§1005.5. Issuance of access devices.
12 C.F.R. § 1005.5
Solicited issuance. Except as provided in paragraph (b) of this section, a financial institution may issue an access device to a consumer only:
In response to an oral or written request for the device; or
As a renewal of, or in substitution for, an accepted access device whether issued by the institution or a successor.
Unsolicited issuance. A financial institution may distribute an access device to a consumer on an unsolicited basis if the access device is:
Not validated, meaning that the institution has not yet performed all the procedures that would enable a consumer to initiate an electronic fund transfer using the access device;
Accompanied by a clear explanation that the access device is not validated and how the consumer may dispose of it if validation is not desired;
Accompanied by the disclosures required by § 1005.7, of the consumer's rights and liabilities that will apply if the access device is validated; and
Validated only in response to the consumer's oral or written request for validation, after the institution has verified the consumer's identity by a reasonable means.
Notes, amendments, and revision history
Authority
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1693b. Subpart B is also issued under 12 U.S.C. 5601 and 15 U.S.C. 1693o-1.
Source
Source: 76 FR 81023, Dec. 27, 2011, unless otherwise noted.