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If we investigate a customer’s direct dispute regarding their credit card account and determine that the dispute is frivolous, what is our obligation under Regulation V when our response is returned as undeliverable? What if our response is returned with a forwarding address? Are we required to attempt a new mailing to the new address? – IBA Compliance Connection

IBA Compliance Connection

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If we investigate a customer’s direct dispute regarding their credit card account and determine that the dispute is frivolous, what is our obligation under Regulation V when our response is returned as undeliverable? What if our response is returned with a forwarding address? Are we required to attempt a new mailing to the new address?

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In our view, if your direct dispute response is returned as undeliverable — and you have no other customer contact information — your bank has no further obligation to resend that notice. However, if your response is returned with a forwarding address, your bank should resend the notice to the new address.

Regulation V requires banks to notify a customer within five days of determining that the customer’s dispute is frivolous. We are not aware of anything in the rule that relieves your bank of this notice obligation when you subsequently discover the customer has a new address. Consequently, we recommend resending the notice of a frivolous dispute determination to the customer’s new address when available (such as when a forwarding address is provided for the customer), even after the requisite five-day notice period.

For resources related to our guidance, please see:

  • Regulation V, 12 CFR 1022.43(f)(2) (“Upon making a determination that a dispute is frivolous or irrelevant, the furnisher must notify the consumer of the determination not later than five business days after making the determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the furnisher.”)