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Notes

§205.5. Issuance of access devices.

12 C.F.R. § 205.5

(a)
Solicited issuance. Except as provided in paragraph (b) of this section, a financial institution may issue an access device to a consumer only:
(1)
In response to an oral or written request for the device; or
(2)
As a renewal of, or in substitution for, an accepted access device whether issued by the institution or a successor.
(b)
Unsolicited issuance. A financial institution may distribute an access device to a consumer on an unsolicited basis if the access device is:
(1)
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;
(2)
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;
(3)
Accompanied by the disclosures required by § 205.7, of the consumer's rights and liabilities that will apply if the access device is validated; and
(4)
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: 15 U.S.C. 1693b.

Source

Source: Reg. E, 61 FR 19669, May 2, 1996, unless otherwise noted.