[Code of Federal Regulations]
[Title 12, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR205.2]
[Page 128-129]
TITLE 12--BANKS AND BANKING
CHAPTER II--FEDERAL RESERVE SYSTEM
PART 205--ELECTRONIC FUND TRANSFERS (REGULATION E)--Table of Contents
Sec. 205.2 Definitions.
For purposes of this part, the following definitions apply:
(a)(1) Access device means a card, code, or other means of access to
a consumer's account, or any combination
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thereof, that may be used by the consumer to initiate electronic fund
transfers.
(2) An access device becomes an accepted access device when the
consumer:
(i) Requests and receives, or signs, or uses (or authorizes another
to use) the access device to transfer money between accounts or to
obtain money, property, or services;
(ii) Requests validation of an access device issued on an
unsolicited basis; or
(iii) Receives an access device in renewal of, or in substitution
for, an accepted access device from either the financial institution
that initially issued the device or a successor.
(b)(1) Account means a demand deposit (checking), savings, or other
consumer asset account (other than an occasional or incidental credit
balance in a credit plan) held directly or indirectly by a financial
institution and established primarily for personal, family, or household
purposes.
(2) The term does not include an account held by a financial
institution under a bona fide trust agreement.
(c) Act means the Electronic Fund Transfer Act (title IX of the
Consumer Credit Protection Act, 15 U.S.C. 1693 et seq.).
(d) Business day means any day on which the offices of the
consumer's financial institution are open to the public for carrying on
substantially all business functions.
(e) Consumer means a natural person.
(f) Credit means the right granted by a financial institution to a
consumer to defer payment of debt, incur debt and defer its payment, or
purchase property or services and defer payment therefor.
(g) Electronic fund transfer is defined in Sec. 205.3.
(h) Electronic terminal means an electronic device, other than a
telephone operated by a consumer, through which a consumer may initiate
an electronic fund transfer. The term includes, but is not limited to,
point-of-sale terminals, automated teller machines, and cash dispensing
machines.
(i) Financial institution means a bank, savings association, credit
union, or any other person that directly or indirectly holds an account
belonging to a consumer, or that issues an access device and agrees with
a consumer to provide electronic fund transfer services.
(j) Person means a natural person or an organization, including a
corporation, government agency, estate, trust, partnership,
proprietorship, cooperative, or association.
(k) Preauthorized electronic fund transfer means an electronic fund
transfer authorized in advance to recur at substantially regular
intervals.
(l) State means any state, territory, or possession of the United
States; the District of Columbia; the Commonwealth of Puerto Rico; or
any political subdivision of the above in this paragraph (l).
(m) Unauthorized electronic fund transfer means an electronic fund
transfer from a consumer's account initiated by a person other than the
consumer without actual authority to initiate the transfer and from
which the consumer receives no benefit. The term does not include an
electronic fund transfer initiated:
(1) By a person who was furnished the access device to the
consumer's account by the consumer, unless the consumer has notified the
financial institution that transfers by that person are no longer
authorized;
(2) With fraudulent intent by the consumer or any person acting in
concert with the consumer; or
(3) By the financial institution or its employee.