12 C.F.R. § 205.4

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 §§ 205.7 and 205.8 that are within its knowledge and within the purview of its relationship with the consumer for whom it holds an account.

[Reg. E, 61 FR 19669, May 2, 1996, as amended at 63 FR 14532, Mar. 25, 1998; 66 FR 17793, Apr. 4, 2001; 72 FR 63456, Nov. 9, 2007; 75 FR 16613, Apr. 1, 2010]

Notes of Decisions

Cited in 3 cases, 2016–2018 · leading case: Walbridge ex rel. Situated v. Doe, 299 F. Supp. 3d 338 (D.N.H. 2018).

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Walbridge ex rel. Situated v. Doe, 299 F. Supp. 3d 338 (D.N.H. 2018). “17, that Northeast is protected by the safe harbor provided by 12 C.F.R. § 205.4 , and that the claim is untimely.”

Pinkston-Poling v. Advia Credit Union, 227 F. Supp. 3d 848 (W.D. Mich. 2016). “” 12 C.F.R. § 205.4 (a)(1). The language in the Opt-in Agreement, “[a]n overdraft occurs when you do not have enough money in your account to cover a transaction, but we have the option to pay it anyway,” does not meet this standard because it is ambiguous as to whether Advia…”

Walbridge v. Ne. Credit Union, et al., 2018 DNH 044 (D.N.H. 2018). “17, that Northeast is protected by the safe harbor provided by 12 C.F.R. § 205.4 , and that that the claim is untimely.”

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