Whether your disclosures for business debit cards should include Regulation E language depends on whether your bank is extending Regulation E’s protections to your business customers. Since Regulation E applies only to consumer accounts held for personal, family, or household purposes, you are not required to provide its protections to business customers. See 12 CFR 1005.2(b)(1).  If you provide the Regulation E disclosures for your business debit cards or business account agreements, your business customers will have a strong argument that the bank has agreed by contract to provide them with the same protections as your consumer customers. Accordingly, we recommend providing the Regulation E disclosures for these cards only if the bank intends to extend Regulation E’s protections to its business customers.

We do recommend consulting with bank counsel before drafting disclosures for your business debit card customers. In addition, as you draft the disclosures, you should review any MasterCard or Visa rules and disclosure requirements that may apply to the business debit cards.