C.F.R. » Title 12 » CHAPTER X—CONSUMER FINANCIAL PROTECTION BUREAU › PART 1005—ELECTRONIC FUND TRANSFERS (REGULATION E) › Subpart A—General

12 C.F.R. § 1005.4

General disclosure requirements; jointly offered services

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(a)(1) Form of disclosures. Disclosures required under this part shall be clear and readily understandable, in writing, and in a form the consumer may keep, except as otherwise provided in this part. The disclosures required by this part may be provided to the consumer in electronic form, subject to compliance with the consumer-consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). A financial institution may use commonly accepted or readily understandable abbreviations in complying with the disclosure requirements of this part.

(2) Foreign language disclosures. Disclosures required under this part may be made in a language other than English, provided that the disclosures are made available in English upon the consumer's request.

(b) Additional information; disclosures required by other laws. A financial institution may include additional information and may combine disclosures required by other laws (such as the Truth in Lending Act (15 U.S.C. 1601 et seq.) or the Truth in Savings Act (12 U.S.C. 4301 et seq.) with the disclosures required by this part.

(c) Multiple accounts and account holders—(1) Multiple accounts. A financial institution may combine the required disclosures into a single statement for a consumer who holds more than one account at the institution.

(2) Multiple account holders. For joint accounts held by two or more consumers, a financial institution need provide only one set of the required disclosures and may provide them to any of the account holders.

(d) Services offered jointly. Financial institutions that provide electronic fund transfer services jointly may contract among themselves to comply with the requirements that this part imposes on any or all of them. An institution need make only the disclosures required by §§ 1005.7 and 1005.8 that are within its knowledge and within the purview of its relationship with the consumer for whom it holds an account.

Notes of Decisions
Cited in 16 cases (14 in the last 5 years), 2018–2026 · leading case: Carol Tims v. LGE Cmty. Credit Union, 935 F.3d 1228 (11th Cir. 2019).
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Carol Tims v. LGE Cmty. Credit Union, 935 F.3d 1228 (11th Cir. 2019). “12 C.F.R. § 1005.4 (a)(1). It is also plausible that Tims had no reasonable opportunity to affirmatively consent to LGE's overdraft services.”
Rita Grenier & Edwin Grenier, Individually & on Behalf of All Others Similarly Situated v. P Granite State Credit Union, Does 1 through 5, 2021 DNH 172 (D.N.H. 2021). · cites it 3× “” 12 C.F.R. § 1005.4 (a)(1). Issues occur when a disclosure does not adequately convey how overdraft fees are assessed.”
Villalobos (D. Kan. 2026). · cites it 4× “See 12 C.F.R. §§ 1005.4 (1)(1), 1005.17(b)(1)(i).”
Rita Grenier & Edwin Grenier, Individually & on Behalf of All Others Similarly Situated v. P Granite State Credit Union, Does 1 through 5, 2023 DNH 090 (D.N.H. 2023). “” See 12 C.F.R. § 1005.4 (1)(1); 1005.17(b)(1)(i).”
Grenier v. Granite State Credit Union (D.N.H. 2021). · cites it 3× “” 12 C.F.R. § 1005.4 (a)(1). Issues occur when a disclosure does not adequately convey how overdraft fees are assessed.”
Fludd v. South State Bank (D.S.C. 2021). · cites it 3× “¶ 43); 12 C.F.R. § 1005.4 (a)(1). In South State’s case, its Opt-in Agreement indicates that an overdraft “occurs when you do not have enough money in your account to cover a transaction, but we pay it anyway.”
Adams v. Liberty Bank (D. Conn. 2021). · cites it 2× “” This language is far from unambiguous – or “clear and readily understandable,” 12 C.F.R. § 1005.4 – because it does not clearly convey that Liberty will charge overdraft fees when a transaction would cause an “available” balance overdraft but not an “actual” balance overdraft.”
Cheng v. HSBC Bank USA, N.A. (E.D.N.Y 2021). · cites it 2× “The EFTA and its implementing regulations require financial institutions to disclose the terms and conditions of electronic fund transfers in “clear and readily understandable” language, 12 C.F.R. § 1005.4 (a)(1); 15 U.S.C. § 1693c(a), and disclose “any charges for electronic…”
Gahm (D. Minnesota 2026). · cites it 2× “12 C.F.R. § 1005.4 (a)(1); see, e.g., Tims, 935 F.”
Salls v. Digit. Fed. Credit Union (D. Mass. 2018). “” 12 C.F.R. § 1005.4 (a)(1). Defendant’s Opt In Agreement states that “[a]n overdraft occurs when you do not have enough money in your account to cover a transaction.”
Grenier v. Granite State Credit Union (D.N.H. 2023). “” See 12 C.F.R. § 1005.4 (1)(1); 1005.17(b)(1)(i).”
Virginia is for Movers, LLC v. Apple Fed. Credit Union (E.D. Va. 2024). “” 12 C.F.R. § 1005.4 (a)(1); see also EFTA § 905(a) (commanding that “disclosures shall be in readily understandable language”).”
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