We believe Regulation E’s payroll card account rules (in 12 CFR 1005.18) would apply to the program you described. These rules apply to any “account that is directly or indirectly established through an employer and to which electronic fund transfers of the consumer’s wages, salary, or other employee compensation (such as commissions), are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or any other person.” 12 CFR 1005.2(b)(2).

In general, the disclosure requirements for payroll card accounts are the same as those for other accounts under Regulation E, with an exception: As an alternative to periodic account statements, Regulation E’s payroll card account rules allow institutions to instead provide account information to customers on request, as well as via phone and the web. 12 CFR 1005.18(b). If your organization takes that alternate route, different disclosure requirements will apply. Your initial disclosures would have to include an alternate error resolution disclosure and an explanation of how to access account information (by request, by phone, or on the web). Model forms for these alternate disclosures are in Appendix A, Form A-7. Similarly, your annual error disclosure notices would also have to use the Form A-7 alternate disclosure (or the Form A-3 disclosure, modified to reflect the error resolution provisions that apply to payroll cards).