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Federal regulations · Through 2026-08-25 · Newer source version available

12 CFR 1005.5: Issuance of access devices.

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Where this section sits in the code
  1. Title 12—Banks and Banking
  2. CHAPTER X—CONSUMER FINANCIAL PROTECTION BUREAU
  3. PART 1005—ELECTRONIC FUND TRANSFERS (REGULATION E)
  4. Subpart A—General

(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 § 1005.7, 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.

Collected 2026-08-27T02:24:16Z. Source file · JSON

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