And while it may be a merchant issue first and foremost, consumers still pay it in the form of higher prices — whether they use credit cards or not. That’s one you can’t actually do anything about, but it’s still worth being aware. Knowing is, as cartoons taught me, half the battle.
[...] Mint has a couple other banking regulations you should know about, including Check 21 and reporting bank [...]
A little misleading: Federal Regulation D - aka Federal Limit on Electronic Transfer limit refers to transfers OUT of your account (aka withdrawals), NOT deposits.
Starble: Definitely a bit annoying but I believe it has to do with the fact that banks have to establish a certain amount of monetary reserve… just in case they go under. The amount held depends on the mix of deposit and two general types of accounts, transactional or non-transactional accounts. Basically, savings, money market, certificates, etc. are non-transactional accounts.
But you definitely nail it on the head for CC processing fees… I remember shopping till my face turns blue for my merchant account just to find the best rate for my processing volume.
P.S. Go GI-Joe!
Patrick: You are definitely right, I re-read what was written and it does come off sounding like all types of transfer counts within the six-transfer limit. Will amend it to mention outgoing transfers only. Thanks for the notice!
I am in the middle of a nightmare with Wells Fargo Bank! I opened an account there six weeks ago and was told another one of their customers in another state was using my social security number. I asked the bank to take my number off his account. Their response, “Well, we can’t just do that because he is an excellent customer who has been with the bank for many years.” What does that have to do with the fact he’s using my social security number?? I talked to bank officers at three branches, showed them my social security card, passport and driver’s license, called their 800 customer service line and email them. The response: wait three months for their legal department to make a decision. Three months! Meanwhile, six weeks later, this customer of Wells Fargo continues to enjoy their services using my social security number. I am outraged! And, to boot all, I was told to file a complaint by logging on to my account online and use their secure customer service email. But they won’t let me use my account online because I don’t have a social security number in their system because they are letting another customer use it illegally!! Go figure….
This along with some of the comments prompted me to go to my broker - here are further clarifying points…:
Checking accounts are specified as a transaction account and do not have limited transactions per Regulation D. Savings accounts and money market accounts are subject to these transaction limitations. Brokerage accounts that CONTAIN money market funds are similarly not subject to banking regulations such as Reg D.
Maybe you should get a new SSN from the Social Security Administration.
at a closing of a co-op, the purchaser gave the payoff bank a Chase certified check in the amount of $284K. The check was overnighted to the payoff bank who lost it. Ask the purchaser to go back to Chase for a replacement check. Chase says pay a 2% surety fee or wait 90 days. Nobody wanted to pay and now the 90 days have past and still no replacement check. Purchaser isn’t in a helpful mood. I gus she figures she has her apartment and that’s it. Chase isn’t returning phone calls, what can we do about this? Chase must be making a fortune on the interest alone by not cashing this check.
I have an big issue with a bank that took a balance of 8785.00 out of my account and returned the check that it was to cover for a oil & gas business deal. They say the federal reserved had the money because they couldn’t read the banking information to the payee. The money was held for 3 months before I found out the check was not paid. So of course it didn’t take but 7 days to put the money back into my account. But by the time all this happened I was being sued for the royalty I bought and also for the Money. I had already sold the royalty and now have to repay the people I sold the royalty to and have lost my reputation for doing business in this area. So this error by the bank is going to cost me at least $150,000. Can anyone tell me what your suggestion would be to take action against this bank.