The provisions in this section apply only to electronic fund transfers that debit or credit a consumer’s (“Consumer” means a natural person who has accounts that are used primarily for personal, family, or household purposes) checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). The Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in the Agreement which are defined in Regulation E will have the same meaning when used in this section.
Your liability for an unauthorized EFT or a series of related unauthorized EFT’s will be determined as follows:
- If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
- If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceeded the lesser of $500 or the sum of: $50 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and the amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two day period.
- You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60 day period. You may, as applicable, also be liable for the amounts described in the immediately preceding section 1 or 2 above.
- If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to a reasonable period.
- You may notify us in person, by telephone, by email, or in writing.
The telephone number and address to be notified when you believe that an unauthorized EFT has been or may be made are:
Telephone: 1-877-226-5820, Monday through Friday, excluding federal holidays
Address: BAC Community Bank, Customer Service, P. O. box 1140, Stockton, CA 95201-1140
Email: You can send an email by signing on to the Service
In Case of Errors or Questions About Your Electronic Transfers, call or write us at:
BAC COMMUNITY BANK
P.O. BOX 1140
STOCKTON, CALIFORNIA 95201-1140
Business Days: Monday through Friday
Excluding Federal Holidays
Contact us immediately if you think:
- Your statement or transaction record is wrong
- You need more information about a transaction listed on your statement
- An unauthorized person has discovered your username and/or password
- Someone has transferred or may transfer money from your account without your permission
- Bill payment transactions have been made without your authorization
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Your name and account number (if any)
- A description of the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
- The dollar amount of the suspected error
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.