12 C.F.R. § 1005.7

Initial disclosures

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(a) Timing of disclosures. A financial institution shall make the disclosures required by this section at the time a consumer contracts for an electronic fund transfer service or before the first electronic fund transfer is made involving the consumer's account.

(b) Content of disclosures. A financial institution shall provide the following disclosures, as applicable:

(1) Liability of consumer. A summary of the consumer's liability, under § 1005.6 or under state or other applicable law or agreement, for unauthorized electronic fund transfers.

(2) Telephone number and address. The telephone number and address of the person or office to be notified when the consumer believes that an unauthorized electronic fund transfer has been or may be made.

(3) Business days. The financial institution's business days.

(4) Types of transfers; limitations. The type of electronic fund transfers that the consumer may make and any limitations on the frequency and dollar amount of transfers. Details of the limitations need not be disclosed if confidentiality is essential to maintain the security of the electronic fund transfer system.

(5) Fees. Any fees imposed by the financial institution for electronic fund transfers or for the right to make transfers.

(6) Documentation. A summary of the consumer's right to receipts and periodic statements, as provided in § 1005.9 of this part, and notices regarding preauthorized transfers as provided in § 1005.10(a) and (d).

(7) Stop payment. A summary of the consumer's right to stop payment of a preauthorized electronic fund transfer and the procedure for placing a stop-payment order, as provided in § 1005.10(c).

(8) Liability of institution. A summary of the financial institution's liability to the consumer under section 910 of the Act for failure to make or to stop certain transfers.

(9) Confidentiality. The circumstances under which, in the ordinary course of business, the financial institution may provide information concerning the consumer's account to third parties.

(10) Error resolution. A notice that is substantially similar to Model Form A-3 as set out in appendix A of this part concerning error resolution.

(11) ATM fees. A notice that a fee may be imposed by an automated teller machine operator as defined in § 1005.16(a), when the consumer initiates an electronic fund transfer or makes a balance inquiry, and by any network used to complete the transaction.

(c) Addition of electronic fund transfer services. If an electronic fund transfer service is added to a consumer's account and is subject to terms and conditions different from those described in the initial disclosures, disclosures for the new service are required.

[76 FR 81023, Dec. 27, 2011, as amended at 81 FR 70320, Oct. 12, 2016]

Notes of Decisions

Cited in 6 cases (5 in the last 5 years), 2020–2025 · leading case: Kerns v. Ogwuegbu (D. Maryland 2023).

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Kerns v. Ogwuegbu (D. Maryland 2023). · cites it 2× “In addition, 12 CFR §1005.7 (b)(9) governs initial disclosures by a financial institution and requires that a financial institution disclose “[t]he circumstances under which, in the ordinary course of business, the financial institution may provide information concerning the…”

Virginia is for Movers, LLC v. Apple Fed. Credit Union (E.D. Va. 2024). · cites it 2× “That section requires disclosure of “any charges for electronic fund transfers or for the right to make such transfers,” EFTA § 905(a)(4), and the CFPB, parroting the statutory text, has implemented that requirement by mandating initial disclosure of “[a]ny fees imposed by the…”

Corral v. Nationstar Mortg., LLC (E.D. Cal. 2020). “11 Plaintiff asserts that this activity violated EFTA and its surrounding provisions, 12 including, but not limited to, 12 C.F.R. §§ 1005.7 , 1005.8, and 1005.9.”

Aggarwal v. Coinbase, Inc. (N.D. Cal. 2023). “§ 1693c and 12 C.F.R. § 1005.7 , (iv) violation of 13 California Uniform Commercial Code Division 8, Cal.”

Zachary Nero v. Uphold HQ Inc. (S.D.N.Y. 2023). “12 C.F.R. § 1005.7 (b). These regulations “appl[y] to any electronic fund transfer that authorizes a financial institution to debit or credit a consumer's account.”

Pryde (M.D. Penn. 2025). “” 12 C.F.R. § 1005.7 (a). As persuasively explained by an Eastern District of Virginia Court, an overdraft protection service is a type of electronic fund transfer service and so is covered by section 1005.”

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