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Discussion Paper
Credit, debit, or ACH: consequences & liabilities a comparison of the differences in consumer liabilities
A number of recent initiatives have encouraged use of debit cards and ACH debits/credits for Internet sales transactions. This paper outlines the different statutory and regulatory protections available to consumers and financial institution based upon the method by which payment is made.
Journal Article
Electronic bill payment and presentment: a primer
Electronic bill payment and presentment (EBPP) services are a core component of many financial institutions' on-line banking offerings. This paper discusses the laws (state and federal), regulations, and regulatory guidance generally applicable to EBPP services offered through financial institutions. Particular emphasis is given to (i) the Electronic Fund Transfer Act and Regulation E (including provisions relevant to dispute resolution, liability for unauthorized transactions, and electronic disclosure) and (ii) regulatory guidance with respect to outsourcing arrangements in connection with ...
Discussion Paper
Financial account aggregation: the liability perspective
This article describes financial account aggregation and explores potential financial risks to the consumer and account holding financial institutions from aggregation. The current state of the law and contractual relationships relevant to such risks are analyzed. These risks include, theoretically, an increase in the incidence of unauthorized transactions due to the concentration of information (including consumer user/IDs and passwords) and losses to the consumer as a result of reliance upon bad or old account data. ; The following conclusions are reached under the law as it is today: (1) ...