Prepaid rule

April 2019

Prepaid rule

Small entity compliance guide

1 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Version Log

The Bureau updates this guide on a periodic basis. Below is a version log noting the history of

this document and its updates:

Date

Version

Changes

April 2019

3.1

Updated sections 14.2, 14.3.1, 14.3.4 and added Section 14.3.5 to

incorporate technical specifications for submitting prepaid account

agreements and agreement information to the Bureau.

Updated various sections to reflect miscellaneous administrative changes.

March 2018 3.0 Updated to reflect the extension of the Prepaid Rule’s effective date to

April 1, 2019, and other changes and clarifications set forth in the 2018

Prepaid Amendments. These changes and clarifications address the

following:

 The scope of the exclusion from the definition of prepaid accounts

for loyalty, award, or promotional cards (Section 2.6);

 Use of written pre-acquisition disclosures when the consumer

acquires a prepaid account electronically or by telephone (Sections

4.1.1, 4.1.2, and 4.1.3);

 Timing for delivery of pre-acquisition disclosures for certain prepaid

accounts issued on an unsolicited basis and used to disburse funds

to consumers if there is no alternative means for the consumer to

receive the funds (Section 4.1.4);

 Delivery of the long form disclosure under the retail location

exception in certain circumstances (Section 4.1.4);

 Exception to the requirement to provide foreign language

disclosures for certain telephone acquisitions of government benefit

accounts and payroll card accounts (Section 4.1.8);

 Disclosure of additional fee types with more than two fee variations

(Section 4.2.3);

 Initial disclosures for prepaid accounts that may be acquired before

verification of the consumer’s identity is successfully completed or

that are in programs that do not have a consumer identification and

verification process (Section 6.2);

2 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

 Limitations on liability and error resolution for prepaid accounts that

may be acquired before verification of the consumer’s identity is

successfully completed or that are in programs that do not have a

consumer identification and verification process (Section 9);

 Unsolicited issuance of access devices for certain prepaid accounts

used to disburse funds to consumers if there is no alternative means

for the consumer to initially receive the funds (Section 12);

 Submission of the short form disclosure and information required to

be in the long form disclosure as a separate addenda (Section

14.2.2);

 In certain circumstances, permitted delay of submission of an

updated list of names of other relevant parties to a prepaid account

agreement (Section 14.3.3);

 Limited exclusion of certain traditional credit card arrangements from

the requirements for hybrid prepaid-credit cards and covered

separate credit features (Sections 15.3.2 and 15.5.3); and

 Expanded exception for certain incidental forms of credit structured

as a negative balance on a prepaid account’s asset feature

(Sections 15.4,15.5, and 15.6)

Updated to reflect miscellaneous administrative changes.

June 2017 2.0 Updated to reflect the delay of the general effective date of the Prepaid

Rule to April 1, 2018.

Updated to incorporate additional guidance on:

 Treatment of reload packs that are marketed or labeled as “prepaid”

(Section 2.4),

 The requirement for consistent use of fee names and other terms

within a particular prepaid account program (Section 4.1.7),

 When a financial institution is required to provide foreign language

short form and long form disclosures (Section 4.1.8),

 Meaningfully naming URLs in short form disclosures (Section 4.2.7),

 Providing electronic account transaction histories via mobile

applications (Section 8.2), and

3 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

 Submitting certain prepaid account agreements to the Bureau

(Section 14.3.4).

Updated to clarify that reversing a provisional credit does not otherwise

trigger Regulation Z coverage under the Prepaid Rule (Section 15.5.1) and

to make other administrative changes.

January

2017

1.0 Original version

4 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Table of contents

Version Log ................................................................................................................. 1

Table of contents......................................................................................................... 4

1. Introduction ........................................................................................................... 8

1.1 Purpose of this guide ................................................................................ 9

1.2 Scope and focus of this guide .................................................................... 9

1.3 Use of certain terms in this guide ........................................................... 10

1.4 Use of examples in this guide ................................................................. 10

1.5 Additional implementation resources ..................................................... 11

2. Prepaid accounts ................................................................................................ 12

2.1 Definition of prepaid account ................................................................. 13

2.2 Payroll card account ............................................................................... 14

2.3 Government benefit account ...................................................................15

2.4 Prepaid accounts marketed or labeled as “prepaid” ...............................15

2.5 Prepaid accounts whose primary function is to perform certain

transactions ............................................................................................ 16

2.6 Exclusions in the Prepaid Rule ............................................................... 19

3. Entities subject to the Prepaid Rule .................................................................. 23

3.1 Financial institutions .............................................................................. 23

4. Pre-acquisition disclosures ............................................................................... 26

4.1 General requirements ............................................................................. 27

4.2 Short form disclosure ............................................................................. 39

5 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.3 Information required to be disclosed outside but in close proximity to

the short form disclosure........................................................................ 73

4.4 Long form disclosure .............................................................................. 74

5. Disclosures on the access device ..................................................................... 81

6. Initial disclosures ............................................................................................... 82

6.1 Timing and general requirements for initial disclosures ....................... 82

6.2 Content of initial disclosures .................................................................. 82

6.3 Required modifications to initial disclosures when financial institution

relies on the periodic statement alternative........................................... 86

7. Change-in-terms notices .................................................................................... 88

8. Periodic statements and the periodic statement alternative .......................... 91

8.1 Periodic statements ................................................................................ 91

8.2 Alternative to periodic statements ......................................................... 93

8.3 Accommodation to effective date for account transaction histories ..... 95

8.4 Summary totals of fees ............................................................................ 95

8.5 Accommodation to effective date for summary totals of all fees ........... 96

9. Error resolution and limitations on liability ...................................................... 97

9.1 Limitations on liability ........................................................................... 97

9.2 Error resolution .................................................................................... 100

9.3 Exception for unverified prepaid accounts .......................................... 107

10. Receipts at electronic terminals ...................................................................... 110

11. Preauthorized EFTs .......................................................................................... 111

12. Issuance of an access device .......................................................................... 113

6 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

13. Compulsory use ................................................................................................ 115

14. Requirements related to prepaid account agreements ................................. 117

14.1 Issuers subject to the requirements ...................................................... 117

14.2 Prepaid account agreements.................................................................. 117

14.3 Making submissions to the Bureau ...................................................... 120

14.4 Posting prepaid agreements offered to the general public on the prepaid

account issuer’s publicly available website .......................................... 128

14.5 Posting or providing prepaid account agreements for all open prepaid

accounts ................................................................................................ 130

15. Overdraft credit features .................................................................................. 133

15.1 Prepaid accounts, asset features, and credit features .......................... 134

15.2 Prepaid cards, prepaid account issuers, and card issuers .................... 135

15.3 Separate credit features and hybrid prepaid-credit cards ................... 136

15.4 Restrictions on offering credit through a negative balance on a prepaid

account’s asset feature .......................................................................... 143

15.5 Permissible circumstances for offering credit through a negative

balance on a prepaid account’s asset feature ....................................... 145

15.6 General applicability of Regulation E, not Regulation Z, to permissible

credit offered through a negative balance on the prepaid account’s asset

feature ................................................................................................... 149

15.7 General applicability of Regulation Z to hybrid prepaid-credit cards,

covered separate credit features, and non-covered separate credit

features .................................................................................................. 151

16. Requirement to provide same terms for prepaid accounts with

and without a covered separate credit feature .............................................. 153

17. Remittance transfers ........................................................................................ 155

18. Record retention ............................................................................................... 156

7 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

19. Effective dates .................................................................................................. 157

19.1 Disclosure exception for prepaid accounts acquired before April 1, 2019158

19.2 Disclosure exception for prepaid accounts acquired on or after April 1,

2019159

Attachment A: .......................................................................................................... 163

Table illustrating consumer liability for unauthorized EFTs when financial

institution provides periodic statements ............................................. 163

Attachment B: .......................................................................................................... 165

Table illustrating consumer liability for unauthorized EFTs when financial

institution relies on the periodic statement alternative ...................... 165

PAPERWORK REDUCTION ACT STATEMENT

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and

not withstanding any other provision of law a person is not required to respond to a collection of

information unless it displays a valid OMB control number. The OMB control numbers for this

collection are 3170-0015 and 3170-0014, which expire on 3/31/2022. The time required to

complete these information collections is estimated to average twenty eight minutes per

response. The obligation to respond to these collections of information is mandatory under The

Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq and the Electronic Fund Transfer Act (EFTA),

15 U.S.C. 1693 et seq. Comments regarding these collections of information, including the

estimated response time, suggestions for improving the usefulness of the information, or

suggestions for reducing the burden to respond to this collection should be submitted to the

Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW, Washington,

DC 20552, or by email to [email protected]

8 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. Introduction

On October 5, 2016, the Consumer Financial Protection Bureau (Bureau) issued a final rule to

create comprehensive protections for prepaid accounts under Regulation E, which implements

the Electronic Fund Transfer Act (EFTA), and Regulation Z, which implements the Truth in

Lending Act (TILA) (2016 Final Rule). On April 20, 2017, the Bureau issued a final rule delaying

the general October 1, 2017, effective date in the 2016 Final Rule to April 1, 2018 (the April 2017

Effective Date Delay). On January 25, 2018, the Bureau issued a final rule amending and

clarifying certain provisions of Regulation E and Regulation Z related to prepaid accounts and

extending the 2016 Final Rule’s effective date to April 1, 2019 (the 2018 Prepaid Amendments).

Collectively, the 2016 Final Rule, the April 2017 Effective Date Delay, and the 2018 Prepaid

Amendments are referred to in this guide as the Prepaid Rule.

On February 27, 2019, the Bureau issued technical specifications for submitting prepaid account

agreements to the Bureau (Technical Specifications for Submitting Prepaid Agreements).

The Prepaid Rule extends Regulation E’s coverage to prepaid accounts, which it defines to

include payroll card accounts, government benefit accounts, and certain other types of prepaid

products. It modifies Regulation E to create tailored provisions governing disclosures, limited

liability and error resolution, and periodic statements for prepaid accounts. It also creates new

requirements that apply only to prepaid accounts.

Additionally, the Prepaid Rule regulates overdraft credit features that may be offered in

conjunction with prepaid accounts. Subject to certain exceptions, such a credit feature will be

covered under Regulation Z if it is offered by the prepaid account issuer, its affiliate, or its

business partner and credit can be accessed in the course of a transaction conducted with a

prepaid card.

The Prepaid Rule became effective on April 1, 2019. It also contains exceptions and

accommodations related to the effective date. These exceptions and accommodations are

The final rules were published in the Federal Register on November 22, 2016 (81 FR 83934), April 25, 2017 (82 FR

18975), and February 13, 2018 (83 FR 6364).

The technical specifications were published in the Federal Register on March 6, 2019 (84 FR 7979).

9 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

discussed in Section 19 of this guide and in the Prepaid Rule’s Effective Dates factsheet,

available at

www.consumerfinance.gov/policy-compliance/guidance/implementation-

guidance/prepaid-rule/.

1.1 Purpose of this guide

The purpose of this guide is to provide an easy-to-use summary of the Prepaid Rule and to

highlight information that may be helpful when implementing the Prepaid Rule.

This guide is not a substitute for reviewing the Prepaid Rule, Regulation E, or

Regulation Z. Regulation E, Regulation Z, the Prepaid Rule, and their Official Interpretations

(also known as the commentary) are the definitive sources of information regarding their

requirements. The 2016 Final Rule is available at

https://www.consumerfinance.gov/policy-

compliance/rulemaking/final-rules/prepaid-accounts-under-electronic-fund-transfer-act-

regulation-e-and-truth-lending-act-regulation-z/. The April 2017 Effective Date Delay is

available at https://www.consumerfinance.gov/policy-compliance/rulemaking/final-

rules/prepaid-accounts-under-electronic-fund-transfer-act-regulation-e-and-truth-lending-act-

regulation-z-delay-effective-date/. The 2018 Prepaid Amendments are available at

https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/rules-

concerning-prepaid-accounts-under-electronic-fund-transfer-act-regulation-e-and-truth-

lending-act-regulation-z/. The Technical Specifications for Submitting Prepaid Agreements to

the Bureau are avaibile at https://www.consumerfinance.gov/policy-

compliance/rulemaking/final-rules/technical-specifications-submissions-prepaid-account-

agreements-database/.

1.2 Scope and focus of this guide

The focus of this guide is the Prepaid

Rule. Except when specifically needed to

explain a provision of the Prepaid Rule,

this guide does not discuss other laws,

regulations, or regulatory guidance that

may apply to prepaid accounts or the

entities involved in offering prepaid

accounts.

EFTA does not preempt all state laws. EFTA

preempts inconsistent state laws, only to the

extent of the inconsistency. A state law is not

inconsistent if the protection it affords

consumers is greater than the protection

under EFTA. 15 U.S.C. 1693q.

10 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The Prepaid Rule generally extends the requirements set forth in Subpart A of Regulation E to

prepaid accounts with some modifications. This guide discusses many of Regulation E’s

provisions that apply to prepaid accounts as well as the provisions of Regulation E that the

Prepaid Rule specifically modifies for prepaid accounts. It also discusses the new provisions of

Regulation E that the Prepaid Rule adds for prepaid accounts. However, this guide does not

discuss all of the provisions of Regulation E that may apply to a prepaid account. Additionally,

EFTA contains provisions that are not directly reflected in Regulation E. The guide does not

discuss all of the provisions of EFTA that may apply to prepaid accounts.

Additionally, the Prepaid Rule addresses overdraft credit features that may be offered in

conjunction with prepaid accounts and creates new requirements that apply to hybrid prepaid-

credit cards. This guide discusses when an overdraft credit feature offered in conjunction with a

prepaid account is subject to the Prepaid Rule and Regulation Z and when an access device is a

hybrid prepaid-credit card. However, it does not discuss the specific provisions of the Prepaid

Rule or Regulation Z that may apply to such overdraft credit features and hybrid prepaid-credit

cards.

Users of this guide should review the Prepaid Rule, Regulation E, Regulation Z, EFTA, and TILA

as well as this guide.

The content of this guide does not include any rules, bulletins, guidance, or other interpretations

issued or released after the date on the guide’s cover page.

1.3 Use of certain terms in this guide

Generally, the Prepaid Rule’s provisions apply to prepaid accounts. However, in certain

instances, a particular provision may be applicable only to certain prepaid accounts, such as

payroll card accounts or government benefit accounts, or may apply differently to certain

prepaid accounts. This guide notes when a particular provision applies to a subset of prepaid

accounts, but otherwise uses the term “prepaid account” to include payroll card accounts,

government benefit accounts, and other prepaid accounts.

1.4 Use of examples in this guide

This guide has examples to illustrate some portions of the Prepaid Rule. The examples do not

include all possible factual situations that could illustrate a particular provision, trigger a

11 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

particular obligation, or satisfy a particular requirement. Even though an example may identify

a fictitious financial institution as, for example, “Ficus Bank,” the provision or obligation being

illustrated in the example may apply more broadly or more narrowly than to banks. For

example, it may apply to both depository and nondepository financial institutions or it may

apply to only certain banks.

1.5 Additional implementation resources

Additional resources to help industry understand and comply with the Prepaid Rule are

available on the Bureau’s website,

www.consumerfinance.gov/policy-

compliance/guidance/implementation-guidance/prepaid-rule/. You may also sign up on this

website for an email distribution list that the Bureau will use to announce additional resources

as they become available. In addition, the Bureau has created resources to help prepaid account

issuers submit their required prepaid account agreements to the Bureau. These submission

resources are availible at

https://www.consumerfinance.gov/data-research/prepaid-

accounts/issuer-instructions/.

If you have a specific regulatory interpretation question about the Prepaid Rule after reviewing

these

resources, you can submit the question to the Bureau on its website at

https://reginquiries.consumerfinance.gov. You may also leave your question in a voicemail at

202-435-7700. Bureau staff provides only informal responses to regulatory inquiries, and the

responses do not constitute official interpretations or legal advice. Response times will vary

depending on the number of questions Bureau staff is handling, the amount of research needed

to respond to a specific question, and staff availability.

12 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2. Prepaid accounts

The Prepaid Rule adds the term “prepaid account” to the definition of “account” in Regulation E.

12 CFR 1005.2(b)(3). Effective April 1, 2019, products that meet the Prepaid Rule’s definition of

prepaid account are subject to various requirements under amended Regulation E.

However, certain types of products are not accounts under Regulation E and, therefore, are not

prepaid accounts. For example, an account subject to Regulation E must be established

primarily for personal, family, or household purposes. 12 CFR 1005.2(b)(1). Therefore, if an

account is established primarily for a business or commercial purpose, it is not an account under

Regulation E or a prepaid account under the Prepaid Rule. Similarly, an account held by a

financial institution under a bona fide trust agreement

is not an account under Regulation E

and is not a prepaid account under the Prepaid Rule. 12 CFR 1005.2(b)(2). For example, profit-

sharing and pension accounts established under a trust agreement are not accounts under

Regulation E and cannot be prepaid accounts under the Prepaid Rule. Comment 1005.2(b)-3.

If a product is established primarily for personal, family, or household purposes and is not held by

a financial institution under a bona fide trust agreement, it could be a prepaid account as that

term is defined in the Prepaid Rule. In order to be a prepaid account under the Prepaid Rule, the

product must satisfy at least one prong of the Prepaid Rule’s definition of “prepaid account.” That

definition has four separate prongs as well as several specific exclusions. 12 CFR 1005.2(b)(3)(i).

However, the exclusions do not apply to all four prongs. A product that is a payroll card account

or a government benefit account (i.e., that satisfies one of the first two prongs of the definition) is

a prepaid account, and the exclusions in the definition of prepaid account do not apply. 12 CFR

1005.2(b)(3)(i)(A) and (B). The definition of prepaid account, additional information on each of

the prongs of the definition, and the exclusions are discussed below.

“Bona fide trust agreement” is not defined by the Electronic Fund Transfer Act, Regulation E, or the Prepaid Rule.

Therefore, financial institutions must look to state or other applicable law for an interpretation of this phrase.

Comment 1005.2(b)(2)-1. However, an account held under a custodial agreement that qualifies as a trust under the

Internal Revenue Code, such as an individual retirement account, is considered to be held under a trust agreement

for purposes of Regulation E. Comment 1005.2(b)(2)-2.

13 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The Prepaid Account Coverage Chart, available at www.consumerfinance.gov/policy-

compliance/guidance/implementation-guidance/prepaid-rule/, is another resource that can be

used to help understand if a product is a prepaid account under the Prepaid Rule.

2.1 Definition of prepaid account

A “prepaid account” is a product that is one or more of the following:

1. A payroll card account.

2. A government benefit account.

3. An account that:

a. Is marketed or labeled as “prepaid;”

b. Is redeemable upon presentation at multiple, unaffiliated merchants for goods or

services or usable at automated teller machines (ATMs); and

c. Does not satisfy a specific exclusion set forth in the Prepaid Rule.

4. An account that:

a. Is issued on a prepaid basis in a specified amount or is capable of being loaded with

funds after issuance;

b. Has a primary function of conducting transactions with multiple, unaffiliated

merchants for goods or services, conducting transactions at ATMs, or conducting

person-to-person (P2P) transfers;

c. Is not a checking account, a share draft account, or a negotiable order of withdrawal

(NOW) account; and

d. Does not satisfy a specific exclusion set forth in the Prepaid Rule.

12 CFR 1005.2(b)(3).

14 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2.2 Payroll card account

A “payroll card account” is an account:

1. That is established directly or

indirectly through an employer; and

2. To which electronic fund transfers

(EFTs) of the consumer’s wages,

salary, or other employee

compensation (such as commissions)

are made on a recurring basis.

12 CFR 1005.2(b)(3)(i)(A).

Because a payroll card account must be used to transfer wages, salary, or other employee

compensation, it does not include some types of employment-related accounts, such as an

account used solely to make disbursements unrelated to compensation such as petty cash

reimbursements or travel per diem payments. Similarly, it does not include an account used

solely to disburse incentive-based payments (other than commissions) that are unlikely to be the

consumer’s primary source of employee compensation. For example, an account used solely to

disburse bonus payments would not be a payroll card account. However, if an employer

establishes an account and makes recurring EFTs of wages, salary, or other compensation to the

account as well as incentive-based payments or payments unrelated to compensation, the

account is a payroll card account. Comment 1005.2(b)(3)(i)-2.

The EFTs of the consumer’s wages, salary, or other compensation must be recurring. A payroll

card account does not include an account that is used solely in isolated instances, such as an

account used to distribute a final wage or salary payment or to distribute wages, salary, or other

compensation in an emergency when other payment methods are unavailable. Comment

1005.2(b)(3)(i)-2.

An account can be a payroll card account regardless of whether it is operated or managed by an

employer, a third-party processor, a depository institution, or any other person.

12 CFR 1005.2(b)(3)(i)(A).

The Prepaid Rule does not change the

definition of “payroll card account” in

Regulation E. However, an account that is

related to a consumer’s employment but is

not a payroll card account may be covered as

a prepaid account under another prong of the

Prepaid Rule’s definition of prepaid account.

15 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2.3 Government benefit account

A “government benefit account” is an account that is established:

1. By a government agency; and

2. For the purpose of electronically

distributing government benefits, other

than needs-tested benefits in a

program established under state or

local law or administered by a state or

local agency.

12 CFR 1005.15(a)(2).

A government benefit account does not include an account established to distribute government

benefits that are both: (1) needs-tested; and (2) in a program established under state or local law

or administered by a state or local agency. Government benefit accounts include accounts for

distributing benefits that are not needs-tested (e.g., state unemployment insurance or child

support payments), as well as all federal benefits regardless of whether they are needs-tested.

2.4 Prepaid accounts marketed or

labeled as “prepaid”

An account is a prepaid account under this prong of the definition if it does not qualify for an

exclusion, as discussed in Section 2.6 of this guide, and satisfies both of the following:

1. Is marketed or labeled as prepaid. If

“prepaid” appears on the card or other

access device associated with the

account, on packaging materials for the

card or other access device, or on a

display, advertisement, or other

publication used to promote the

account, the account satisfies this test.

An account may also be marketed or

labeled as prepaid if the financial

institution, the financial institution’s

The Prepaid Rule does not change the

definition of government benefit account.

Accounts established to distribute needs-

tested benefits in a program established

under state or local law or administered by a

state or local agency are excluded from

coverage under Regulation E.

A product whose only function is to make a one-

time transfer of funds into a separate prepaid

account (i.e., a reload pack) is not covered by the

Prepaid Rule, even if it is marketed or labeled as

“prepaid”. It does not satisfy the “primary

function” test in 12 CFR 1005.2(b)(3)(i)(D) and

comment 2(b)(3)(i)-8.v. Additionally, it does

not satisfy 12 CFR 1005.2(b)(3)(i)(C) because it

is not usable at multiple, unaffiliated merchants

for goods or services or at ATMs.

16 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

service provider (including a program manager), or the payment network on which the

account’s access device is used promotes or advertises the account using the term “prepaid”

or contracts with a third party to promote or advertise the account using the term “prepaid.”

Comment 1005.2(b)(3)(i)-3. Section 3.1 discusses who is a financial institution with regard

to a prepaid account.

2. Is redeemable upon presentation at

multiple, unaffiliated merchants for

goods or services or usable at ATMs.

An account satisfies this test if, for

example, multiple, unaffiliated

merchants agree (pursuant to the

payment network’s rules) to honor a

card, code, or other access device if it

bears the mark, logo, or brand of a

payment network. However, an

account does not satisfy this test if the

card, code, or other access device can

only be used at an affiliated group of

merchants, such as merchants at a

specific shopping mall. Comments

1005.2(b)(3)(i)-9; 1005.20(a)(3)-1 and

-2. 12 CFR 1005.15(a)(3).

An account that satisfies these two tests is

not a prepaid account under the Prepaid Rule if it qualifies for one or more of the exclusions

discussed in Section 2.6.

2.5 Prepaid accounts whose primary

function is to perform certain

transactions

An account is a prepaid account under this prong of the definition if it does not qualify for an

exclusion, as discussed in Section 2.6 of this guide, and if it satisfies all of the following:

Merchants are affiliated if they are related by

common ownership or common corporate

control. They are also affiliated if they share the

same name, mark, or logo. Franchisees that are

subject to a common set of corporate policies or

practices under the terms of their franchise

license are affiliated. Merchants are also

affiliated if they agree, by contract or otherwise,

to redeem cards, codes, or other devices bearing

the same mark, logo or brand (other than the

mark, logo, or brand of a payment network) for

the purchase of goods or services solely at such

merchants. See comment 1005.20(a)(2)-2.

Although products such as prepaid phone cards

are often marketed or labeled as “prepaid,” they

would not usually qualify under this test because

they are not redeemable at multiple, unaffiliated

merchants for goods or services or usable at

ATMs.

17 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. Is either: (a) issued on a prepaid basis in a specified amount; or (b) capable of being

loaded with funds after issuance. 12 CFR 1005.2(b)(3)(i)(D)(1). An account is issued on a

prepaid basis if it is loaded with funds when it is first provided to the consumer for the

consumer’s use. Comment 1005.2(b)(3)(i)-4. An account is capable of being loaded with

funds after issuance if the consumer or a third party can load funds into the account after it

is issued to the consumer. Comment 1005.2(b)(3)(i)-5. However, the account does not need

to be reloadable to qualify as a prepaid account. Comment 1005.2(b)(3)(i)-7.

To satisfy this test, the account must be capable of holding funds. A product that allows a

consumer to store funds before the consumer designates a final destination for the funds

satisfies this test, but a product that only is capable of storing a consumer’s payment

credentials for other accounts does not. Comments 1005.2(b)(3)(i)-5 and -6.

2. Has a primary function of: (a) conducting transactions with multiple, unaffiliated

merchants for goods or services; (b)

conducting transactions at ATMs; or (c)

conducting P2P transfers. 12 CFR

1005.2(b)(3)(i)(D)(2). Generally, to meet

this primary function test, the account’s

primary function must be to provide a

consumer with general transaction

capability. Accounts that only

incidentally provide general transaction

capability do not satisfy this test. An

account must be more than merely

capable of being used to conduct

transactions with multiple unaffiliated merchants, to conduct transactions at ATMs, or to

conduct P2P transfers. Comment 1005.2(b)(3)(i)-8.

When determining whether an account satisfies this primary function test, one must look to

the account’s functionality, not to the consumer’s actual use of the account or to the access

device associated with the account. For example, the fact that a consumer may choose to

withdraw the entire account balance at an ATM or transfer it to another account held by the

consumer does not change the fact that the account’s primary function is to provide general

transaction capability. An account’s primary function is not determined by how frequently

an individual consumer chooses to use the account for a given function. Comment

1005.2(b)(3)(i)-8.

Even if the account’s access device can be used for other purposes (e.g., as a form of

identification), the account may still satisfy the primary function test. Such accounts may

P2P transfers include not only EFTs to

another consumer but also EFTs to a

business. An account may qualify as a

prepaid account if its primary function is to

make P2P transfers to another consumer or

to a business, even if it is not redeemable

upon presentation at multiple, unaffiliated

merchants for goods or services or usable at

ATMs. Comment 1005.2(b)(3)(i)-10.

18 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

include, for example, a prepaid account used to disburse student loan proceeds via a card

that can be used at multiple, unaffiliated merchants or to withdraw cash from an ATM, even

if that card also acts as a student identification card. Comment 1005.2(b)(3)(i)-8.

Where multiple accounts are associated with the same access device, one must determine

the primary function of each account separately. Comment 1005.2(b)(3)(i)-8.

Example: Any State University sponsors a program that allows a student to use a

card to access two separate accounts: Account A and Account B. A student can use the

card to access Account A to conduct transactions with multiple, unaffiliated merchants

for goods or services. The student can also use the card to access Account B, which can

only be used to conduct closed-loop transactions on the university’s campus. The

student also uses the card as a student identification card. Account A, which can be

used to conduct transactions with multiple, unaffiliated merchants for goods or

services, satisfies the primary function test. Account B, which can only be used to

conduct closed-loop transactions, does not satisfy the primary function test.

Examples of accounts that do not satisfy the primary function test

Saving accounts. The primary function of a savings account is to accrue interest on funds in the

account.

Brokerage accounts. The primary function of a brokerage account is to hold funds so that the

consumer can conduct transactions through a licensed broker or firm.

Accounts that can only be used to conduct closed-loop transactions, such as on a college campus.

Products with the sole function of making a one-time transfer into a separate prepaid account (i.e.,

reload packs).

19 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Examples of accounts that do satisfy the primary function test

Accounts that allow a consumer to purchase goods and services at multiple, unaffiliated

merchants, even if the consumer actually withdraws or spends all of the funds in a single

transaction.

Accounts that are used by a third party to disburse funds, such as tax refund proceeds, to a

consumer and allow the consumer to purchase goods or services at multiple, unaffiliated

merchants.

Accounts that are used to disburse student loan proceeds and allow the consumer to obtain cash at

ATMs.

Accounts that allow a consumer to purchase goods and services at multiple, unaffiliated merchants,

even if the accounts’ access devices can also be used as a form of identification.

3. Is not a checking account, a share draft account, or a NOW account. 12 CFR

1005.2(b)(3)(i)(D)(3). Checking accounts, share draft accounts, and NOW accounts are not

prepaid accounts under this prong of the definition even if they do not offer check-writing

capabilities (e.g., a “checkless” checking account). For purposes of this test, the ability to

issue preauthorized checks drawn on the account does not by itself qualify the account as a

checking, share draft, or NOW account.

An account that satisfies these three tests is not a prepaid account under the Prepaid Rule if it

qualifies for one or more of the exclusions discussed in Section 2.6.

2.6 Exclusions in the Prepaid Rule

The Prepaid Rule includes several specific exclusions, which apply to the third and fourth

prongs of the definition of prepaid account. See Sections 2.4 and 2.5 above. An account that

would otherwise satisfy one or both of these prongs of the definition is not a prepaid account

under the Prepaid Rule if it is any of the following:

1. Loaded only with funds from certain healthcare and employee benefit programs. An

account loaded only with funds from a health savings account, flexible spending

20 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

arrangement, medical savings account, health reimbursement arrangement, dependent care

assistance program, or transit or parking reimbursement arrangement is not a prepaid

account.

2. Loaded only with qualified disaster relief payments. An account that is directly or

indirectly established through a third party and loaded only with qualified disaster relief

payments is not a prepaid account. 12 CFR 1005.2(b)(3)(ii)(B). “Qualified disaster relief

funds” means funds made available through a qualified disaster relief program as defined in

26 U.S.C. 139(b). Comment 1005.2(b)(3)(ii)-2.

3. A gift certificate. A gift certificate, as

defined in the Gift Card Rule

, is not a

prepaid account. 12 CFR

1005.2(b)(3)(ii)(D)(1); 1005.20(a)(1)

and (b).

4. A store gift card. A store gift card, as

defined in the Gift Card Rule

, is not a

prepaid account. 12 CFR

1005.2(b)(3)(ii)(D)(2); 1005.20(a)(2)

and (b).

5. A loyalty, award, or promotional gift

card. A loyalty, award, or promotional

gift card, as defined in 12 CFR

1005.20(a)(4) of the Gift Card Rule

, is

not a prepaid account. 12 CFR

1005.2(b)(3)(ii)(D)(3). Generally, to

satisfy this definition, a card must: (a)

be issued on a prepaid basis primarily for personal, family, or household purposes in

connection with a loyalty, award, or promotional program; (b) be redeemable upon

“Health savings account” means a health savings account as defined in 26 U.S.C. 223(d); “flexible spending

arrangement” means a health benefits or a health flexible spending arrangement pursuant to 26 U.S.C. 125;

“medical savings account” means an Archer MSA as defined in 26 U.S.C. 220(d); “health reimbursement

arrangement” means a health reimbursement arrangement which is treated as employer-provided coverage under

an accident or health plan for purposes of 26 U.S.C. 106; “dependent care assistance program” means a dependent

care assistance program pursuant to 26 U.S.C. 129; and “transit or parking reimbursement arrangement” means a

qualified transportation fringe benefit provided by an employer pursuant to 26 U.S.C. 132. Comment

1005.2(b)(3)(ii)-1.

Gift certificates and store gift cards are not

prepaid accounts under the Prepaid Rule. 12

CFR 1005.2(b)(3)(ii)(D)(1) and (2).

However, they are subject to separate

requirements under Regulation E. Those

requirements generally are found in 12 CFR

1005.20, which this guide refers to as the

Gift

Card Rule.

Rebate cards and incentive cards that satisfy

the definition of “loyalty, award, or promotional

gift card” are not prepaid accounts under the

Prepaid Rule.

21 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

presentation at one or more merchants for goods or services or usable at ATMs; and (c) set

forth certain disclosures detailed in the Gift Card Rule. 12 CFR 1005.20(a)(4). Additionally,

a card that does not contain the disclosures detailed in the Gift Card Rule is not a prepaid

account if it satisfies the other two prongs of the definition of “loyalty, award, or promotional

gift card” in the Gift Card Rule and is excluded from coverage under the Gift Card Rule

because it is not marketed to the general public pursuant to 12 CFR 1005.20(b)(4). 12 CFR

1005.2(b)(3)(ii)(D)(3); comment 1005.2(b)(3)(ii)-4.

6. A general-use prepaid card that is both marketed and labeled as a gift card or gift

certificate. A general-use prepaid card, as defined in the Gift Card Rule

, is not a prepaid

account if it is both marketed and labeled as a gift card or gift certificate. 12 CFR

1005.2(b)(3)(ii)(D)(4). The Gift Card Rule provides that gift cards, gift certificates, and

general-use prepaid cards do not include certain codes, cards, and access devices that are not

marketed or labeled as a gift card or gift certificate. However, the Prepaid Rule provides that

a general-use prepaid card is not a prepaid account if it is both marketed and labeled as a gift

card or gift certificate. Therefore, a product may be subject to both the Gift Card Rule and

the Prepaid Rule in certain circumstances.

Example: Ficus Bank principally advertises a general-use prepaid card as a less-costly

alternative to a bank account. During the holiday season, Ficus Bank uses signs that

promote the card as “the perfect gift,” but the card itself is not labeled as a gift card or

gift certificate. The card is marketed as a gift card or gift certificate, but is not both

marketed and labeled as a gift card or gift certificate. Therefore, the product does not fit

within the Prepaid Rule’s exclusion for a general-use prepaid card that is both marketed

and labeled as a gift card. Additionally, the product does not fit within the Gift Card

Rule’s exclusion for a general-use prepaid card that is reloadable and not marketed or

labeled as a gift card. Depending on the other terms and conditions that apply to the

card, it may be covered under both the Prepaid Rule and the Gift Card Rule.

7. An account established for distributing needs-tested benefits in a program established

under state or local law or administered by a state or local agency. To meet this exclusion

an account must be established to distribute government benefits that are both: (1) needs-

tested; and (2) in a program established under state or local law or administered by a state

or local agency. 12 CFR 1005.2(b)(3)(ii)(E). Accounts that are excluded from the definition

22 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

of “government benefit account” in 12 CFR 1005.15(a)(2) are also excluded from the general

definition of “prepaid account” under 12 CFR 1005.2(b)(3)(i)(C) and (D).

8. The P2P functionality of an account established by or through the U.S. government if the

account’s primary function is to conduct closed-loop transactions on U.S. military

installations or vessels or similar government facilities. 12 CFR 1005.2(b)(3)(ii)(C). This is

a narrow exclusion intended to accommodate a specific set of closed-loop products that are

used in unique circumstances, such as on military vessels or bases, or similar government

facilities (e.g., embassies or consulates) in remote locations. At the time of the 2016 Final

Rule’s issuance, these products were marketed under the brand names Eagle Cash and Navy

Cash/Marine Cash. To the extent that these products offer an open-loop capability that

allows the consumer to conduct transactions at multiple, unaffiliated merchants for goods or

services, that functionality is not excluded.

23 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

3. Entities subject to the

Prepaid Rule

Generally, the Prepaid Rule applies to “financial institutions,” as that term is defined in

Regulation E. However, the Prepaid Rule adds new requirements to Regulation E that apply to

“issuers.” The Prepaid Rule also has requirements that apply to “prepaid account issuers,” “card

issuers,” and “creditors” as those terms are defined in amended Regulation Z.

This Section 3 discusses who is a financial institution and who is an issuer under amended

Regulation E. Section 15.2 discusses who is a prepaid account issuer and who is a card issuer

under amended Regulation Z. For more information on who is a creditor subject to Regulation

Z, see 12 CFR 1026.2(a)(17) and the related commentary.

Section 11 discusses who must comply with requirements for preauthorized EFTs to or from

prepaid accounts, and Section 13 discusses who must comply with the prohibitions on

compulsory use as they relate to prepaid accounts.

Information on who must comply with the Prepaid Rule’s changes regarding remittance

transfers is provided in the small entity compliance guide on remittance transfers, available at

www.consumerfinance.gov/policy-compliance/guidance/implementation-guidance/remittance-

transfer-rule.

Special rules apply to a person that provides an EFT service to a consumer but does not hold the

consumer’s prepaid account if: (a) the person issues a prepaid card or other access device that

the consumer can use to access the consumer’s prepaid account held by a financial institution;

and (b) the person and the account-holding institution do not have an agreement regarding such

access. These special rules are discussed in 12 CFR 1005.14 and the related commentary.

3.1 Financial institutions

The Prepaid Rule does not revise Regulation E’s definition of financial institution. The same

definition that applies to payroll card accounts and government benefit accounts prior to the

Prepaid Rule’s effective date applies to all prepaid accounts beginning April 1, 2019.

24 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Under Regulation E, a “financial institution” is any bank, credit union, savings association, or

any other person that either:

1. Directly or indirectly holds an account (including a prepaid account) belonging to a

consumer; or

2. Issues an access device and agrees with a consumer to provide EFT services. Under the

Prepaid Rule, a transfer resulting from a prepaid card transaction is an EFT regardless of

whether the transfer is initiated through an electronic terminal. 12 CFR 1005.3(b)(1)(v);

comment 1005.2(b)(3)(i)-1. Therefore, a person meets this second prong of the definition of

“financial institution” if the person issues a prepaid card or other access device and agrees

with the consumer that the prepaid card or other access device may be used to conduct

transactions authorizing the person to debit or credit the consumer’s prepaid account.

12 CFR 1005.2(i).

For purposes of Regulation E, financial institutions are not limited to banks, credit unions, or

savings associations. Persons, such as

natural persons, corporations, government

agencies, estates, trusts, partnerships,

proprietorships, cooperatives, associations,

and other organizations, can be financial

institutions.

12 CFR 1005.2(i) and (j).

Additionally, under Regulation E, a

government agency is a financial institution

if the agency directly or indirectly issues an

access device to a consumer for use in

initiating an EFT of certain government

benefits from a government benefit account.

12 CFR 1005.15(a)(1).

Typically, employers and third-party service

providers do not meet the definition of a “financial institution” subject to Regulation E because

However, for purposes of the Prepaid Rule, financial institutions generally do not include motor vehicle dealers that

are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles,

or both. See section 1029 of the Dodd-Frank Act. 12 CFR 1005.2(i).

If two or more financial institutions jointly

provide EFT services to consumers, they may

contract among themselves to comply with

Regulation E’s requirements, as amended by

the Prepaid Rule. 12 CFR 1005.4(d).

As noted in Section 1.2, this guide focuses on the

Prepaid Rule. It does not discuss all of the legal

or regulatory requirements that may apply to

prepaid accounts or the entities involved in

offering prepaid accounts. Even if an entity is

not a financial institution or issuer under the

Prepaid Rule, it may need to meet other

requirements with regard to prepaid accounts.

25 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

they neither hold prepaid accounts nor issue prepaid cards and agree with consumers to provide

EFT services in connection with prepaid accounts. However, to the extent an employer or

service provider undertakes either of these functions, it would be deemed a financial institution

under Regulation E. Comment 1005.18(a)-2.

Generally, this guide does not differentiate between government agencies and other financial

institutions when discussing provisions that apply to government agencies and other financial

institutions. However, when a provision only applies to a government benefit account or if the

provision applies differently to government agencies than it does to other financial institutions, this

guide uses the term “government agency,” not the broader term “financial institution.”

3.1.1 Issuers subject to Section 1005.19 of

Regulation E

The Prepaid Rule adds new requirements that apply to “issuers” of prepaid accounts. These new

requirements are found in Section 1005.19 of Regulation E, and are discussed in Section 14 of

this guide. For purposes of these new requirements, the Prepaid Rule defines an “issuer” as the

entity to which a consumer is legally obligated or would be legally obligated under the terms of a

prepaid account agreement. 12 CFR 1005.19(a)(4).

Example: Ficus Bank and Birch Bank work together to issue prepaid accounts. A

consumer obtains a prepaid account issued pursuant to this arrangement through a

link on Birch Bank’s website. The prepaid account agreement states “This is an

agreement between you, the consumer, and Ficus Bank. This agreement governs the

terms of your Prepaid Account.” Birch Bank’s logo is featured on the front of the

prepaid card that the consumer receives. For purposes of the new requirements in

Section 1005.19, the issuer is Ficus Bank,, because the agreement creates a legally

enforceable obligation between the consumer and Ficus Bank.

26 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4. Pre-acquisition

disclosures

Generally, the Prepaid Rule requires a financial institution to provide a consumer with the

following before the consumer acquires the prepaid account:

 A short form disclosure;

 Certain information disclosed outside but in close proximity to the short form disclosure;

and

 A long form disclosure.

The short form disclosure must set forth certain key fees and other information about the

prepaid account, and must be in a specific format. Outside but in close proximity to the short

form disclosure, a financial institution must disclose its name, the name of the prepaid account

program, any purchase price for the prepaid account, and any fee for activating the prepaid

account. The long form disclosure must set forth all fees that may be imposed in connection

with the prepaid account, and the conditions under which they may be imposed, as well as

certain other information about the prepaid account. The long form disclosure also has certain

formatting requirements. 12 CFR 1005.18(b).

Section 4.2 discusses the short form disclosure, Section 4.3 discusses the information that must

be disclosed outside but in close proximity to the short form disclosure, and Section 4.4

discusses the long form disclosure. General requirements that apply to these pre-acquisition

disclosures are discussed in Section 4.1.

Unless otherwise noted, when this guide refers to “pre-acquisition disclosures” it is referring to

the short form disclosure, long form disclosure, and the information that must be disclosed

outside but in close proximity to the short form disclosure.

27 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.1 General requirements

4.1.1 Written disclosures

Generally, Regulation E requires a financial institution to provide disclosures in writing, but

permits a financial institution to provide them in electronic form subject to compliance with the

consumer consent and other applicable provisions of the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. 7001 et seq. (E-Sign Act). 12 CFR 1005.4(a)(1) and related

commentary. The Prepaid Rule modifies this general rule. It requires a financial institution to

provide the pre-acquisition disclosures electronically when the consumer acquires the prepaid

account through electronic means, such as via a website or mobile application, unless the

financial institution has provided the pre-acquisition disclosure in writing before the consumer

acquires the prepaid account. It also requires oral disclosures in certain circumstances.

The Prepaid Rule provides that electronic pre-acquisition disclosures for prepaid accounts

acquired through electronic means need not meet the consumer consent and other applicable

provisions of the E-Sign Act. Thus, the Prepaid Rule addresses certain requirements for

providing written and electronic disclosures separately. It also addresses specific requirements

for pre-acquisition disclosures provided orally. 12 CFR 1005.18(b)(6)(i)(B) and (C); comment

1005.18(b)-1. Section 4.1.2 includes more information regarding the Prepaid Rule’s

requirement to provide electronic or oral pre-acquisition disclosures in certain circumstances.

All text used in the short form disclosure or long form disclosure must be in a single, easy-to-

read type that is all black or one color. The text must be printed on a background that provides a

clear contrast to the easy-to-read type. 12 CFR 1005.18(b)(7)(ii)(A).

4.1.2 Circumstances requiring electronic or oral

disclosures

Required electronic disclosures

A financial institution must provide the pre-acquisition disclosures electronically when the

consumer acquires the prepaid account through a website, mobile application, or other

electronic means, unless the financial institution has provided those disclosures in writing prior

to the consumer’s acquisition of the prepaid account. Thus, if a financial institution provides

written pre-acquisition disclosures to a consumer before the consumer acquires a prepaid

28 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

account, the financial institution is not required to provide them again at the time that the

consumer acquires the prepaid account via a website, mobile application, or other electronic

means. 12 CFR 1005.18(b)(6)(i)(B); comment 1005.18(b)(6)(i)-1.

Additionally, if a financial institution relies on the retail location exception, which is discussed in

Section 4.1.4, among other requirements, the financial institution is required to make an

electronic version of the long form disclosure available on a website (and via telephone), and

must include in the short form disclosure a statement that includes an address for the website

where the consumer may access the

electronic version of the long form

disclosure. 12 CFR 1005.18(b)(6)(i)(B).

When the Prepaid Rule requires electronic

disclosures, the financial institution need not

meet the consumer notice and consent

provisions of the E-Sign Act. 12 CFR

1005.18(b)(6)(i)(B); comment 1005.18(b)-1.

Required oral disclosures

A financial institution must orally provide the short form disclosure and the information

required outside but in close proximity to the short form disclosure at the time that the

consumer acquires a prepaid account by telephone, unless the financial institution has provided

those disclosures in writing prior to the

consumer’s acquisition of the prepaid

account. If a financial institution provides

the short form disclosure and the

information required to be disclosed outside

but in close proximity to the short form

disclosure in writing before the consumer

acquires the prepaid account, it is not required to provide them again orally by telephone at the

time of acquisition. 12 CFR 1005.18(b)(6)(i)(C).

The financial institution is not required to provide the long form disclosure orally at the time

that the consumer acquires the prepaid account by telephone. However, it must make the

information in the long form disclosure available both by telephone and on a website, and must

tell the consumer orally that the information is available through those means. The financial

The Prepaid Rule does not require that initial

disclosures, as opposed to pre-acquisition

disclosures, be provided electronically.

Therefore, a financial institution must

comply with the E-Sign Act when providing

initial disclosures in electronic form, even if

the prepaid account is acquired through

electronic means.

Prepaid accounts acquired by a mobile device

without speaking to a customer service agent

or using an interactive voice response (IVR)

system are not acquired orally by telephone

for purposes of the Prepaid Rule. Comment

1005.18(b)(1)(iii)-1.

29 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

institution is also required to provide the long form disclosure after the consumer acquires the

prepaid account. 12 CFR 1005.18(b)(1)(iii).

Similarly, if a financial institution relies on the retail location exception, which is discussed in

Section 4.1.4, among other things, the financial institution is required to make the long form

disclosure available orally by telephone (and via a website), and must include in the short form

disclosure a statement that includes the telephone number where the consumer may access an

oral version of the long form disclosure. 12 CFR 1005.18(b)(6)(i)(C).

4.1.3 Requirements for disclosures provided in

electronic form

Under the Prepaid Rule, electronic pre-acquisition disclosures must be viewable regardless of

screen size and use machine readable text that is accessible via web browsers or mobile

applications (as applicable), and via screen readers. They must be provided in a responsive form

and in a manner that is reasonably expected to be accessible to the consumer given the way that

the consumer is acquiring the prepaid account. 12 CFR 1005.18(b)(6)(i)(B). For example, when

acquiring a prepaid account via a website or mobile application, it would be reasonable to expect

the consumer would be able to access the disclosures on the first page or via a direct link from

the first page of the website or mobile application. To be provided in a responsive form,

electronic disclosures must be provided in a way that responds to different screen sizes, for

example, by stacking elements of the disclosures in a manner that accommodates viewing on

smaller screens while still meeting other formatting requirements. For example, if a consumer

acquires a prepaid account using a mobile device, the screen may be too small to accommodate

the requirements that certain disclosures appear in a certain type size and also in a single line of

text. In such cases, the financial institution is permitted to display the disclosures by stacking

them in a way that responds to the smaller screen size while still meeting other formatting

requirements. Comment 1005.18(b)(6)(i)(B)-2. For additional information on stacking

disclosures, see the web-based source code available at

https://github.com/cfpb/prepaid-

disclosure-files.

4.1.4 Timing for providing pre-acquisition disclosures

Except as noted below in this section, a financial institution must provide a consumer with the

pre-acquisition disclosures before the consumer purchases, opens, or chooses to be paid via a

prepaid account (i.e., before the consumer acquires the prepaid account). 12 CFR 1005.18(b)(1);

30 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

comment 1005.18(b)(1)(i)-1. Generally, a disclosure has not been provided before the consumer

acquires the prepaid account if the consumer cannot see or access the disclosures before

acquiring the prepaid account (e.g., the short form disclosure cannot be reviewed because it is

inside the packaging material accompanying a prepaid account’s access device). Comment

1005.18(b)(1)(ii)-2.

If a financial institution provides the pre-acquisition disclosures electronically, it may provide

them before or after the consumer has started the electronic process for acquiring the prepaid

account, but must provide them before the consumer chooses to accept the prepaid account.

The consumer must be required to view the web page containing the electronic pre-acquisition

disclosures before choosing to accept the prepaid account. Comment 1005.18(b)(1)(i)-2.

If the consumer acquires a prepaid account orally by telephone, the short form disclosure and

information required to be disclosed outside but in close proximity to the short form disclosure

must be provided before the consumer acquires the prepaid account. The financial institution

may provide them after the consumer has initiated the purchase of a prepaid account, but must

provide them before the consumer acquires the prepaid account. Comment 1005.18(b)(6)(i)(C)-

1. For information on providing the long form disclosure for prepaid accounts acquired orally

by telephone, see the discussion below.

Examples: A consumer goes to a bank branch and asks about obtaining a prepaid

account. A customer service representative provides the consumer with the pre-

acquisition disclosures. The consumer can access and read the disclosures. After

receiving the disclosures, the consumer opens the prepaid account. The consumer has

received the pre-acquisition disclosures in compliance with the Prepaid Rule’s timing

requirement.

31 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Examples (cont’d): During orientation for new employees, an employer informs new

employees that they can receive wages by check or payroll card account. While

discussing these two options for receiving wages at the orientation, the employer

distributes pre-acquisition disclosures for the payroll card accounts to all new

employees. The next day, a new employee informs the employer that she chooses to be

paid wages via a payroll card account. The employee has received the pre-acquisition

disclosures in compliance with the Prepaid Rule’s timing requirement.

During orientation for new employees, an employer informs new employees that they

can receive wages by check or payroll card account. At the orientation, an employee

signs a form indicating that he chooses to be paid wages via a payroll card account, but

the employer does not provide the employee with any pre-acquisition disclosures for the

payroll card account until the end of the employee’s first pay period. The employee has

not received the pre-acquisition disclosures in compliance with the Prepaid Rule’s

timing requirement.

A government agency provides a consumer with information about eligibility to receive

government benefits. Along with this eligibility information, the government agency

provides the consumer with information letting the consumer know that the consumer

can receive benefits via a government benefit account. The agency also provides a

prepaid card that has not been activated and pre-acquisition disclosures to review. The

consumer informs the government agency that he would like to receive the benefits via a

government benefit account after receiving the disclosures. The consumer has received

the pre-acquisition disclosures in compliance with the Prepaid Rule’s timing

requirement.

A consumer visits a financial institution’s website to purchase a prepaid account. The

landing page for the website lists various products, including prepaid accounts. A link

connects to a web page that contains some information about prepaid accounts, but

does not include the pre-acquisition disclosures. However, before the consumer can

purchase a prepaid account, the consumer must view one or more web pages that

contain the pre-acquisition disclosures. The consumer has received the pre-acquisition

disclosures in compliance with the Prepaid Rule’s timing requirement

32 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

If a financial institution or third party disbursing funds to a consumer via a prepaid account

(other than a payroll card account or government benefit account) does not offer any alternative

means to receive those funds, the financial institution may provide the pre-acquisition

disclosures at the time that the consumer receives the prepaid account, rather than before the

consumer acquires it. 12 CFR 1005.18(b)(1)(i); comment 1005.18(b)(1)(i)-1.ii. See Section 12 for

requirements that apply to the issuance of an unsolicited device, and Section 13 for the

prohibition on compulsory use as a condition of employment or for the receipt of a government

benefits.

The Prepaid Rule has two additional exceptions to the general timing requirement for pre-

acquisition disclosures, but these two exceptions only apply to the long form disclosure. There

is one exception that applies to prepaid accounts obtained in retail locations and another

exception that applies to prepaid accounts obtained orally by telephone. 12 CFR

1005.18(b)(1)(ii) and (iii). These exceptions are discussed immediately below.

Retail location exception

A financial institution is not required to provide the long form disclosure before a consumer

acquires a prepaid account if all of the following conditions are satisfied:

1. The consumer acquires the prepaid account in person at a retail location. For this

purpose, a retail location is a store or other physical site where a consumer can purchase a

prepaid account in person. The store or other physical location must be operated by an

entity other than the financial institution that issues the prepaid account. The retail location

Example: A utility company refunds consumers’ initial deposits for utility services via

prepaid accounts delivered to consumers by mail. Ficus Bank is the financial institution

that issues these prepaid accounts. Neither the utility company nor Ficus Bank offers

another means for a consumer to receive a refund other than by accepting the prepaid

account. Ficus Bank may provide the pre-acquisition disclosures with the prepaid

account (e.g., it may provide the pre-acquisition disclosures in the same envelope as the

prepaid card). Ficus Bank is not required to separately deliver the disclosures prior

delivery of the prepaid card.

33 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

exception does not apply to payroll card accounts offered to consumers working in retail

locations. 12 CFR 1005.18(b)(1)(ii); comment 1005.18(b)(1)(ii)-1.

2. The prepaid account access device is contained inside the packaging material. 12 CFR

1005.18(b)(1)(ii)(A).

3. The short form disclosure is provided on or is visible through the outward-facing, external

surface of the packaging material for the prepaid account’s access device. The consumer

must be able to see or access the short form disclosure before acquiring the prepaid account.

12 CFR 1005.18(b)(1)(ii)(B); comment 1005.18(b)(1)(ii)-2.

4. The short form disclosure includes information that allows the consumer to access the

long form disclosure by telephone and via a website. It may also include information that

allows the consumer to obtain the long form disclosure via SMS. The financial institution

may use an IVR or similar system to make the long form disclosure available by telephone,

or a customer service agent may provide it orally by telephone. The financial institution is

not required to comply with the E-Sign Act’s consumer consent and notice provisions when

providing the long form disclosure on a website for this purpose. 12 CFR

1005.18(b)(1)(ii)(C) and (b)(2)(xiii); comment 1005.18(b)(1)(ii)-4.

5. The financial institution provides the long form disclosure to the consumer after the

consumer acquires the prepaid account. 12 CFR 1005.18(b)(1)(ii)(D). A financial institution

can provide the long form disclosure electronically without regard to the E-Sign Act’s

consumer notice and consent requirements if the financial institution:

• Does not provide the long form disclosure inside the prepaid account packaging

material; and

• Is not otherwise mailing or delivering to the consumer written account-related

communications within 30 days of obtaining the consumer’s contact information.

However, a financial institution is not required to provide the long form

disclosure to satisfy this condition if it has not obtained a consumer’s contact

information. A financial institution has obtained a consumer’s contact

information, for example, when it has the consumer’s mailing or email address.

Comment 1005.18(b)(1)(ii)-4.

12 CFR 1005.18(b)(1)(ii)(D).

34 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Exception for prepaid account acquired orally by telephone

There is a separate exception to the timing requirements for a prepaid account acquired orally

by telephone. 12 CFR 1005.18(b)(1)(iii). A financial institution does not need to provide the

long form disclosure before the consumer acquires the prepaid account if all of the following are

satisfied:

1. The consumer acquires the prepaid account orally by telephone. A consumer acquires a

prepaid account orally by telephone when the consumer speaks to a customer service agent

or communicates with an IVR or similar system to provide personally identifiable

information to acquire the account. A consumer does not acquire a prepaid account orally

by telephone when a consumer acquires the account using a mobile device without speaking

to a customer service agent or communicating with an automated system. 12 CFR

1005.18(b)(1)(iii); comment 1005.18(b)(1)(iii)-1.

2. Before the consumer acquires the prepaid account, the financial institution tells the

consumer orally that the long form disclosure is available by telephone and on a website. 12

CFR 1005.18(b)(1)(iii)(A).

3. The financial institution makes the long form disclosure available by telephone and via a

website. The financial institution may use an IVR or similar system to make the long form

disclosures available by telephone. Comment 1005.18(b)(1)(iii)-2. The financial institution

is not required to comply with the E-Sign Act’s consumer consent and notice provisions

when providing the long form disclosure on a website for this purpose. 12 CFR

1005.18(b)(1)(iii)(B).

Examples: Ficus Bank offers prepaid accounts in its branches. It issues the prepaid

accounts it offers. Ficus Bank cannot rely on the retail location exception for the prepaid

accounts it offers in its branches, and must provide all the pre-acquisition disclosures

before a consumer acquires a prepaid account.

A large chain retailer offers prepaid accounts at its stores. Ficus Bank issues the prepaid

accounts offered at the stores. If the other requirements for the retail location exception

are met, Ficus Bank does not need to provide the long form disclosure before the

consumer purchases a prepaid account at the store, but must provide the short form

disclosure and the information required to be provided outside but in close proximity to

the short form disclosure before the consumer purchases a prepaid account.

35 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4. The financial institution provides the long form disclosure after the consumer acquires the

prepaid account. 12 CFR 1005.18(b)(1)(iii)(C).

4.1.5 Retainable form

Generally, a financial institution must provide

pre-acquisition disclosures in a form that a

consumer can keep (i.e., in a retainable form).

12 CFR 1005.18(b)(6)(ii). However, in the

following circumstances the specified pre-

acquisition disclosures do not need to be

provided in a form the consumer can keep:

1. The pre-acquisition disclosure is

provided orally when the Prepaid Rule

permits or requires disclosures to be

provided orally.

2. The long form disclosure is provided via SMS for a prepaid account sold at a retail

location pursuant to the retail location exception.

3. The disclosure of the purchase price is not provided on the exterior of the access device’s

packaging material for a prepaid account sold at a retail location pursuant to the retail

location exception.

12 CFR 1005.18(b)(6)(ii).

4.1.6 Segregated disclosures

The short form disclosure must be segregated from other information. It can only contain

information that is required or specifically permitted by the Prepaid Rule. 12 CFR

1005.18(b)(7)(iii). However, other information may be provided on the same page as the short

form disclosure as long as that other information is outside the confines of the short form

disclosure. This other information may include the information required to be disclosed outside

but in close proximity to the short form disclosure, additional disclosures required by state law,

or any other information the financial institution wants to provide about the prepaid account.

Comment 1005.18(b)(7)(iii)-1.

A short form disclosure that has a tear strip

running through it would not be in retainable

form because the use of the tear strip would

destroy a portion of the disclosure.

Comment 1005.18(b)(6)(ii)-1.

Electronic disclosures are retainable if the

consumer can print, save, and email the

disclosures from the website or mobile

application on which they are displayed.

Comment 1005.18(b)(6)(ii)-1.

36 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Similarly, the long form disclosure must be segregated from other information. It can only

contain information that is required or specifically permitted by the Prepaid Rule. 12 CFR

1005.18(b)(7)(iii). However, the long form disclosure may be provided on the same page or in

the same document as other disclosures or information. For example, the long form disclosure

could be provided as part of a larger document, such as the prepaid account agreement.

Comment 1005.18(b)(7)(iii)-1.

4.1.7 Consistent terminology

Fee names and other terms must be used consistently within and across all pre-acquisition

disclosures for each prepaid account program. 12 CFR 1005.18(b)(8). For example, a financial

institution should not use one name for a particular fee (e.g., inactivity fee) in the short form

disclosure and a different name for the same fee (e.g., dormancy fee) in the long form disclosure.

Comment 1005.18(b)(8)-1. The Prepaid Rule does not, however, require a financial institution

to use consistent terminology across all of its prepaid account programs.

4.1.8 Foreign language pre-acquisition disclosures

A financial institution must provide pre-acquisition disclosures in a foreign language if the

financial institution uses that same foreign language in connection with the acquisition of a

prepaid account in any of the following circumstances:

1. The financial institution principally

uses a foreign language on the prepaid

account packaging material. 12 CFR

1005.18(b)(9)(i)(A). If the financial

institution principally uses a foreign

language on the packaging material of a

prepaid account sold in a retail location

or distributed at a bank or credit union,

it must provide the pre-acquisition

disclosures for that prepaid account in

that same foreign language, even if a few

words appear in English on the packaging. Comment 1005.18(b)(9)-1.i. Whether the

foreign language is principally used is determined with regard to the specific packaging

material. The determination is not made at the prepaid account program level or across the

financial institution’s activities as a whole. Comment 1005.18(b)(9)-2.

For example, a financial institution is not

principally using a foreign language in

connection with a prepaid account for

purposes of 12 CFR 1005.18(b)(9)(i) if the

financial institution’s only use of the foreign

language in connection with the prepaid

account is to notify consumers that all

account-related documentation will be

provided in English.

37 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2. The financial institution principally uses a foreign language to advertise, solicit, or

market a prepaid account and provides a means in the advertisement, solicitation, or

marketing material that the consumer uses to acquire the prepaid account by telephone or

electronically. 12 CFR 1005.18(b)(9)(i)(B). Any commercial message (appearing in any

medium) that directly or indirectly promotes the availability of prepaid accounts constitutes

advertising, soliciting, or marketing. Such commercial messages include electronic

messages, telephone and email solicitations, television and radio commercials, and printed

advertisements in leaflets, promotional flyers, newspapers, and magazines. Comment

1005.18(b)(9)-3.

Examples: Ficus Bank promotes a prepaid account in a leaflet. The leaflet is principally

in Spanish, and includes an address for a website that a consumer can visit to acquire the

prepaid account. A consumer visits the website included in the leaflet. The website,

including the text used in the process to purchase the prepaid account, is in Spanish. The

consumer proceeds to purchase the prepaid account promoted in the leaflet. Ficus Bank

must provide the pre-acquisition disclosures for the prepaid account to the consumer in

Spanish.

Birch Bank advertises a prepaid account in a printed advertisement. The advertisement is

principally in Korean. The advertisement does not include a website address or telephone

number that the consumer can use to acquire a prepaid account. The Prepaid Rule does

not require Birch Bank to provide the pre-acquisition disclosures in Korean for the prepaid

account.

Birch Bank also advertises a prepaid account in radio commercials. The radio

commercials are principally in Korean, and include a telephone number that a consumer

can call to acquire the prepaid account. If a consumer calls the telephone number, he or

she has the option to proceed with the acquisition process in English or in Korean. A

consumer calls and selects the English option, and completes the process to acquire the

prepaid account in English. The Prepaid Rule does not require Birch Bank to provide pre-

acquisition disclosures in Korean to this consumer because the consumer chose to proceed

with the acquisition process in English.

38 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

3. The financial institution provides a means for the consumer to acquire a prepaid account

by telephone or electronically principally in a foreign language. 12 CFR 1005.18(b)(9)(i)(C).

Generally, the financial institution is required to provide the pre-acquisition disclosures in a

foreign language if the process to acquire the prepaid account—whether by telephone or

electronically—is conducted principally in that foreign language. However, the Prepaid Rule

does not require the financial institution to provide the pre-acquisition disclosures in a

foreign language if the consumer calls the financial institution’s customer service line and

speaks to a customer service representative in a foreign language, unless the customer

service representative proceeds with the prepaid account acquisition process in a foreign

language. Comment 1005.18(b)(9)-1.ii.B. It does not require the financial institution to

provide the pre-acquisition disclosures in a foreign language if the consumer visits the

financial institution’s branch and speaks to an employee in person, even if the consumer

acquires the prepaid account in a foreign language. Comment 1005.18(b)(9)-1.ii.A.

Additionally, the Prepaid Rule does not require the financial institution to provide the pre-

acquisition disclosures for a payroll card account or government benefit account in a foreign

language if the consumer acquires the payroll card account or government benefit account

by telephone via a real-time language interpretation service provided by a third party, or by

the employer or government agency on an informal or ad hoc basis as an accommodation to

prospective accountholders. 12 CFR 1005.18(b)(9)(i)(C).

Examples: A consumer visits one of Ficus Bank’s branch locations in person and

speaks to an employee in Spanish about acquiring a prepaid account. The prepaid

account packaging material is in English. The consumer proceeds with the acquisition

process in Spanish. The Prepaid Rule does not require Ficus Bank to provide pre-

acquisition disclosures in Spanish.

39 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Examples (cont’d): A consumer calls Ficus Bank and speaks to a customer service

representative about acquiring a prepaid account. The customer service representative

gives the consumer the option to proceed with the prepaid account acquisition process

in Spanish or English. The consumer chooses to proceed in Spanish. Ficus Bank must

orally provide the short form disclosure and the information required to be disclosed

outside but in close proximity to the short form disclosure in Spanish. The financial

institution must make available the long form disclosure in Spanish via telephone and

on a website, and the customer service representative must tell the consumer that the

long form information is available through those means. Ficus Bank must provide the

long form disclosure in Spanish to the consumer after the consumer acquires the

prepaid account.

A consumer calls a government agency to enroll in a government benefits program. The

government agency’s telephone system does not provide an option for consumers to

proceed in a foreign language. A customer service representative who is an employee of

the government agency assists the consumer with the enrollment process over the

telephone, including helping the consumer acquire a government benefits account. The

employee happens to speak Spanish, which is the language in which the consumer is

most comfortable communicating. The employee chooses to communicate with the

consumer in Spanish to facilitate the enrollment process. The government agency is

not required to provide the pre-acquisition disclosures in Spanish because the employee

offered language interpretation assistance on an informal or ad hoc basis to

accommodate the consumer.

If a financial institution is required to provide the pre-acquisition disclosures in a foreign

language, the financial institution must also provide the information required to be disclosed in

the long form disclosure in English upon a consumer’s request and on any part of its website

where it discloses this information in a foreign language. 12 CFR 1005.18(b)(9)(ii).

4.2 Short form disclosure

The short form disclosure sets forth certain key fees and other information about a prepaid

account. Section 4.2.1 discusses the fees that must be disclosed in every short form disclosure.

40 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The Prepaid Rule contains specific requirements about how these fees are disclosed in the short

form disclosure, including requirements related to variable fees, third-party fees, and finance

charges imposed in connection with an overdraft credit feature offered in connection with a

prepaid account. These requirements are discussed in Section 4.2.2.

The short form disclosure must also include certain information about additional fee types.

Section 4.2.3 discusses additional fee types and how to disclose the required information about

them.

The other required information that must be included in the short form disclosure is discussed

in Sections 4.2.4 through 4.2.7. Additional information that must be disclosed for payroll card

accounts is discussed in Section 4.2.8, and additional information that must be disclosed for

government benefit accounts is discussed in Section 4.2.9. Optional content for other types of

prepaid accounts is discussed in Section 4.2.10.

The Prepaid Rule also includes specific form and formatting requirements for the short form

disclosure. These requirements are discussed in Section 4.2.11.

The Prepaid Rule includes Model Forms A-10(a) through A-10(e), which illustrate the short

form disclosure. The Model Forms are available at

www.consumerfinance.gov/policy-

compliance/guidance/implementation-guidance/prepaid-rule/. Native design files for printed

short form disclosures and source code for web-based short form disclosures are available at

github.com/cfpb/prepaid-disclosure-files.

4.2.1 Static fees

The short form disclosures for all prepaid accounts must include information about certain fees,

referred to as “static fees.” 12 CFR 1005.18(b)(2). The short form disclosure must include

information about each static fee, even if the particular feature for which the fee is charged is not

offered for the prepaid account or if there is no cost to the consumer associated with that

feature. If a feature is not offered in connection with the prepaid account, the financial

institution must disclose the amount of the fee for that feature as “N/A.” Comment

1005.18(b)(2)-1. The static fees, which are the periodic fee, per purchase fee, ATM withdrawal

fees, cash reload fee, ATM balance inquiry fees, customer service fees, and inactivity fee, are

each discussed below. 12 CFR 1005.18(b)(2)(i) through (vii).

41 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

As discussed in Section 4.2.2, if a static fee disclosed in the short form disclosure could vary, the

financial institution must disclose the highest amount that may be imposed for that fee.

Generally, for such variable fees, the fee amount must be followed by a symbol, such as an

asterisk, linked to a statement explaining that the amount of the fee could be lower depending

on how and where the card is used.

Periodic fee

The financial institution must disclose a periodic fee, which is the fee for holding the prepaid

account for a specific period. The period could be a month, a year, or another timeframe. The

financial institution must disclose the appropriate timeframe for which the periodic fee is

charged, using “Monthly fee,” “Annual fee,” or a substantially similar term. 12 CFR

1005.18(b)(2)(i); comment 1005.18(b)(2)(i)-1.

As discussed in Section 4.2.2, if the periodic fee may vary, the financial institution must disclose

the highest amount that the financial institution could charge for the fee, but it has two options

for disclosing the variance. The financial institution may treat the periodic fee like any other fee

that could vary (i.e., disclose the highest amount followed by the same symbol that follows the

amount of other fees that can vary). Alternatively, the financial institution may disclose the

highest amount followed by a different symbol, such as a dagger (†). If the financial institution

uses a different symbol, that symbol must link to a separate statement disclosing the waiver or

reduced fee amount and the circumstances under which the reduction or waiver could occur. 12

CFR 1005.18(b)(3)(ii).

Per purchase fee

The financial institution must disclose a per purchase fee, which is the fee for making a purchase

with the prepaid account. The financial institution must use “Per purchase” or a substantially

similar term. 12 CFR 1005.18(b)(2)(ii).

Example: Ficus Bank does not charge a periodic fee for its prepaid accounts. Because

the periodic fee is a static fee, Ficus Bank must include a periodic fee disclosure in its

short form disclosure for the prepaid accounts. It could disclose the periodic fee as a

“Monthly fee” or an “Annual fee” and must disclose the fee amount as $0.

42 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

ATM withdrawal fees

The financial institution must disclose information about two fees for withdrawing cash from a

prepaid account using an ATM located in the United States. Specifically, it must disclose

information about a fee charged for such a withdrawal at an ATM within the financial

institution’s network or a network affiliated with the financial institution, using “ATM

withdrawal” and “in-network” or substantially similar terms. It must also disclose a fee charged

for such a withdrawal at an ATM outside the financial institution’s network or a network

affiliated with the financial institution, using “out-of-network” or a substantially similar term.

12 CFR 1005.18(b)(2)(iii).

Alternatively, if the financial institution charges the same amount for all withdrawals at ATMs

located in the United States, it can disclose one fee amount (instead of disclosing the same fee

amount twice), and does not need to include the two tiers “in-network” and “out-of-network” in

the short form disclosure. Comment 1005.18(b)(3)(iii)-1.

Examples: Ficus Bank charges $1 for each withdrawal at an ATM located within the

United States, whether at its own ATM or at an ATM outside of its network. In the

short form disclosure, Ficus Bank can list $1 under the fee heading for “ATM

withdrawal.” It does not need to include both “in-network” and “out-of-network” in the

short form disclosure.

Birch Bank offers prepaid accounts that cannot be used to obtain cash from ATMs. The

short form disclosure for the prepaid accounts must either list “ATM withdrawal” and

disclose the fee amount as “N/A” or separately list “N/A” for the “in-network” ATM

withdrawal fee and the “out-of-network” ATM withdrawal fee.

The static fees do not include fees for initiating withdrawals at ATMs located outside of the

United States. However, the Prepaid Rule may require the financial institution to disclose the

international ATM withdrawal fees as an additional fee type. Comment 1005.18(b)(2)(iii)-1.

Section 4.2.3 discusses additional fee types.

43 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Cash reload fee

The financial institution must disclose a cash reload fee, which is a fee for reloading funds in the

form of cash into the prepaid account. 12 CFR 1005.18(b)(2)(iv). The cash reload fee includes

the cost of adding cash to a prepaid account at a point of sale (POS) terminal, the cost of

purchasing an additional card or other device on which cash is reloaded and then transferred to

the prepaid account, or any other method a consumer may use to reload cash into the prepaid

account. Comment 1005.18(b)(2)(iv)-1. Because it is only for cash reloads, it does not include

fees for reloading the prepaid account electronically or by check. Comment

1005.18(b)(2)(viii)(A)-2.i. Generally, the cash reload fee is disclosed using “Cash reload” or a

substantially similar term, but it may be disclosed using “Cash deposit” if the financial

institution permits cash deposits, such as at a bank branch, but does not permit cash reloads via

a third-party reload network. Comment 1005.18(b)(2)(iv)-2.

The cash reload fee must include the total of all charges that the financial institution and any

third party may charge for a cash reload. 12 CFR 1005.18(b)(3)(v). Any third-party fee included

in the amount of the cash reload fee must be the highest fee that the financial institution knows

a third party charges. The financial institution discloses the amount based on its knowledge at

the time that it prints or otherwise prepares the short form disclosure. 12 CFR 1005.18(b)(3)(v);

comment 1005.18(b)(3)(v)-1.

A financial institution is not required to revise its short form disclosure to reflect changes in a

third party’s cash reload fee until the financial institution manufactures, prints, or otherwise

produces new prepaid account packaging materials or otherwise updates its short form

disclosure. Likewise, the Prepaid Rule does not require the financial institution to immediately

Example: Ficus Bank contracts with two separate third-party reload networks for

reloading cash into its prepaid accounts. One third party charges $3.99 for each cash

reload, and the other charges $2.95 for each cash reload. Additionally, Ficus Bank

charges $1 for each cash reload. Ficus Bank must disclose $4.99 for the cash reload fee

(i.e., $3.99 plus $1), followed by a symbol, such as an asterisk, that links to a statement

informing the consumer that this fee can be lower depending on how and where the card

is used.

44 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

update its electronic and oral short form disclosure to reflect the change to a third-party cash

reload fee. It permits the financial institution to update the cash reload fee on its electronic and

short form disclosure when it next prints packaging materials for the prepaid account program

or otherwise updates its short form disclosure. 12 CFR 1005.18(b)(3)(v); comment

1005.18(b)(3)(v)-1.

ATM balance inquiry fees

The financial institution must disclose information about two fees for checking prepaid account

balances at ATMs located in the United States. 12 CFR 1005.18(b)(2)(v). Specifically, the

financial institution must disclose information about the fee it charges for a balance inquiry at

an ATM within its network or a network affiliated with it, using “ATM balance inquiry” and “in-

network” or substantially similar terms. The financial institution must also disclose a fee

charged for an inquiry at an ATM outside its network or a network affiliated with it, using “out-

of-network” or a substantially similar term. 12 CFR 1005.18(b)(2)(v).

Alternatively, if the financial institution charges the same amount for all prepaid account

balance inquiries at ATMs located in the United States, it can disclose one fee amount (instead

of disclosing the same fee amount twice), and does not need to include the two tiers “in-

network” and “out-of-network” on the short form disclosure. Comment 1005.18(b)(3)(iii)-1.

Example: Ficus Bank charges $1 for each balance inquiry at an ATM located within

the United States, whether at its own ATM or at an ATM outside of its network. In the

short form disclosure, Ficus Bank can list $1 after the fee heading “ATM balance

inquiry” without including “in-network” and “out-of-network” in the short form

disclosure.

The static fees do not include fees for balance inquiries at ATMs located outside of the United

States. However, the Prepaid Rule may require a financial institution to disclose international

ATM balance inquiry fees as an additional fee type. Comment 1005.18(b)(2)(v)-1. Section 4.2.3

discusses additional fee types.

45 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Customer service fees

The financial institution must disclose information about two fees for calling the financial

institution about the prepaid account. 12 CFR 1005.18(b)(2)(vi). It must disclose information

about a fee charged for calling an IVR system, using “Customer service” and “automated” or

substantially similar terms. It must also disclose information about a fee charged for calling a

live customer service agent, using “live agent” or a substantially similar term. If applicable, the

short form disclosure must inform the consumer that the fee is charged for each call, using “per

call” or a similar term. 12 CFR 1005.18(b)(2)(vi).

Alternatively, if the financial institution charges the same amount for all customer service calls,

it can disclose one fee amount (instead of disclosing the same fee amount twice), and does not

need to include the two tiers “automated” and “live agent” in the short form disclosure.

Comment 1005.18(b)(3)(iii)-1.

When providing a short form disclosure for a prepaid account program offering multiple service

plans, the financial institution discloses only the fee for calling the live agent customer service,

using the term “Live customer service” or a substantially similar term and, if applicable, “per

call” or a substantially similar term. The financial institution does not disclose a fee for

automated customer service in the short form disclosure for multiple service plans. 12 CFR

1005.18(b)(2)(vi) and (b)(6)(iii)(B)(2). More information on multiple service plans is provided

in Section 4.2.12.

Inactivity fee

The financial institution must disclose an inactivity fee, which is the fee it charges for non-use,

dormancy, or inactivity of the prepaid account. The financial institution must disclose the

inactivity fee using “Inactivity” or a substantially similar term. The financial institution must

also disclose the conditions under which it will impose the inactivity fee. 12 CFR

1005.18(b)(2)(vii).

Example: Ficus Bank imposes an inactivity fee of $1 per month after 12 months

without any transactions on a prepaid account. In the short form disclosure, Ficus

Bank may disclose “Inactivity (after 12 months with no transactions)” and “$1.00 per

month.”

46 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.2.2 Requirements for disclosing variable fees, third

party fees, and finance charges in the short form

disclosure

As noted above, the Prepaid Rule includes specific requirements for disclosing variable fees,

third-party fees, and finance charges. Each of these requirements is discussed below.

Variable fees

If the amount of any static fee disclosed in the short form disclosure may vary, the financial

institution must disclose the highest amount that may be imposed for that fee.

12 CFR

1005.18(b)(3)(i). Generally, the fee amount must be followed by a symbol, such as an asterisk,

linked to a statement explaining that the amount of the fee could be lower depending on how

and where the card is used. The linked statement must use the following or substantially similar

language: “This fee can be lower depending on how and where this card is used.” The financial

institution must use the same symbol and this single linked statement for all fees that could

vary. 12 CFR 1005.18(b)(3)(i). However, as discussed below, the financial institution is

permitted, but not required, to use a different symbol and statement for a variable periodic fee.

12 CFR 1005.18(b)(3)(i) and (ii). The short form disclosure cannot include information about

when a fee, other than the periodic fee, may be reduced or waived, but a financial institution

may provide such information elsewhere on prepaid account’s packaging or in other materials.

Detailed information about how the fee can be reduced or waived must be included in the long

form disclosure. Comment 1005.18(b)(3)(i)-1.

There is an exception to the requirement to disclose the highest amount that a financial institution may impose for a

fee. If the financial institution imposes a higher fee or charge in connection with a prepaid account with a covered

separate credit feature than the amount of a comparable fee or charge for any other prepaid account in the same

program, the financial institution discloses the amount of the comparable fee, not the higher fee. Comment

1005.18(b)(3)(vi)-1. This Section 4.2.2 and Sections 4.4.2 and 4.4.7 provide additional information on disclosing

finance charges in the short form and long form disclosures.

47 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Example: Ficus Bank has an IVR system that a consumer can call for information

about the consumer’s prepaid account. Ficus Bank does not charge a fee for using the

IVR system. A consumer can also call a live customer service agent for information

about the consumer’s prepaid account. Ficus Bank does not charge a fee for the first

three live customer service agent calls per month, but imposes a fee of $0.50 for each

additional live customer service agent call during the month. In the short form

disclosure, Ficus Bank discloses the automated customer service fee as $0, and the live

agent customer service fee as $0.50 followed by an asterisk. The asterisk links to a

statement that says “This fee can be lower depending on how and where this card is

used.” In the short form disclosure, Ficus Bank does not disclose that the fee is waived

for the first three calls to a live customer service agent during a given month, but this

detail is included in the long form disclosure. Ficus Bank has disclosed its customer

service fees in compliance with the Prepaid Rule. The Model Form A-10(d) illustrates

this for the short form disclosure.

Variable periodic fee

If the periodic fee may vary, the financial institution must disclose the highest amount that the

financial institution could charge for the periodic fee, but it has two options for disclosing the

variance. 12 CFR 1005.18(b)(3)(ii). The financial institution could treat the periodic fee like any

other fee that could vary (i.e., disclose the highest amount followed by the same symbol that

follows the amount of other fees that can vary, linked to the single statement that the fee could

be lower depending on how and where the card is used). Alternatively, the financial institution

could disclose the highest amount followed by a different symbol, such as a dagger (†), linked to

a separate statement disclosing the waiver or reduced fee amount and the circumstances under

which the reduction or waiver could occur. This linked separate statement must appear above

or in place of the linked statement for other variable fees, and may not take up more than one

line of text. 12 CFR 1005.18(b)(3)(ii); comment 1005.18(b)(3)(ii)-1.

48 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Third-party fees

In general, when disclosing fees in the short form disclosure, the financial institution may not

include any third-party fees. 12 CFR 1005.18(b)(3)(iv). However, for the cash reload fee, the

financial institution must disclose the total of all charges from the financial institution and any

third parties for the cash reload. 12 CFR 1005.18(b)(2)(iv) and (b)(3)(v). Section 4.2.1 provides

more information on disclosing cash reload fees.

Fees imposed by a third party for services performed on behalf of the financial institution are

not third-party fees and must be included in the fees disclosed in the short form disclosure. For

example, a program manager might perform the customer service function for a prepaid account

program and charge a fee for calls to a live agent. The customer service fee that the program

manager charges must be included in the customer service fees disclosed in the short form

disclosure because the program manager is performing the customer service function on behalf

of the financial institution. Comment 1005.18(b)(3)(iv)-1.

Finance charges

The short form disclosure must not include any finance charges imposed in connection with a

covered separate credit feature. 12 CFR 1005.18(b)(3)(vi); comment 1005.18(b)(2)-2. Section

15.3.2 provides information about covered separate credit features. For more information on

finance charges generally, see 12 CFR 1026.4 and the related commentary.

Example: Ficus Bank charges a monthly fee of $5.99 for holding a prepaid account. It

waives this periodic fee if the consumer receives a direct deposit into the prepaid

account or conducts 30 or more transactions during a month. Ficus Bank discloses a

periodic fee of $5.99 followed by a dagger, which links to a statement that says “No

monthly fee with direct deposit or 30 transactions per month.” This statement appears

directly above the linked statement related to other variable fees. Ficus Bank has

disclosed the periodic fee in compliance with the Prepaid Rule. The Model Form A-10(c)

illustrates this disclosure. Alternatively, Ficus Bank could have disclosed the periodic

fee of $5.99 followed by an asterisk that linked to the statement that “This fee can be

lower depending on how and where this card is used.”

49 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.2.3 Additional fee types

The short form disclosure must include certain information about “additional fee types.” This

information generally includes two separate disclosures and a transitional statement directing a

consumer to the second of these two disclosures. The first disclosure regarding additional fee

types informs the consumer of the number of additional fee types that the financial institution

may charge with respect to the prepaid account program. The second disclosure generally lists

the two additional fee types that generated the highest revenue from consumers during the

previous 24 months. The transitional statement directs the consumer to this second disclosure

listing the additional fee types.

Determining the additional fee types for a prepaid account program

In order to make the disclosures discussed in this Section 4.2.3, a financial institution must

determine the “additional fee types” it may charge with respect to a prepaid account. A “fee

type” is a general category under which the financial institution might charge a fee or fees to

consumers. The financial institution may charge one or more fee variations under a fee type.

Fee types are not the same thing as fees or fee variations. Comment 1005.18(b)(2)(viii)(A)-2.

Example: Ficus Bank charges consumers to replace a lost, stolen, or damaged

prepaid card. Ficus Bank charges $5 to replace the card and send it via regular

delivery. It charges $10 to replace the card and send it via expedited delivery. The fee

type is card replacement, because it is the category under which Ficus Bank charges

regular and expedited delivery replacement fees. Regular delivery and expedited

delivery are fee variations within the fee type of card replacement.

Not all fee types that the financial institution may charge the consumer are considered

additional fee types. Fees otherwise required to be disclosed in or outside but in close proximity

to the short form disclosure are not additional fee types. Comments 1005.18(b)(2)(viii)(A)-1.i

and 18(b)(2)(ix)(A)-1. The following types of fees are not included in the disclosure of the

number of additional fee types or the disclosure listing additional fee types:

50 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. Static fees. Additional fee types do not

include static fees. Comments

1005.18(b)(2)(viii)(A)-1 and

18(b)(2)(ix)(A)-1. The static fees are

discussed in Section 4.2.1. Fees that bear

a relationship to, but are separate from,

the static fees are considered additional

fee types. For example, the ATM

withdrawal fees and ATM balance inquiry

fees that are disclosed as static fees on the

short form disclosure do not include fees for withdrawals or balance inquiries at ATMs

located outside the United States. Therefore, fees for withdrawals and fees for balance

inquiries at ATMs located in foreign countries are additional fee types. Although a fee for

reloading funds in the form of cash is a static fee, fees for reloading funds electronically or by

check are additional fee types. Similarly, certain fees for accessing the funds in a prepaid

account, such as per purchase fees and fees for ATM withdrawal in the United States are

static fees, but fees for electronic withdrawals, teller withdrawals, cash back at POS, or

refunds at account closure are additional fee types. Comments 1005.18(b)(2)(viii)(A)-1

through -2 and (b)(2)(ix)(A)-1.

2. Finance charges. Additional fee types do not include finance charges that may be

imposed in connection with a covered separate credit feature. 12 CFR

1005.18(b)(2)(viii)(A)(2) and (b)(2)(ix)(A)(3). Section 15.3.2 discusses separate credit

features. For general information about finance charges, see 12 CFR 1026.4 and the related

commentary.

3. Purchase price and activation fee required to be disclosed outside but in close proximity

to the short form disclosure. Additional fee types do not include any fee paid to purchase

the prepaid account or any fee paid to activate the prepaid account. 12 CFR

1005.18(b)(2)(viii)(A)(1) and (b)(2)(ix)(A)(1).

4. Other revenue sources. Additional fee types include only fee types under which the

financial institution may charge fees to consumers with respect to the prepaid account.

Therefore, additional fee types do not include other revenue sources such as interchange fees

or fees paid by employers for payroll card programs, government agencies for government

benefit programs, or other entities sponsoring prepaid account programs for financial

disbursements. Similarly, third-party fees are not included in the additional fee types (but

fees imposed for services performed on behalf of the financial institution are not third-party

fees). Comments 1005.18(b)(2)(viii)(A)-1.i, (b)(2)(ix)(A)-3, and (b)(3)(iv)-1.

A financial institution using the multiple

service plan short form disclosure must

disclose only the fee for calling customer

service via a live agent as a static fee. Thus,

any charge for calling customer service via an

IVR system must be counted in the total

number of additional fee types. Comment

1026.18(b)(2)(viii)(A)-3.

51 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The commentary provides examples of additional fee types and the fee variations that may occur

within those additional fee types. See comment 1005.18(b)(2)(viii)(A)-2. A financial institution

may choose to use these examples when determining the additional fee types it charges. A

financial institution may also create an appropriate name for other additional fee types.

Comment 1005.18(b)(2)(viii)(A)-2.

Disclosure of the number of additional fee types

The financial institution must disclose how many additional fee types it may charge with respect

to the prepaid account. The financial institution must use the following or substantially similar

language: “We charge [x] other types of fees.” 12 CFR 1005.18(b)(2)(viii)(A). This disclosure is

to inform a consumer of how many types of fees the financial institution may charge in addition

to the fees disclosed elsewhere in the short form disclosure or outside but in close proximity to

the short form disclosure.

Example: Ficus Bank charges the following fees for its prepaid account program: ACH

bill payment fees, expedited bill payment fees, electronic reload fees, cash reload fees,

regular card replacement fees, expedited card replacement fees, periodic fees, per

purchase fees, inactivity fees, legal fees, and withdrawal fees for ATMs located in the

United States. Although the financial institution charges 11 different fees, some of the

fees are static fees (cash reload fees, per purchase fees, inactivity fees, and domestic

ATM withdrawal fees) and others are variations of the same fee type (two bill payment

fees and two card replacement fees). Ficus Bank complies with the Prepaid Rule if it

discloses that it charges four additional fee types (i.e., bill payment, electronic reload,

card replacement, and legal) by stating that “We charge 4 other types of fees.”

52 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Statement directing consumers to the disclosure listing additional fee

types

When disclosing its list of additional fees types, as discussed immediately below, the financial

institution must use a specific transitional statement directing the consumer to that disclosure.

This statement must use the following or substantially similar language: “Here are some of

them.” 12 CFR 1005.18(b)(2)(viii)(B). The statement directing the consumer to the disclosure

listing additional fee types must be located after but on the same line as the disclosure of the

number of additional fee types, which is discussed above. 12 CFR 1005.18(b)(2)(viii)(B). If a

financial institution is not required to list any additional fee types and does not voluntarily

choose to do so (as discussed in detail below), the financial institution may not include this

transitional statement in the short form disclosure. Comment 1005.18(b)(2)(viii)(B)-1.

Disclosure listing additional fee types

Generally, the financial institution must list the two additional fee types that generate the

highest revenue during the appropriate 24-month period. 12 CFR 1005.18(b)(2)(ix)(A). The

Prepaid Rule does not require the financial institution to list additional fee types that generate

less than 5 percent of total revenue (i.e., that do not exceed this de minimis threshold), so it is

possible the financial institution will be required to list fewer than two additional fee types. 12

CFR 1005.18(b)(2)(ix)(A) and (B). In that case, the financial institution is permitted to list one

or two, as appropriate, additional fee types of its choice. 12 CFR 1005.18(b)(2)(ix)(B).

Examples: Ficus Bank charges one additional fee type, and is required to list that

additional fee type on the short forms disclosure. The short form disclosure could state:

“We charge 1 other type of fee. It is:” Similarly, if Ficus Bank charges two additional fee

types and is required to disclose both of them, the short form disclosure could say, “We

charge 2 other types of fees. They are:”

Birch Bank charges 5 additional fee types, and is required to disclose the two that

generated the highest revenue from consumers. The short form disclosure could state:

“We charge 5 other types of fees. Here are some of them:”

Dogwood Credit Union charges 5 additional fee types, but only one of them exceeds the

de minimis threshold (discussed below). The credit union decides to only disclose that

additional fee type. The short form disclosure could state: “We charge 5 other types of

fees. Here is 1 of them:”

53 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The disclosure listing additional fee types may be based on revenue for the particular prepaid

account program or on revenue across programs that share the same fee schedule. 12 CFR

1005.18(b)(2)(ix)(A); comment 1005.18(b)(2)(ix)(A)-4.

In general, the financial institution must reassess which additional fee types generated the

highest revenue every 24 months and update the disclosure listing the additional fee types if the

prior disclosure no longer complies with the Prepaid Rule’s requirements. 12 CFR

1005.18(b)(2)(ix)(D) and (E).

CALCULATING REVENUE FOR A PREPAID ACCOUNT PROGRAM OR ACROSS PREPAID

ACCOUNT PROGRAMS THAT SHARE THE SAME FEE SCHEDULE

In order to determine the additional fee types that must be listed in the short form disclosure,

the financial institution determines its “total revenue” as well as the revenue generated by each

additional fee type for the prepaid account program (or across prepaid account programs that

share the same fee schedule) during the appropriate 24-month period.

“Total revenue” for this purpose means the total revenue generated from consumers. It includes

revenue from additional fee types as well as the revenue from static fees, fees required to be

listed outside but in close proximity to the short form disclosure (i.e., activation fee and

purchase price), and finance charges imposed on the prepaid account (but not those imposed on

a covered separate credit feature). Total revenue excludes revenue from other sources such as

revenue generated from interchange fees and fees paid by employers for payroll card programs,

government agencies for government benefit programs, and other entities sponsoring prepaid

account programs for financial disbursements. It also excludes third-party fees (but fees

imposed for services performed on behalf of the financial institution are not third-party fees).

Comment 1005.18(b)(2)(ix)(A)-3.

When determining the revenue generated for a particular additional fee type, the financial

institution must include the revenue for all of the fee variations that are charged under the

additional fee type. The financial institution must use the same categorization of fee types when

determining the number of additional fee types to disclose and which additional fee types it is

required to list. It cannot use one categorization when counting the number of additional fee

types and a different categorization when determining the two additional fee types with the

highest revenue. Comment 1005.18(b)(2)(viii)(A)-4.

54 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

For purposes of the disclosure listing additional fee types, the financial institution may calculate

revenue for a specific prepaid account program, or it may calculate revenue across prepaid

account programs with the same fee schedule. 12 CFR 1005.18(b)(2)(ix)(A). However, if a

financial institution offers more than one prepaid account program and the programs do not

share the same fee schedule, the financial institution must calculate revenue separately for each

prepaid account program. Prepaid account programs have the same fee schedule if they charge

the same fee amounts, including offering the same fee waivers and fee reductions for the same

features. 12 CFR 1005.18(b)(2)(ix)(A); comment 1005.18(b)(2)(ix)(A)-4. For additional

information, see comment 1005.18(b)(2)(ix)(A)-4, which provides examples illustrating when

programs have the same fee schedules.

If the financial institution discloses multiple service plans on a short form disclosure, it must

calculate revenue across all plans disclosed in the short form disclosure. If, however, the

financial institution instead is disclosing only the default service plan, the financial institution

must calculate revenue for the default service plan only. Comment 1005.18(b)(2)(ix)(A)-4.iv.

For guidance on multiple service plans, see 1005.18(b)(6)(iii)(B)(2) and comment

18(b)(6)(iii)(B)(2)-1. Section 4.2.12 includes additional discussion of short form disclosures for

multiple service plans.

TIME PERIOD USED WHEN CALCULATING FEE REVENUE

Generally, the disclosure listing additional fee types must be based on revenue generated during

the previous 24 months. There is an exception for prepaid account programs that do not have

24 months of revenue data and an accommodation related to the effective date. 12 CFR

1005.18(b)(2)(ix)(D) and (E).

For prepaid accounts programs that exist as of April 1, 2019, the Prepaid Rule permits the

financial institution to use the revenue generated during any consecutive 24-month period that

begins on or after October 1, 2014

for making its first disclosure of additional fee types. See

comment 1005.18(b)(2)(ix)(D)(1)-1.

Neither the April 2017 Effective Date Delay nor the 2018 Prepaid Amendments changed the beginning of the 24-

month period that financial institutions may use to calculate the first disclosure of additional fee types for prepaid

account programs that exist prior to the effective date. For such programs, financial institutions may use the

revenue generated during any consecutive 24-month period that begins on or after October 1, 2014 for making its

first disclosure of additional fee types.

55 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

A financial institution that does not have 24 consecutive months of revenue data for a prepaid

account program in advance of April 1, 2019 must calculate its first listing of additional fee types

based on the revenue it reasonably anticipates the prepaid account program will generate from

consumers during the 24-month period beginning April 1, 2019. 12 CFR

1005.18(b)(2)(ix)(D)(2). The financial institution must take into consideration any revenue data

it has accumulated for the program when it determines the revenue it reasonably anticipates will

be generated from consumers between April 1, 2019 and March 31, 2021. Comment

1005.18(b)(2)(ix)(D)(2)-1.

A financial institution that creates a new prepaid account program on or after April 1, 2019 must

determine which additional fee types to include in the disclosure listing additional fee types

based on the revenue it reasonably anticipates the new prepaid account program will generate

from consumers during the first 24 months the program is in existence. 12 CFR

1005.18(b)(2)(ix)(D)(3).

APPLYING THE DE MINIMIS EXCEPTION

The financial institution is not required to include in its disclosure listing additional fee types

any additional fee type that generated less than 5 percent of the total revenue for the prepaid

program or, as applicable, across prepaid programs with the same fee schedule during the

relevant time period. 12 CFR 1005.18(b)(2)(ix)(A)(2); comment 1005.18(b)(2)(ix)(A)-5.ii.

To determine the percentage of total revenue that a particular additional fee type generated, the

financial institution divides the amount of revenue generated from the additional fee type by the

amount of total revenue for the same 24- month period. The additional fee types that must be

listed on the short form disclosure are the two that generated the highest percentage of total

revenue (subject to the de minimis exclusion). Any additional fee type that generated less than 5

percent of total revenue is not required to be listed in the short form disclosure. 12 CFR

1005.18(b)(2)(ix)(A)(2).

56 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

LISTING ADDITIONAL FEES TYPES AFTER APPLYING THE DE MINIMIS THRESHOLD

If the financial institution only charges one additional fee type that generated at least 5 percent

of the total revenue, the financial institution must list that one additional fee type in the short

form disclosure for the prepaid account. It may also list another additional fee type of its choice.

12 CFR 1005.18(b)(2)(ix)(B); comment 1005.18(b)(2)(ix)(B)-1.

If the financial institution does not charge any additional fee types that generated at least 5

percent of the total revenue, the financial institution is not required to list any additional fee

types in the short form disclosure for the prepaid account. It may list one or two additional fee

types of its choice. 12 CFR 1005.18(b)(2)(ix)(B); comment 1005.18(b)(2)(ix)(B)-1.

However, if the financial institution opts to voluntarily list an additional fee type, it cannot list

static fees, fees required to be disclosed outside but in close proximity to the short form

disclosure (i.e., purchase price and activation fee), or finance charges that may be imposed in

connection with a covered separate credit feature. 12 CFR 1005.18(b)(3)(vi)(A) and (B);

comments 1005.18(b)(2)(ix)(B)-1 and -2.

If the financial institution is not required to and does not voluntarily list any additional fee types

in the short form disclosure, it may not include the statement “Here are some of them:” after the

disclosure of the number of additional fee types. Comment 1005.18(b)(2)(viii)(B)-1.

Example: Ficus Bank determined that, during the appropriate 24-month period, total

revenue for a prepaid account program was $100,000. In this program, Ficus Bank

charges different fee amounts for standard delivery and expedited delivery of

replacement cards. Ficus Bank determines that, during that 24-month period, the

prepaid account program generated $5,000 for standard delivery of replacement cards

and $10,000 for expedited delivery. In order to determine the revenue generated for

the fee type “card replacement,” Ficus Bank adds $5,000 and $10,000. In order to

determine the percentage of total revenue generated by card replacement, Ficus Bank

divides the sum of $5,000 plus $10,000 (i.e., a combined $15,000 for the fee type) by

$100,000. In other words, it calculates ($5,000 + $10,000)/ $100,000. In this

example, the card replacement fee type generated 15 percent of total revenue.

57 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

LISTING ADDITIONAL FEES TYPES DEPENDING ON NUMBER OF FEE VARIATIONS

The Prepaid Rule has specific requirements for how a financial institution lists additional fee

types in the short form disclosure. These

requirements vary depending on how many fee

variations are within the additional fee type

and whether the financial institution is

providing the short form disclosure for

multiple service plans. 12 CFR

1005.18(b)(2)(ix)(C); comments

1005.18(b)(2)(ix)(C)-1 and -2.

If the financial institution is not providing the

short form disclosure for multiple service

plans, additional fee types required to be listed

in the short form disclosure must be disclosed as follows:

1. One fee charged under an additional fee type. If the financial institution only charges one

fee variation under an additional fee type, it must disclose the name of the additional fee

type and the fee amount. The financial institution may choose to also disclose the name of

the one fee. Comment 1005.18(b)(2)(ix)(C)-2.

Example: Ficus Bank charges the following fees for a prepaid program and over the

appropriate 24-month period the fees generated the following percentages of total

revenue: purchase price (45%), electronic reload fees (15%), cash reload fees (5%), card

replacement fees (3%), per purchase fees (15%), inactivity fees (5%), and ATM

withdrawal fees (12%). Two of these are additional fee types (electronic reload and

card replacement), but Ficus Bank is only required to disclose the electronic reload

fee type because the card replacement fee type generated less than 5 percent of total

revenue.

When listing additional fee types, the

financial institution can use commonly

accepted or readily understandable

abbreviations. For example, to disclose the

additional fee types “international ATM

balance inquiry” and “person-to-person

transfer of funds,” the financial institution

could abbreviate the additional fee types as

“Int’l ATM inquiry” and “P2P transfer.”

Comment 1005.18(b)(2)(ix)(A)-2.

58 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2. Two fee variations charged under an additional fee type. If an additional fee type has

exactly two fee variations, the financial institution must disclose the name of the additional

fee type as well as the names and amounts of both fee variations. 12 CFR

1005.18(b)(2)(ix)(C). If the amounts of the two fee variations are the same, the financial

institution may disclose the name of the additional fee type, the names of both fees, and a

single fee amount or it may disclose the name of the additional fee type (without the names

of the fee variations) and the single fee amount. Comments 1005.18(b)(2)(ix)(C)-1.i and

-1.iii. The format for disclosing this situation is similar to requirements for the disclosure of

the two-tier static fees for ATM withdrawal, ATM balance inquiry, and customer service,

which are discussed in Section 4.2.1.

Example: Ficus Bank offers a prepaid account that has electronic reload fees.

However, consumers may only conduct electronic reloads using a debit card. Ficus

Bank charges $1.00 for each electronic reload. Ficus Bank determines it must list

electronic reload as an additional fee type in its short form disclosure. Ficus Bank

discloses the fee type as “Electronic reload” and the fee amount as “$1.00.”

Alternatively, it could disclose the fee type and the fee name as “Electronic reload

(debit card)” and the fee amount as “$1.00.”

Examples: Ficus Bank offers a prepaid account that has card replacement fees. Ficus

Bank charges $5.00 for standard mail delivery of a replacement card and $15.00 for

expedited delivery of a replacement card. The additional fee type card replacement has

two fee variations: replacement card sent by standard mail service ($5.00) and

replacement card sent by expedited delivery ($15.00). Ficus Bank determines it must

list card replacement as an additional fee type in its short form disclosure. Ficus Bank

discloses the fee type and two fee variations as “Card replacement (regular or

expedited delivery)” and the fee amounts as “$5.00 or $15.00.”

59 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

3. More than two fee variations charged under an additional fee type. If an additional fee

type has more than two fee variations, the financial institution must either:

• Disclose the name of the additional fee type and the highest fee amount among the

fee variations. The fee amount must be followed by a symbol linked to a statement

explaining that the fee could be lower depending on how and where the card is used.

12 CFR 1005.18(b)(2)(ix)(C); comment 1005.18(b)(2)(ix)(C)-1.ii. The format for

disclosing fee variations in the additional fee types in this scenario is the same as is

required for the disclosure of variable static fees. The disclosure of variable static

fees is discussed in Section 4.2.2.

• Consolidate the fee variations into two categories and disclose the names of those

two categories and the fee

amounts. The format for making

this disclosure must be

substantially similar to that used

for the disclosure of two-tiered

ATM balance inquiry and customer

service fees. The disclosure of two-

tiered ATM balance inquiry and

customer service fees is discussed

in Section 4.2.1. Short form

disclosures for multiple service plans are not able to use this version of the additional

fee types disclosure. 12 CFR 1005.18(b)(2)(ix)(C); comment 1005.18(b)(2)(ix)(C)-

1.ii.

Examples (cont’d): Ficus Bank offers another prepaid account that has check reload

fees. Ficus Bank charges a fee for reloads conducted by depositing a check at an ATM

and by depositing a check with a teller at a branch. In each case, Ficus Bank charges

$0.50. Ficus Bank determines it must list check reloads as an additional fee type in its

short form disclosure. Because Ficus Bank charges $0.50 for each check reload

regardless of whether it is made at an ATM or at a branch, Ficus Bank discloses the fee

type as “Check reload (ATM or teller check deposit)” and the fee amount as “$0.50.”

Alternatively, Ficus Bank may disclose “Check reload” and the fee amount as “$0.50.”

The Bureau expects that a financial

institution will disclose the name of the

additional fee type and highest fee amount

(accompanied by a symbol and required

statement) if three or more fee variations

cannot be consolidated into two categories in

logical manner or if the disclosure of the

consolidated fee variations would cause

consumer confusion.

60 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

LISTING ADDITIONAL FEES TYPES FOR MULTIPLE SERVICE PLANS

If the financial institution provides the short form disclosure for multiple service plans, the

financial institution must disclose the name of the additional fee type and the highest fee

amount among the variations. The format for disclosing this situation is similar to the

requirements for the disclosure of variable static fees. Comment 1005.18(b)(2)(ix)(C)-1.iv.

PERIODIC REASSESSMENTS OF REVENUE AND UPDATING OF THE LIST OF ADDITIONAL FEE

TYPES

In general, every 24 months, the financial

institution must reassess whether its

disclosure listing additional fee types

continues to comply with the Prepaid Rule’s

requirements using the revenue for the

previous 24-month period. 12 CFR

1005.18(b)(2)(ix)(E). Generally, the financial

institution must complete this reassessment

and, if applicable, update its disclosure listing

additional fee types within three months of the

end of the 24-month period. 12 CFR

1005.18(b)(2)(ix)(E). The examples that

Example: Ficus Bank offers bill payment via ACH and via paper check. For bill payments

made by paper check, it offers regular standard mail service and expedited delivery. It

charges $0.25 for ACH bill pay, $0.50 for paper check bill pay sent by regular standard mail

service, and $3 for paper check bill pay sent by expedited delivery. Ficus Bank determines it

must list bill payment as an additional fee type in its short form disclosure. Ficus Bank

discloses the fee type as “Bill payment” and the fee amount as “$3.00*”. The asterisk links

to a statement explaining that the fee could be lower depending on how and where the card

is used. Ficus Bank has properly disclosed this additional fee type. Alternatively, Ficus

Bank may consolidate the fee variations into two categories, such as regular delivery and

expedited delivery, and disclose: “Bill payment (regular or expedited delivery)” and the

fee amount as “$0.50* or $3.00”. The asterisk would link to a statement explaining that

the fee could be lower depending on how and where the card is used.

Beginning April 1, 2019 financial institutions

will need to be able to capture data about the

revenue generated from additional fee types

as well as the total revenue. By April 1, 2021

(at the latest), they must have processes in

place to be able to review the revenue data for

the previous 24-month period and properly

update the short form disclosure, if required,

within a 3-month period. Both the

reassessment and update must take place

within the 3-month period.

61 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

follow illustrate this general rule. However, as discussed below, the financial institution may be

required to reassess and update the disclosure more frequently in certain circumstances. If the

printing update exception discussed below applies, the financial institution may not be required

to update its disclosure within the otherwise applicable 3-month period.

Examples: Ficus Bank listed two additional fee types (bill payment and card

replacement) in its short form disclosures for a particular prepaid account program on

April 1, 2019. Ficus Bank reassesses fee revenue data for the 24-month period ending on

March 31, 2021. The two additional fee types previously disclosed continue to qualify as

the two additional fee types that must be listed in the short form disclosure. Ficus Bank

is not required to take any action with regard to the disclosure listing additional fee

types for the prepaid account program.

Birch Bank listed two additional fee types (bill payment and card replacement) in its

short form disclosures for a particular prepaid account program on April 1, 2019. Birch

Bank reassesses revenue data on for the 24-month period ending March 31, 2021. Bill

payment continues to be the additional fee type that generated the highest revenue from

consumers, and the percentage of total revenue it generated during the applicable 24-

month period exceeds the de minimis threshold. However, check reload (not card

replacement) is the additional fee type that generated the next highest amount of fee

revenue from consumers. The percentage of total revenue that check reload generated

during the applicable 24-month period also exceeds the de minimis threshold. Birch

Bank must update the disclosure listing additional fee types in its short form disclosures

provided electronically or orally no later than July 1, 2021. It must also update the

disclosure listing additional fee types in its written short form disclosure, unless it

qualifies for the update printing exception. The update printing exception is discussed

below.

62 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Examples (cont’d): Dogwood Credit Union listed one additional fee type (bill

payment) and voluntarily disclosed one other additional fee type (card replacement,

both for regular and expedited delivery) in its short form disclosures for a particular

prepaid account program on April 1, 2019. Dogwood Credit Union reassesses fee

revenue for the 24-month period ending March 31, 2021. Bill payment continues to be

the additional fee type that generated the highest revenue from consumers, and the

percentage of total revenue it generated for the applicable 24-month period exceeds the

de minimis threshold. However, the fee revenue generated for card replacement during

the applicable 24-month period now exceeds the de minimis threshold, so card

replacement qualifies as the second additional fee type required to be listed in the short

form disclosure. Dogwood Credit Union is not required to take any action with regard to

the disclosure listing additional fee types for the prepaid account program because card

replacement is already disclosed.

PERIODIC REASSESSMENTS IN CONNECTION WITH CHANGES TO THE FEE SCHEDULE

If a financial institution revises the fee schedule for a prepaid account program, it must

determine whether it reasonably anticipates that the list of additional fee types previously

disclosed will continue to comply with the Prepaid Rule’s requirements for the 24 months

following implementation of the fee schedule change. 12 CFR 1005.18(b)(2)(ix)(E)(3). If the

financial institution reasonably anticipates that the previously disclosed additional fee types will

not continue to comply with the Prepaid Rule’s requirements, it must update the disclosure

based on its reasonable anticipation of what those additional fee types will be at the time the fee

schedule change goes into effect. 12 CFR 1005.18(b)(2)(ix)(E)(3).

A fee schedule change resets the 24-month period for reassessment. The financial institution

must conduct a reassessment prior to implementing a fee schedule change. It must conduct its

next reassessment at the end of the 24-month period following the date that it implements the

new fee schedule. Comment 1005.18(b)(2)(ix)(E)(3)-1.

Generally, the financial institution must complete its reassessment and, if applicable, update the

disclosure listing additional fee types prior to implementing the change, unless the update

printing exception applies. 12 CFR 1005.18(b)(2)(ix)(E)(3). However, if an immediate change

in terms and conditions is necessary to maintain or restore the security of an account or EFT

system and that change affects the prepaid account program’s fee schedule, the financial

63 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

institution must complete its reassessment within 3 months of the date that the fee schedule

change becomes permanent. The financial institution must also, if applicable, update its

disclosure listing additional fee types, within this same time frame, unless the update printing

exception applies. 12 CFR 1005.18(b)(2)(ix)(E)(3).

VOLUNTARY PERIODIC REASSESSMENTS MORE FREQUENTLY THAN EVERY 24 MONTHS

The Prepaid Rule permits a financial institution to carry out reassessments and, if applicable,

updates more frequently than every 24 months. A financial institution may choose to do this,

for example, to sync the timing of its reassessment with its financial reporting schedule or

another financial analysis it performs regarding the particular prepaid account program. If a

financial institution chooses to reassess its additional fee types disclosure more frequently than

every 24-months, it is still required to use 24 consecutive months of revenue data to conduct the

reassessment and must complete its reassessment and, if applicable, update its short form

disclosures within three months of the end of the 24-month period, unless the update printing

exception applies. 12 CFR 1005.18(b)(2)(ix)(E)(2); comment 1005.18(b)(2)(ix)(E)(2)-2.

Example: Ficus Bank plans to lower its card replacement fee from $4 to $3 on

December 1, 2019 after having first prepared its additional fee types disclosure in

advance of the Prepaid Rule’s effective date. Ficus Bank must determine whether it

reasonably anticipates that the additional fee types listed in its short form disclosure will

continue to reflect the additional fee types that generate the highest revenue from

consumers for that prepaid account program for the 24 months following the change

(i.e., until December 1, 2021). Ficus Bank reasonably anticipates that the additional fee

types it is required to list in the short form disclosure will remain unchanged over the

next 24 months. Ficus Bank is not required to take any action with regard to the

additional fee types disclosure for that prepaid account program. However, if Ficus

Bank reasonably anticipates that the additional fee types currently listed on its short

form disclosure will not comply with the Prepaid Rule’s requirements for the 24 months

following implementation of the fee schedule change, it must update the listing of

additional fee types in its short form disclosure at the time the fee schedule change goes

into effect, except as provided in the update printing exception.

64 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Example: Ficus Bank begins offering a prepaid account program on January 1, 2012.

(Program 1). On April 1, 2019, it begins providing the short form disclosure for prepaid

accounts offered through Program 1. The short form disclosure for Program 1 lists two

additional fee types based on revenue generated between July 1, 2015 and June 30,

2017. Ficus Bank determines that it will begin offering an additional prepaid account

program (Program 2) on October 1, 2020. Ficus Bank decides to reassess the additional

fee types for Program 1 earlier than required under the Prepaid Rule so that it will be

conducting future reassessments for both Program 1 and Program 2 at the same time.

Ficus Bank decides to reassess its revenue for Program 1 as of October 1, 2020, using the

revenue generated between October 1, 2018, and September 30, 2020. Ficus Bank must

complete its reassessment and, if applicable, update the short form disclosure for

Program 1 by January 1, 2021. For Program 2, Ficus Bank must base the disclosure

listing additional fee types on the revenue it anticipates Program 2 will generate

between October 1, 2020, and September 30, 2022. For both programs, Ficus Bank

must conduct its next reassessment beginning October 1, 2022, and, if applicable,

update its short form disclosures by January 1, 2023.

UPDATE PRINTING EXCEPTION

Notwithstanding the requirements to update the disclosure listing additional fee types within

three months of the end of the 24-month period used as the basis for the periodic reassessment,

a financial institution is not required to update any disclosure listing additional fee types that is

provided on, in, or with prepaid account packaging materials that were manufactured, printed,

or otherwise produced prior to a periodic reassessment and update or prior to a fee schedule

change pursuant to 12 CFR 1005.18(b)(2)(ix)(E)(3). 12 CFR 1005.18(b)(2)(ix)(E)(4); comment

1005.18(b)(2)(ix)(E)(4)-1. For prepaid accounts sold in retail locations, for example, the

Prepaid Rule permits a financial institution to implement any necessary updates to disclosures

listing additional fee types that appear on its physical prepaid account packaging materials at

the time the financial institution prints new materials. The Prepaid Rule does not require

financial institutions to destroy existing inventory in retail locations or elsewhere in the

distribution channel, to the extent the disclosures on such packaging materials are otherwise

accurate, in order to update the disclosure listing additional fee types. Comment

1005.18(b)(2)(ix)(E)(4)-1.

65 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Example: Beginning on April 1, 2021, Ficus Bank conducts a periodic reassessment of

revenue for a prepaid account program. The reassessment is based on revenue

generated between April 1, 2019, and March 31, 2021. Ficus Bank determines that a

different additional fee type must be listed on the short form disclosure for the prepaid

account program in place of one that is currently listed. Ficus Bank must update any

electronic and oral short form disclosures before July 1, 2021 (within three months of

April 1, 2021). However, Ficus Bank may continue selling any previously printed

prepaid account packages that contain the prior listing of additional fee types. Prepaid

account packages printed after July 1, 2021, must contain the updated listing of

additional fee types.

4.2.4 Overdraft credit features

If a covered separate credit feature may be offered to a consumer at any point in connection with

the prepaid account, the short form disclosure must inform the consumer that overdraft/credit

may be offered, the time period after which it may be offered, and that fees apply. The

information must be disclosed using the following or substantially similar language: “You may

be offered overdraft/credit after [x] days. Fees would apply.” 12 CFR 1005.18(b)(2)(x). A

financial institution must provide this information in the short form disclosure for all prepaid

accounts that offer such a feature, even if a specific consumer will not be solicited for the feature

or will not qualify for it. Comment 1005.18(b)(2)(x)-1.

On the other hand, if a consumer will not be offered such a credit feature in connection with the

prepaid account at any time, the short form disclosure must inform the consumer of this fact,

using the following or substantially similar language: “No overdraft/credit feature.” 12 CFR

1005.18(b)(2)(x).

Overdraft credit features are discussed in Section 15.

66 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.2.5 Registration and FDIC/NCUA insurance

The short form disclosure must include a

statement that:

1. Informs a consumer about whether the

prepaid account program is set up to be

eligible for FDIC deposit or NCUA share

insurance; and

2. Directs a consumer to register the

prepaid account for insurance and other

protections (if applicable).

12 CFR 1005.18(b)(2)(xi).

There are five different scenarios that may occur, and a financial institution will need to disclose

the appropriate one in this statement. The financial institution will need to determine which of

the scenarios described in the table below applies to the prepaid account program and make the

corresponding disclosure. 12 CFR 1005.18(b)(2)(xi)(A) through (E).

Scenario

Corresponding disclosure uses the following

or substantially similar language

The prepaid account program is set up so that

prepaid accounts could be eligible for FDIC deposit

or NCUA share insurance, and consumer

identification and verification does not occur before

the prepaid account is opened, but could occur at a

later time

“Register your card for [FDIC insurance

eligibility][NCUA insurance, if eligible,] and other

protections.”

The prepaid account program is not set up so that

prepaid accounts could be eligible for FDIC deposit

or NCUA share insurance, and consumer

identification and verification does not occur before

the prepaid account is opened, but could occur at a

later time

“Not [FDIC][NCUA] insured. Register your card

for other protections.”

If a consumer’s prepaid account funds are

held at a credit union, the short form

disclosure must include the information

about NCUA share insurance eligibility. If a

consumer’s funds are held at a financial

institution other than a credit union, the

disclosure must include information about

FDIC deposit insurance eligibility. Comment

1005.18(b)(2)(xi)-1.

67 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Scenario

Corresponding disclosure uses the following

or substantially similar language

The prepaid account program is set up so that

prepaid accounts could be eligible for FDIC deposit

or NCUA share insurance, and consumer

identification and verification occurs before the

prepaid account is opened

“Your funds are [eligible for FDIC

insurance][NCUA insured, if eligible.]”

The prepaid account program is not set up so that

prepaid accounts could be eligible for FDIC deposit

or NCUA share insurance, and consumer

identification and verification occurs before the

prepaid account is opened

“Your funds are not [FDIC][NCUA] insured.”

There is not a consumer identification or verification

process for the prepaid account program (i.e.,

consumer identification or verification do not occur

before or after the account is opened)

“Treat this card like cash. Not [FDIC][NCUA]

insured.”

4.2.6 Bureau’s website

The short form disclosure must include a statement directing the consumer to the Bureau’s

website for general information about prepaid accounts. It must use the following or

substantially similar language: “For general information about prepaid accounts, visit

cfpb.gov/prepaid.” 12 CFR 1005.18(b)(2)(xii).

4.2.7 Reference to long form disclosure for information

on all fees and services

The short form disclosure must include a statement directing the consumer to the long form

disclosure for information on all fees and services. 12 CFR 1005.18(b)(2)(xiii). The content of

the statement differs depending on whether a financial institution is relying on the retail

location exception.

If a financial institution is not relying on the retail location exception for providing the long

form disclosure, the short form disclosure must include a statement directing consumers to the

long form disclosure for details and conditions for all fees and services, using the following or

substantially similar language: “Find details and conditions for all fees and services in

68 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

[location].” 12 CFR 1005.18(b)(2)(xiii). The financial institution must fill in the brackets with

the appropriate location, such as “the cardholder agreement.”

If a financial institution is relying on the retail location exception for providing the long form

disclosure, the short form disclosure must include a statement directing consumers to the long

form disclosure for details and conditions for all fees and services, including a telephone

number and website that consumers can use to directly access the long form disclosure. The

statement must be made using the following or substantially similar language: “Find details and

conditions for all fees and services inside the package, or call [telephone number], or visit

[website].” If an SMS code will fit on the same line of text as this required statement, a financial

institution may also disclose an SMS code at the end of the statement. 12 CFR

1005.18(b)(2)(xiii).

The telephone number must provide direct access to an oral version of the long form disclosure

for the prepaid account program. The telephone number may be specifically dedicated to

providing the long form disclosure or it could connect to a general customer service line (either

live service agent or an IVR system). Comment 1005.18(b)(2)(xiii)-1. In either case, direct

access is achieved if the consumer navigates one or two prompts to reach the oral long form

disclosure. Comment 1005.18(b)(2)(xiii)-1. Similarly, the website must provide direct access to

an electronic version of the long form disclosure for the prepaid account. With regard to the

website, direct access is not achieved if the

consumer must navigate other web pages

before viewing the long form disclosure.

The URL for the website must not exceed 22

characters and must be meaningfully named.

Trademark and product names and their

commonly accepted or readily

understandable abbreviations comply with

the requirement that the URL be

meaningfully named. Comment

1005.18(b)(2)(xiii)-2.

The character limit and meaningfully named

standards are not meant to make the website

URLs easier for consumers to remember

later, but are meant to enable consumers to

more easily and accurately enter them into a

web browser on a mobile phone while in a

retail location.

Use of a number as part of the URL, such as

to distinguish URLs for a financial

institution’s various prepaid account

programs (e.g., ficusbank.com/card1) would

not be inconsistent with the meaningfully

named standard.

69 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.2.8 Additional content for payroll card accounts

Disclosure of a consumer’s options for receiving wages or salary

The short form disclosure for payroll card accounts must inform a consumer that he or she has

options for receiving wages or salary. The Prepaid Rule permits a financial institution to use one

of two different statements. 12 CFR 1005.18(b)(2)(xiv)(A).

A financial institution can use a statement informing a consumer that he or she does not have to

accept the payroll card account and directing the consumer to ask about other ways to receive

wages or salary from the employer. This statement must use the following or substantially

similar language: “You do not have to accept this payroll card. Ask your employer about other

ways to receive your wages.” 12 CFR 1005.18(b)(2)(xiv)(A).

Alternatively, a financial institution can use a statement informing a consumer that he or she

has several options to receive wages or salary, listing the options available to the consumer, and

directing the consumer to tell the employer the option the consumer has chosen. This statement

must use the following or substantially similar language: “You have several options to receive

your wages: [list of options available to consumer]; or this payroll card. Tell your employer

which option you choose.” The list of options available to the consumer might include, for

example, direct deposit to the consumer’s bank account, direct deposit to the consumer’s own

prepaid account, paper check, or cash. 12 CFR 1005.18(b)(2)(xiv)(A); comment

1005.18(b)(2)(xiv)(A)-1.

Regardless of which statement a financial institution uses, the statement must appear above the

static fees in the short form disclosure. 12 CFR 1005.18(b)(xiv)(A). In either version of the

statement, the financial institution is permitted to provide more specificity as to whom a

consumer must ask or inform of his or her choice of wage payment method, such as by

specifying the employer’s Human Resources Department. Comment 1005.18(b)(2)(xiv)(A)-1.

Optional statement directing consumer to information regarding state-

required or other waivers and reduced charges

Additionally, for payroll card accounts, a financial institution can choose to include a statement

in its short form disclosure directing a consumer to a particular location outside the short form

disclosure for information on ways the consumer may access payroll card account funds and

balance information for free or for a reduced charge. 12 CFR 1005.18(b)(xiv)(B). This

70 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

statement can only take up one line of text and must appear directly below the linked statements

for fees that can vary in amount. If the short form disclosure does not include any such linked

statements, it must appear directly above the statement regarding overdraft/credit features. 12

CFR 1005.18(b)(2)(xiv)(B). For example, the statement may say “See below for free ways to

access your funds and balance information” or may say “See the cardholder agreement for free

ways to access your funds and balance information.” Comment 1005.18(b)(2)(xiv)(B)-1.

This optional statement is permitted only for payroll card accounts and government benefit

accounts (discussed below). Financial institutions are not permitted to include this optional

statement in the short form disclosures for any other type of prepaid account.

Model Form A-10(b)

illustrates both of these disclosures.

4.2.9 Additional content for government benefit

accounts

Disclosure of consumer’s options for receiving government benefit

payments

The short form disclosure for government benefit accounts must inform a consumer that he or

she has options for receiving government benefit payments. The Prepaid Rule permits a

government agency to use one of two different statements. 12 CFR 1005.15(c)(2)(i).

A government agency can use a statement informing a consumer that he or she does not have to

accept the government benefit account and directing the consumer to ask about other ways to

receive government benefit payments. This statement must use the following or substantially

similar language: “You do not have to accept this benefits card. Ask about other ways to receive

your benefits.” 12 CFR 1005.15(c)(2)(i).

Alternatively, a government agency can use a statement informing a consumer that he or she has

several options to receive benefit payments, listing the options available to the consumer, and

directing the consumer to indicate which option the consumer has chosen. This statement must

use the following or substantially similar language: “You have several options to receive your

payments: [list of options available to consumer]; or this benefits card. Tell the benefits office

which option you choose.” 12 CFR 1005.15(c)(2)(i).

71 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Regardless of the option the government agency uses, the statement must appear above the

static fees in the short form disclosure. 12 CFR 1005.15(c)(2)(i).

Optional statement directing consumer to information regarding state-

required or other waivers and reduced charges

Additionally, for government benefit accounts, a government agency can chose to include a

statement in its short form disclosure directing a consumer to a particular location outside the

short form disclosures for information on ways the consumer may access government benefit

funds and balance information for free or for a reduced charge. This statement can only take up

one line of text and must appear directly below the linked statements for fees that can vary in

amount. If the short form disclosures do not include any such linked statements related to fees,

it must appear directly above the statement regarding overdraft/credit features. 12 CFR

1005.15(c)(2)(ii).

This optional statement is permitted only for government benefit accounts and payroll card

accounts (discussed above). Financial institutions are not permitted to include this optional

statement in the short form disclosures for any other type of prepaid account.

Model Form A-10(a)

illustrates both of these disclosures.

4.2.10 Optional content for prepaid cards other than

payroll card accounts or government benefit

accounts

For prepaid accounts other than payroll card accounts or government benefit accounts, a

financial institution may choose to include a statement about a consumer’s options for receiving

disbursements or payments. This statement must be similar to either the disclosure of a

consumer’s options for receiving wages or salary, which is discussed in Section 4.2.8, or the

disclosure of a consumer’s options for receiving government benefit payments, which is

discussed in Section 4.2.9. For example, a financial institution issuing a prepaid account to

disburse student financial aid could choose to disclose a statement such as the following, if

accurate and applicable: “You have several options to receive your financial aid payments:

direct deposit to your bank account, direct deposit to your own prepaid card, paper check, or

this prepaid card. Tell your school which option you choose.” Comment 1005.18(b)(2)(xiv)(A)-

72 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.2.11 Format

When provided electronically or in writing, the short form disclosure must disclose the static

fees and all disclosures regarding additional fee types in the form of a table. Unless a financial

institution is disclosing multiple service plans in a single form, the short form disclosure must

be provided in a form substantially similar to Model Forms A-10(a) through (d), as applicable.

12 CFR 1005.15(c)(3); 1005.18(b)(6)(iii).

The Prepaid Rule also contains specific type size, grouping, and other formatting requirements

for the short form disclosure. Generally, the short form disclosure is designed to create a visual

hierarchy drawing the consumer’s attention to the most important information, using location

within the short form disclosure, minimum and relative type sizes, and emphasis (such as bold-

faced type) to create this effect. For example, the static fees in the top line must be grouped

together and provided in the order presented in the Prepaid Rule. The fee amounts for these

static fees in the top line must be in bold-faced type and in the largest type size used in the short

form disclosure. Single fee amounts must be in a minimum type size of 15 points and two-tier

fee amounts for ATM withdrawal must be in a minimum type size of 11 points. 12 CFR

1005.18(b)(7)(i)(A) and (ii)(B). For more information on the form and formatting requirements

for the short form disclosure, see the Prepaid Rule at 12 CFR 1005.18(b)(6) and (7), and the

Model Forms, available at

www.consumerfinance.gov/policy-

compliance/guidance/implementation-guidance/prepaid-rule/.

Native design files for printed short form disclosures and source code for web-based short form

disclosures are available at github.com/cfpb/prepaid-disclosure-files

4.2.12 Short form disclosures for prepaid account

programs with multiple service plans

If a financial institution offers multiple service plans within a particular prepaid account

program and each plan has a different fee schedule, the financial institution has two options for

disclosing the static fees and additional fee types in the short form disclosure. 12 CFR

1005.18(b)(6)(iii)(B).

The financial institution can disclose the static fees and additional fee types for the service plan

in which a consumer is initially enrolled by default upon acquiring a prepaid account. As noted

above, this fee information must be disclosed in the form of a table.

73 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Alternatively, the financial institution can make the required fee disclosures in the form of a

table with separate columns for each service plan. This table must be substantially similar to the

table in Model Form A-10(e),

the short form disclosure for multiple service plans. 12 CFR

1005.18(b)(6)(iii)(B).

A loyalty plan, such as where a consumer receives preferred rates or fees for using a non-prepaid

service such as a mobile phone service, qualifies as a multiple service plan. Pricing variations

based on whether a consumer chooses to use a particular feature of a prepaid account, such as

choosing direct deposit to waive the periodic fee, does not qualify as a multiple service plan. For

example, a financial institution does not offer multiple service plans if it waives or reduces a

monthly fee when the consumer has a direct deposit to the prepaid account. Comment

1005.18(b)(6)(iii)(B)(2)-1.

4.3 Information required to be disclosed

outside but in close proximity to the

short form disclosure

At the time that a financial institution provides the short form disclosure to the consumer, it

must also provide certain additional information outside of the short form disclosure.

Specifically, it must disclose the:

1. Financial institution’s name. For government benefit accounts, the name of the financial

institution that directly holds the account or issues the account’s access device must be

disclosed. Comment 1005.15(c)-4.

2. Name of the prepaid account program.

3. Purchase price for the prepaid account (if any).

4. Activation fee (if any).

12 CFR 1005.18(b)(5).

A financial institution may choose to also disclose the name of the program manager or other

service provider involved in the prepaid account program. Comment 1005.18(b)(5)-1.

In a setting other than a retail location, this information must be disclosed in close proximity to

the short form disclosure. For example, if a financial institution provides the short form

74 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

disclosure online, this information is deemed to be disclosed in close proximity to the short form

disclosure if it appears on the same web page as the short form disclosure. If a financial

institution offers the prepaid account in its own branch locations and provides the information

and the short form disclosure on the exterior of a prepaid card’s preprinted packaging materials,

the information is deemed disclosed in close proximity to the short form disclosure. Similarly, if

a financial institution provides written short form disclosures in a manner other than on

preprinted packaging materials, such as on paper, and the information and the short form

disclosure are on the same piece of paper, the information is deemed disclosed in close

proximity to the short form disclosure. If a financial institution provides the short form

disclosure orally, the information is deemed disclosed in close proximity to the short form

disclosure if the financial institution provides it immediately before or after disclosing the fees

and information required to be included in the short form disclosure. Comment 1005.18(b)(5)-

For prepaid accounts sold pursuant to the retail location exception, the purchase price must be

disclosed either on the exterior of or in close proximity to the access device’s packaging

material. The other information must be disclosed on the exterior of the access device’s

packaging material. 12 CFR 1005.18(b)(5). Disclosure of the purchase price on or near the sales

rack or display for the packaging material is deemed in close proximity to the short form

disclosure. Comment 1005.18(b)(5)-2. Section 4.1.4 discusses the Prepaid Rule’s definition of

retail location.

4.4 Long form disclosure

The long form disclosure is the companion to the short form disclosure and provides more

comprehensive fee information, including a list of all of the fees that may be imposed in

connection with the prepaid account and detailed information on the conditions under which

each fee may be imposed, waived, or reduced, as well as certain other key information about the

prepaid account. As discussed in Section 4.4.8, there are certain formatting requirements for

the long form disclosure. The Prepaid Rule includes a sample long form disclosure, Sample

Form A-10(f), which is available at

consumerfinance.gov/f/documents/102016_cfpb_PrepaidDisclosures.pdf

. Native design files

for printed long form disclosures and source code for web-based long form disclosures are

available at https://github.com/cfpb/prepaid-disclosure-files.

75 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4.4.1 Title

The first line of the long form disclosure must be a title or heading that states the name of the

prepaid account program and tells a consumer that the long form disclosures contain a list of all

fees for the prepaid account program. 12 CFR 1005.18(b)(4)(i) and (b)(7)(i)(B).

4.4.2 Fees

The long form disclosure must include all fees that may be imposed in connection with a prepaid

account, not just fees for EFTs or the right to make EFTs. 12 CFR 1005.18(b)(4)(ii). A financial

institution must disclose the amount of each fee that may be imposed in connection with the

prepaid account and the conditions, if any, under which the fee may be imposed, waived, or

reduced. 12 CFR 1005.18(b)(4)(ii); comment 105.18(b)(4)(ii)-2. However, a financial

institution does not have to disclose individual fee waivers or reductions granted to a particular

consumer or group of consumers on a discretionary or case-by-case basis. Comment

1005.18(b)(4)(ii)-2. A financial institution may not use any symbols, such as an asterisk, to

explain conditions under which any fee may be imposed. 12 CFR 1005.18(b)(4)(ii).

A financial institution may choose whether to disclose any service or feature it provides or offers

at no charge to the consumer. 12 CFR 1005.18(b)(4)(ii).

Examples: Ficus Bank waives the monthly fee for a prepaid account for the first two months

after a consumer opens a prepaid account. After the first two months, Ficus Bank charges a

monthly fee of $5, unless the consumer has a direct deposit to the prepaid account during the

month. In the long form disclosure, Ficus Bank must disclose the monthly fee amount of $5

and include an explanation that the monthly fee is waived during the first two months as well

as in any month the consumer receives a direct deposit to the prepaid account.

Ficus Bank offers a bill payment service for a prepaid account, but does not charge for this

service. Ficus Bank could list “online bill pay” and “$0” in the long form disclosure.

However, if the service is only provided at no charge for an introductory period or a fee is

waived or reduced under certain circumstances, Ficus Bank may not list the fee amount as

“$0.” Instead, it must list the highest fee, accompanied by an explanation of the waived or

reduced fee amount and any conditions for the waiver or discount.

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Finance charges

The long form disclosure must include finance charges imposed on the prepaid account in

connection with a covered separate credit feature. 12 CFR 1005.18(b)(4)(vii). However, finance

charges imposed on the covered separate credit feature itself are not included in the long form

disclosure’s fee table. Comment 1005.18(b)(4)(ii)-1. They may, however, be required to be

disclosed as part of the Regulation Z disclosures for overdraft credit features. Section 4.4.7

includes more information on the Regulation Z disclosures for overdraft credit features. For

additional guidance on how to disclose finance charges, see comment 1005.18(b)(7)(i)(B)-2. For

general information on finance charges, see 12 CFR 1026.4 and the related commentary.

Third-party fees

Generally, the fees in the long form disclosures must include third-party fee amounts known to

the financial institution. A financial institution may choose to include a statement that the

third-party fee is accurate as of or through a specific date. It may also choose to include a

statement that the third-party fee is subject to change. If a financial institution knows that a

third-party fee may apply but it does not know the amount of that fee, the financial institution

must include a statement indicating that the third-party fee may apply without specifying the fee

amount. 12 CFR 1005.18(b)(4)(ii). For example, if a financial institution permits out-of-

network ATM withdrawals, an ATM operator may charge the consumer a fee. However, if the

financial institution does not know the amount that an ATM operator may charge, the financial

institution must disclose that a third-party fee may apply for out-of-network ATM withdrawals

without specifying the amount. Comment 1005.18(b)(4)(ii)-4.

A financial institution is not required to revise the long form disclosure to reflect a change to a

third-party fee until such time that the financial institution manufactures, prints, or otherwise

produces new prepaid account packaging materials or otherwise updates the long form

disclosure. 12 CFR 1005.18(b)(4)(ii). Fees charged by a third party for a service performed on

behalf of the financial institution are not third-party fees. Comment 1005.18(b)(4)(ii)-4.

4.4.3 Registration and FDIC/NCUA insurance

The long form disclosure must include the same information about FDIC or NCUA insurance

and registration that is included in the short form disclosure for the prepaid account program.

Section 4.2.5 discusses the FDIC/NCUA insurance and registration information that is included

in the short form disclosure. Additionally, the long form disclosure must include an explanation

77 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

of FDIC or NCUA insurance coverage and the benefits of such coverage or the consequence of

the lack of such coverage, as applicable. 12 CFR 1005.18(b)(4)(iii).

Examples: Ficus Bank offers a prepaid account program that is set up to be eligible

for FDIC deposit insurance, but it does not conduct consumer identification and

verification before a consumer purchases a prepaid account. The prepaid accounts

are sold at a retail location. Ficus Bank may disclose the required statements on the

long form disclosure as follows: “Register your card for FDIC insurance eligibility

and other protections. Your funds will be held at or transferred to Ficus Bank, an

FDIC insured institution. Once there, your funds are insured up to $250,000 by the

FDIC in the event Ficus Bank fails, if specific deposit insurance requirements are met

and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.”

Birch Bank offers a prepaid account program that is not set up to be eligible for FDIC

insurance. The prepaid accounts are sold in retail locations, and Birch Bank

conducts consumer identification and verification after purchase of a prepaid

account. Birch Bank may disclose the required statements in the long form

disclosure as follows: “Not FDIC insured. Your funds will be held at or transferred to

Birch Bank. If Birch Bank fails, you are not protected by FDIC deposit insurance and

could lose some or all of your money. Register your card for other protections.”

Dogwood Credit Union offers a prepaid account program that is set up to be eligible

for NCUA share insurance, but it does not conduct consumer identification and

verification before a consumer purchases a prepaid account. The credit union sells

the prepaid accounts in its branches. Dogwood Credit Union may disclose the

required statement in the long form disclosure as follows: “Register your card for

NCUA insurance, if eligible, and other protections. Your funds will be held at or

transferred to Dogwood Credit Union, an NCUA-insured institution. Once there, if

specific share insurance requirements are met and your card is registered, your funds

are insured up to $250,000 by the NCUA in the event Dogwood Credit Union fails.”

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4.4.4 Overdraft credit features

The long form disclosure must include the same statement about overdraft credit features that is

included in the short form disclosure for the prepaid account program. 12 CFR

1005.18(b)(4)(iv). Section 4.2.4 discusses the statement about overdraft credit features that is

included in the short form disclosure.

4.4.5 Contact information

The long form disclosure must include a statement directing consumers to a telephone number,

mailing address, and website for the person or office that a consumer may contact to learn about

the prepaid account’s terms and conditions, to obtain prepaid account balance information, to

request an account transaction history, or to notify the financial institution when the consumer

believes that an unauthorized EFT has occurred. 12 CFR 1005.18(b)(4)(v).

4.4.6 Bureau website and telephone number

The long form disclosure must include a statement directing consumers to the Bureau’s website

(cfpb.gov/prepaid) for general information about prepaid accounts, and a statement directing

consumers to the Bureau’s telephone number (1-855-411-2372) and website

(cfpb.gov/complaint) to submit a complaint about a prepaid account. These statements must

use the following or substantially similar language: “For general information about prepaid

accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the

Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.” 12 CFR

1005.18(b)(4)(vi).

4.4.7 Regulation Z disclosures for overdraft credit

features

The long form disclosure must include the Regulation Z application and solicitation disclosures

required by 12 CFR 1026.60(e)(1) if, at any point, a covered separate credit feature may be

offered in connection with the prepaid account. Section 15.3.2 discusses covered separate credit

features. For more information on Regulation Z application and solicitation disclosures, see 12

CFR 1026.60.

If these Regulation Z disclosures are required to be included in the long form disclosure, they

must appear below the statements directing the consumer to the Bureau’s website and telephone

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number. Comment 1005.18(b)(5)-2. A financial institution may choose to include a heading or

other explanatory information regarding the covered separate credit feature immediately above

the Regulation Z disclosures. The Regulation Z disclosures must be provided in accordance with

the requirements for such disclosures set forth in 12 CFR 1026.60 and, to the extent possible, on

the same page as the other fees and statements in the long form disclosure. 12 CFR

1005.18(b)(4)(vii); comment 1005.18(b)(4)(vii)-1.

A financial institution is not required to revise the long form disclosure to reflect a change in the

fees or other terms included in the Regulation Z disclosures until such time as the financial

institution manufactures, prints, or otherwise produces new prepaid account packaging

materials or otherwise updates the long form disclosure. 12 CFR 1005.18(b)(4)(vii). This

exception applies only to these Regulation Z disclosures for the overdraft credit feature. It does

not extend to the separate disclosure of any finance charges imposed on the prepaid account in

connection with a covered separate credit feature (i.e., in the long form disclosure’s fee table

required by 12 CFR 1005.18(b)(4)(ii)). Section 4.4.2 discusses the separate requirement to

disclose finance charges in the long form disclosure’s fee table.

4.4.8 Format

When the long form disclosure is provided in writing or electronically, the fees and the

conditions under which they may be imposed must be disclosed in the form of a table. 12 CFR

1005.18(b)(6)(iii)(A). When providing a long form disclosure for multiple service plans, a

financial institution must present the fees and conditions under which each fee may be imposed

in the form of a table for all service plans. 12 CFR 1005.18(b)(6)(iii)(B)(3).

80 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The fees and the conditions under which they may be imposed must be generally grouped

together in the long form disclosure. The fees must be organized under subheadings by the

“categories of functions” for which they

may be imposed. The conditions must be

disclosed in close proximity to the fee

amount. 12 CFR 1005.18(b)(7)(i)(B). For

example, a financial institution complies

with this requirement if the text describing

the conditions is located directly to the

right of the fee amount.

The minimum type size for the long form

disclosure is 8 points. 12 CFR

1005.18(b)(7)(ii)(C).

For an example of how a financial

institution may set up its long form

disclosures, see Sample Form A-10(f),

which is available at

www.consumerfinance.gov/policy-

compliance/guidance/implementation-

guidance/prepaid-rule/. Native design

files for print disclosures and source code

for web-based disclosures are available at

https://github.com/cfpb/prepaid-disclosure-files.

The following “categories of function” appear

in the sample form and are examples of

categories that a financial institution might

use in the long form disclosures: Get started

(disclosing the card purchase price), Monthly

usage (disclosing the monthly fee), Add

money (disclosing fees for direct deposit and

cash reload), Spend money (disclosing bill

payment fees), Get cash (disclosing ATM

withdrawal fees), Information (disclosing

customer service and ATM balance inquiry

fees), Using your card outside the U.S.

(disclosing fees for international

transactions, international ATM withdrawals,

and international ATM balance inquiries),

and Other (disclosing the inactivity fee). A

financial institution may use some or all of

the categories or may create its own

categories.

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5. Disclosures on the access

device

A financial institution is required to provide certain disclosures on the prepaid card or other

access device for a prepaid account. 12 CFR 1005.18(f)(3). This means that the disclosures must

be on the card or device itself. Placing these disclosures on the packaging or other material

(such as a terms and conditions document) that accompanies the card or device or on a sticker

or label affixed to the card or device is not sufficient. Comment 1005.18(f)-3.

The two disclosures that must be on the prepaid card or other access device are:

1. The financial institution’s name. For a government benefit account, the name of the

financial institution that directly holds the account or issues the account’s access device is

disclosed. Comment 1005.15(f)-1.

2. A telephone number and a website URL that the consumer can use to contact the

financial institution about the prepaid card (e.g., to learn about the terms and conditions,

obtain account balance information, request an account transaction history, or notify the

financial institution of an unauthorized transaction). Comment 1005.18(f)-3.

12 CFR 1005.18(f)(3).

If a financial institution does not provide a physical access device for a prepaid account, these

disclosures must appear on the website, mobile application, or other entry point that a

consumer must visit to access the prepaid account electronically. 12 CFR 1005.18(f)(3).

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6. Initial disclosures

Regulation E requires a financial institution to provide initial disclosures of an account’s terms

and conditions. The Prepaid Rule extends Regulation E’s initial disclosure requirements to

prepaid accounts. As discussed in Section 6.2, it also modifies the content required to be

included in the initial disclosures for prepaid accounts. If a financial institution relies on the

periodic statement alternative discussed in Section 8, the Prepaid Rule requires certain

additional modifications to the initial disclosures. Those modifications are discussed in Section

6.3.

6.1 Timing and general requirements for

initial disclosures

Regulation E generally requires a financial institution to provide initial disclosures at the time a

consumer contracts for an EFT service or before the first EFT is made involving the consumer’s

account. 12 CFR 1005.7(a). A financial institution must provide the initial disclosures in

writing. If the financial institution complies with the E-Sign Act, it may provide the initial

disclosures electronically. The initial disclosures must also be clear, readily understandable, and

provided in a form the consumer may keep. 12 CFR 1005.4(a)(1).

6.2 Content of initial disclosures

Generally, the initial disclosures for a prepaid account must include all of the information

required in the long form disclosure for the prepaid account as well as the information required

to be included in the initial disclosures for other accounts subject to Regulation E. For prepaid

accounts that may be acquired before verification of the consumer’s identity is successfully

completed or that are in programs that do not have a consumer identification and verification

process, as discussed in Section 9.3, the financial institution must modify the content of the

initial disclosures. 12 CFR 1005.18(e)(3)(ii)(A). These modifications are discussed below.

Similarly, if a financial institution relies on the periodic statement alternative, the financial

institution must make certain modifications to the content of the initial disclosures. 12 CFR

1005.18(c)(1) and (d)(1). These modifications related to the periodic statement alternative are

discussed in Section 6.3.

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For model clauses that a financial institution can generally use for the initial disclosures, see

Model Clauses A-2 and Model Form A-3. For model clauses specific to prepaid accounts, see

also Model Clauses A-5 and A-7. For information on using model forms and clauses generally,

see the commentary related to Appendix A.

Generally, the initial disclosures for a prepaid account must include the following information:

1. Liability of consumers for unauthorized EFTs. A financial institution must include a

summary of the consumer’s liability for unauthorized EFTs. 12 CFR 1005.7(b)(1). A

financial institution does not need to provide the liability disclosures if it imposes no

liability. If it later decides to impose liability, it must first disclose a summary of the

consumer’s liability. Comment 1005.7(b)(1)-1.

A modified version of this requirement applies to the initial disclosures for prepaid accounts

that may be acquired before verification of the consumer’s identity is successfully completed

or that are in programs that do not have a

consumer identification and verification

process. For prepaid accounts that may be

acquired before verification of the

consumer’s identity is successfully

completed, the financial institution must

disclose the risks of not registering the

prepaid account, using a notice that is

substantially similar to paragraph (c) of

Model Clauses A-7. Similarly, the initial

disclosures for a prepaid account in a program that does not have a consumer identification

and verification process must provide a description of any limitations on the consumer’s

liability for unauthorized EFTs. If the financial institution does not limit the consumer’s

liability for unauthorized EFTs, the initial disclosures must state that there are no such

limits. 12 CFR 1005.18(d)(1)(ii).

Section 9.1 provides more information on consumer liability for unauthorized EFTs

generally, and Section 9.3 provides more information on consumer liability for unauthorized

EFTs on unverified prepaid accounts.

2. Telephone number and address. A financial institution must provide the telephone

number and address of the person or office to be notified when the consumer believes that

an unauthorized EFT has been or may be made on the prepaid account. 12 CFR

1005.7(b)(2).

The exception from the requirement to limit

a consumer’s liability for unauthorized EFTs

does not apply to payroll card accounts or

government benefit accounts. Therefore, the

initial disclosures for such prepaid accounts

must include a summary of the consumer’s

liability for unauthorized EFTs.

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3. Business days. A financial institution must provide its business days (i.e., “For purposes

of these disclosures, our business days are Monday through Friday. Holidays are not

included.”) 12 CFR 1005.7(b)(3). See also paragraph (c) of Model Clauses A-2.

4. Types of EFTs; limitations on frequency and dollar amount of EFTs. A financial

institution must provide information about the types of EFTs that may be made, and the

limitations on the frequency and dollar amount of EFTs. 12 CFR 1005.7(b)(4). If the

confidentiality of certain details is essential to the security of an account or system, these

details may be withheld (but the fact that limitations exist must still be disclosed). Comment

1005.7(b)(4)-1. Financial institutions are not required to list preauthorized EFTs among the

types of EFTs that a consumer can make. Comment 1005.7(b)(4)-3.

5. Fees and other information required to be in the long form disclosure. For accounts

other than prepaid accounts, Regulation E requires a financial institution to disclose any fees

imposed by the financial institution for EFTs or for the right to make EFTs. 12 CFR

1005.7(b)(5). For prepaid accounts, initial disclosures must include all of the information

required to be included in the long form disclosure, including all of the fee information.

Therefore, the initial disclosures for a prepaid account must include information about all

fees that the financial institution may charge, not just fees for EFTs or the right to make

EFTs. 12 CFR 1005.18(f)(1); comment 1005.18(f)-1. Section 4.4 discusses the information

that must be included in the long form disclosure and, therefore, must be included in the

initial disclosures for a prepaid account.

6. Documentation. A financial institution must include a summary of the consumer’s right

to receipts and periodic statements and notices regarding preauthorized EFTs under

Regulation E. 12 CFR 1005.7(b)(6). Section 8 provides information on periodic statements,

Section 10 provides information on receipts, and Section 11 provides information on notices

for preauthorized EFTs.

7. Stop payment. A financial institution must include a summary of the consumer’s right to

stop payment of a preauthorized EFT and the procedure for placing a stop-payment order, as

provided in Regulation E. 12 CFR 1005.7(b)(7). Section 11 provides information on stopping

payment on preauthorized EFTs.

8. Liability of institution. A financial institution must include a summary of the financial

institution’s liability to the consumer under Section 910 of EFTA for failure to make or to

stop certain EFTs. 12 CFR 1005.7(b)(8).

9. Confidentiality. A financial institution must disclose the circumstances under which, in

the ordinary course of business, the financial institution may provide information

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concerning the consumer’s account to third parties. 12 CFR 1005.7(b)(9). For this purpose,

third parties include the financial institution’s affiliates. Comment 1005.7(b)(9)-1.

10. Error Resolution. Generally, the initial disclosures must include an error resolution

notice that is substantially similar to Model Form A-3. A financial institution may use

different wording so long as the substance of the notice remains the same, may delete

inapplicable provisions (for example, the requirement for written confirmation of an oral

notification), and may substitute substantive state law requirements affording greater

consumer protection than Regulation E. Comment 1005.7(b)(10)-1. To take advantage of

the longer time periods for resolving errors in certain circumstances, a financial institution

must have disclosed these longer time periods. Comment 1005.7(b)(10)-2.

A modified version of this requirement applies to the initial disclosures for prepaid accounts

that may be acquired before verification of the consumer’s identity is successfully completed

or that are in programs that do not have a consumer identification and verification process.

For prepaid accounts that may be acquired before verification of the consumer’s identity is

successfully completed, a financial institution must disclose the risks of not registering the

prepaid account, using a notice that is substantially similar to paragraph (c) of Model

Clauses A-7. 12 CFR 1005.18(e)(3)(ii)(A). Similarly, the initial disclosures for a prepaid

account in a program that does not have a consumer identification and verification process

must provide a description of any error resolution process that applies to the prepaid

account. If the financial institution does not provide any error resolution protections, the

initial disclosures must state that there are no such protections. 12 CFR 1005.18(d)(1)(ii).

Section 9.1 provides more information on error resolution in general, and Section 9.3

provides more information on error resolution for unverified prepaid accounts.

As discussed below in Section 6.3, the error resolution notice must also be modified if the

financial institution relies on the periodic statement alternative.

11. ATM fees. A financial institution must disclose that a fee may be imposed by an ATM

operator for an EFT or for a balance inquiry, and by any network used to complete the

transaction. 12 CFR 1005.7(b)(11).

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6.3 Required modifications to initial

disclosures when financial institution

relies on the periodic statement

alternative

If a financial institution relies on the alternative to providing periodic statements for prepaid

accounts, it must modify the initial disclosures. Specifically, the financial institution must

include information on how to access prepaid account information and must replace the error

resolution notice otherwise required by Regulation E with an error resolution notice that reflects

the modified error resolution procedures that apply when the financial institution relies on the

periodic statement alternative. 12 CFR 1005.18(d)(1).

6.3.1 How a consumer accesses account information

The modified initial disclosures must inform the consumer how to access prepaid account

information and must include:

1. A telephone number that a consumer may call to obtain the account balance;

2. The means by which a consumer can obtain an electronic account transaction history,

such as the address of a website; and

3. A summary of a consumer’s right to receive a written account transaction history upon

request, including a telephone number to call to request a history.

12 CFR 1005.18(d)(1)(i).

For prepaid accounts other than government benefit accounts, a financial institution may make

these modified disclosures by providing a notice substantially similar to paragraph (a) of Model

Clauses A-7. 12 CFR 1005.18(d)(1)(i). For government benefit accounts, the government agency

may make these disclosures by providing a notice substantially similar to paragraph (a) of

Model Clauses A-5. 12 CFR 1005.15(e)(1)(i).

87 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

6.3.2 Error resolution procedures based on when a

consumer accesses account transaction histories.

In place of the error resolution notice otherwise required to be included in the initial

disclosures, a financial institution relying on the periodic statement alternative must use a

modified error resolution notice. For prepaid accounts other than government benefit accounts,

a financial institution must provide a modified error resolution notice substantially similar to

the notice contained in paragraph (b) of Model Clauses A-7. 12 CFR 1005.18(d)(1)(ii). For

government benefit accounts, the government agency must provide a notice that is substantially

similar to the notice in paragraph (b) of Model Clauses A-5. 12 CFR 1005.15(e)(1)(ii).

88 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

7. Change-in-terms notices

Generally, Regulation E requires a financial institution to mail or deliver a change-in-terms

notice if certain information required to be included in the initial disclosures changes. 12 CFR

1005.8(a). The Prepaid Rule extends Regulation E’s general change-in-terms requirements to

prepaid accounts. Additionally, as discussed below, because a financial institution must include

additional information in the initial disclosures for a prepaid account, the Prepaid Rule expands

the circumstances under which a change-in-terms notice may be required for a prepaid account.

12 CFR 1005.18(f)(2). However, the Prepaid Rule does not require a financial institution to

provide a change-in-terms notice under Regulation E solely to reflect a change to the terms and

conditions that apply to a covered separate credit feature

or to reflect a change in the amount of

a third-party fee. 12 CFR 1005.18(f)(2) and comment 1005.18(f)-2.

The Prepaid Rule requires a financial institution to mail or deliver a change-in-terms notice to

the consumer if:

1. A term or condition required to be disclosed in the initial disclosures (including any of the

information required in the long form disclosure) changes; and

2. The change results in any of the following:

a. Increased fees for the consumer. The Prepaid Rule requires that the initial disclosures

for a prepaid account include all of the information required to be disclosed in the long

form disclosure. As a result, a change-in-terms notice for a prepaid account is required

under Regulation E if a financial institution adds or increases a fee. See 12 CFR

1005.18(f)(1) and (2). However, the Prepaid Rule does not require a financial institution

to provide a change-in-terms notice under Regulation E solely to reflect a change to a

Although the Prepaid Rule does not require a financial institution to provide a change-in-terms notice under

Regulation E solely to reflect a change to the terms and conditions that apply to a covered separate credit feature, a

change-in-terms notice may be required under Regulation Z if the terms and conditions applicable to a covered

separate credit feature change.

89 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

third-party fee.

Similarly, if the financial institution is required to include Regulation Z

disclosures for a separate covered credit feature in the long form disclosure and initial

disclosures, as discussed in Sections 4.4.7 and 6.2, the financial institution is not

required to provide a change-in-terms notice under Regulation E solely to reflect a

change in the fees or terms imposed on the separate credit feature (i.e., the fees and

terms that are required to be included in the long form disclosure pursuant to 12 CFR

1005.18(b)(4)(vii)).

12 CFR 1005.18(f)(2). However, the Prepaid Rule does require a

financial institution to provide a change-in-terms notice under Regulation E if a finance

charge imposed on the prepaid account is added or increases (i.e., a change to the fees

required to be disclosed in the main fee portion of the long form disclosure pursuant to

12 CFR 1005.18(b)(4)(ii)). Comments 1005.18(b)(4)(ii)-1 and (f)-2.

b. Increased liability for the consumer.

c. Fewer types of available EFTs.

d. Stricter limitations on the frequency or dollar amounts of EFTs.

12 CFR 1005.8(a)(1) and 18(f)(2).

Generally, a financial institution must mail or deliver a change-in-terms notice required under

Regulation E at least 21 days before the effective date of the change. 12 CFR 1005.8(a)(1).

However, if an immediate change in the terms or conditions is necessary to maintain or restore

the security of a prepaid account or an EFT system, a financial institution does not need to give

prior notice of the change. If the financial institution makes the change permanent and

disclosure would not jeopardize the security of the account or system, the financial institution

must notify the consumer in writing of the change on or with the next regularly scheduled

periodic statement or within 30 days of making the change permanent. 12 CFR 1005.8(a)(2).

Fees charged by a service provider for a service performed on behalf of the financial institution are not third-party

fees. Comment 1005.18(b)(4)(ii)-4.

Although the Prepaid Rule does not require a financial institution to provide a change-in-terms notice under

Regulation E for changes to finance charges imposed on a covered separate credit feature, a change-in-terms notice

may be required under Regulation Z.

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The cancellation of an access device, such as a prepaid card, or the closing of some of a financial

institution’s ATMs does not require a change-in terms notice under Regulation E. Comment

1005.8(a)-2.

A financial institution must provide a change-in-terms notice required under Regulation E in

writing. If the financial institution complies with the E-Sign Act, it may provide the change-in-

terms notice electronically. 12 CFR 1005.4(a)(1). The notice must also be clear and readily

understandable and in a form the consumer can keep. 12 CFR 1005.4(a)(1). Otherwise,

Regulation E does not impose any specific form or wording requirements on change-in-terms

notices. The notice may appear on a periodic statement, or can be given by sending a copy of a

revised disclosure statement if the financial institution directs the consumer’s attention to the

change or changes (e.g., in a cover letter referencing the changed term). Comment 1005.8(a)-1.

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8. Periodic statements and

the periodic statement

alternative

The Prepaid Rule amends Regulation E to require financial institutions to either provide

consumers with periodic statements for prepaid accounts or to make certain account

information available to consumers under the periodic statement alternative. 12 CFR 1005.9(b);

1005.18(c)(1). It also requires financial institutions to include certain additional information,

such as summary totals of fees, on both periodic statements and account transaction histories

for prepaid accounts.

The Prepaid Rule also clarifies how financial institutions that rely on the periodic statement

alternative must comply with the Regulation E requirements relating to initial disclosures, the

annual error resolution notice, liability limits, and error resolution procedures. Section 9

discusses modified liability limits, error resolution procedures, and the annual error resolution

notice, and Section 6.3 discusses modifications to the initial disclosures.

8.1 Periodic statements

If a financial institution decides to provide periodic statements for a prepaid account, it must

send the consumer a periodic statement for each monthly cycle in which an EFT has occurred

and at least quarterly if no EFT has occurred. 12 CFR 1005.9(b). Generally, the financial

institution must comply with the requirements that apply to periodic statements for other

accounts subject to Regulation E. For example, the financial institution must provide periodic

statements in writing. If the financial institution complies with the E-Sign Act, it may provide

the periodic statements electronically. 12 CFR 1005.4(a)(1). However, the periodic statements

for prepaid accounts must include certain additional information. Periodic statements for

prepaid accounts must include the amount of any fee assessed against the prepaid account (not

just fees for EFTs, the right to make transfers, or account maintenance) and must also display

summary totals of fees for the prior calendar month and calendar year to date. 12 CFR

1005.18(c)(4) and (5).

92 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Each periodic statement for a prepaid account must set forth the following information, as

applicable:

1. For each EFT occurring during the statement cycle: (a) the amount of the EFT; (b) the

date the EFT was credited or debited to the prepaid account; (c) the type of EFT and type of

account to or from which the funds were transferred; (d) if the EFT (other than a deposit of

cash or a check, a draft, or similar paper instrument) was initiated by the consumer at an

electronic terminal, the terminal location (or an identification such as a code or terminal

number) where the EFT was initiated; and (e) the name of any third party to or from whom

funds were transferred. 12 CFR

1005.9(b)(1).

2. The prepaid account number. 12 CFR

1005.9(b)(2).

3. The amount of any fee assessed against

the prepaid account during the statement

cycle. 12 CFR 1005.9(b)(3); 1005.18(c)(4).

Unlike the Regulation E requirement for

other accounts, the requirement to include

the amount of any fee assessed against a

prepaid account during the statement cycle

is not limited to fees for EFTs, fees for the

right to make EFTs, or account

maintenance fees.

4. The balance in the account at the beginning of the statement period and the balance at the

end of the statement period. 12 CFR 1005.9(b)(4).

5. The address and telephone number that a consumer can use for inquiries or notices of

error. The address and phone number must be preceded by “Direct inquiries to” or similar

language. 12 CFR 1005.9(b)(5).

6. If a financial institution uses the telephone notice option for preauthorized EFTs pursuant

to 12 CFR 1005.10(a)(1)(iii), a telephone number that the consumer can call to determine if

preauthorized EFTs to the prepaid account have occurred. 12 CFR 1005.9(b)(6). Section 11

provides more information on notice requirements for preauthorized EFTs.

7. A summary total of the amount of all fees assessed by the financial institution against the

consumer’s prepaid account for the prior calendar month and for the calendar year to date.

12 CFR 1005.18(c)(5). Section 8.4 discusses the summary totals of fees requirement.

Regulation E also requires a financial

institution to provide an annual error

resolution notice. The financial institution

can satisfy this requirement by providing an

abbreviated error resolution notice on or

with each periodic statement. The

abbreviated notice must be substantially

similar to the abbreviated notice in Model

Form A-3. If the financial institution does

not provide an abbreviated notice on each

periodic statement, it must provide an

annual error resolution notice. 12 CFR

1005.8(b).

93 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

8.2 Alternative to periodic statements

A financial institution does not need to furnish periodic statements for a prepaid account if the

financial institution makes available or

provides (as applicable) all of the following:

1. Account balance information. The

financial institution must make a

consumer’s prepaid account balance

available through a readily available

telephone line. 12 CFR 1005.18(c)(1)(i).

For government benefit accounts, the

account balance must also be made

available at a terminal, such as by

providing balance information at a

balance inquiry terminal or providing it,

routinely or upon request, on a terminal

receipt. 12 CFR 1005.15(d)(1)(i).

2. Electronic account transaction

histories. A financial institution must

make available an electronic account

transaction history that covers at least 12

months preceding the date on which the

consumer electronically accesses the

prepaid account. 12 CFR

1005.18(c)(1)(ii). If a prepaid account has

been open for fewer than 12 months, the

financial institution need only provide the

electronic history for the period since the

time of account opening. If a prepaid

account is closed or becomes inactive, as

defined by the financial institution, the

financial institution does not need to make an electronic account transaction history

available for that prepaid account. However, if an inactive prepaid account becomes active,

the financial institution must again make available 12 months of electronic account

transaction history. Comment 1005.18(c)-4.

Regulation E requires that a financial

institution provide an annual error notice,

but allows an abbreviated error resolution

notice on each electronic and written account

transaction history as an alternative. The

abbreviated notice must be substantially

similar to the abbreviated notice for periodic

statements, paragraph (b) of Model Form A-

3, but modified to reflect the error resolution

procedures that apply when a financial

institution relies on the periodic statement

alternative. 12 CFR 1005.8(b); 1005.15(e)(2);

1005.18(d)(2). Section 9.2 provides more

information on these error resolution

procedures.

The periodic statement alternative requires

that an electronic account transaction history

covering at least 12 months be made

available to the consumer, such as through a

website. 12 CFR 1005.18(c)(1)(ii). If a

financial institution makes 12 months of

account transaction history available through

its website and also offers a mobile app

through which history is available, the mobile

app need not provide a full 12 months of

history.

94 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Electronic account transaction histories must display all of the information required to be

included in periodic statements for prepaid accounts, including the amount of any fees

assessed against the prepaid account and the summary totals of all fees assessed by the

financial institution against the prepaid account for the prior calendar month and calendar

year to date. 12 CFR 1005.18(c)(3) through (5). Section 8.4 includes more information on

the summary totals of fees requirement. Financial institutions must make electronic

account transaction histories available in a form consumers may keep, such as on a website

in a format that is capable of being printed or stored electronically using a web browser.

Comment 1005.18(c)-2.

3. Written account transaction histories.

A financial institution must provide a

written account transaction history for a

prepaid account promptly in response to

the consumer’s oral or written request. A

written account transaction history must

cover at least 24 months preceding the

date on which the financial institution

receives the consumer’s request for the

written account transaction history. 12

CFR 1005.18(c)(1)(iii). A financial institution may provide fewer than 24 months of written

account transaction history if a consumer requests a written history covering the shorter

period of time. If a prepaid account has been open for fewer than 24 months, a financial

institution need only provide the written history for the period since the time of account

opening. Even if a prepaid account is closed or becomes inactive, a financial institution must

continue to provide a written account transaction history covering at least 24 months prior

to the date the financial institution receives the consumer’s request for the history. When a

prepaid account has been closed or inactive for 24 months or longer, a financial institution is

no longer required to provide written account transaction histories under the Prepaid Rule.

Comment 1005.18(c)-5.

Generally, a financial institution may not charge the consumer for providing written account

transaction histories. However, a financial institution may charge a fee if the consumer’s

request exceeds the requirements of the Prepaid Rule. For example, a financial institution

may charge a fee if a consumer requests (and the financial institution provides) a written

account transaction history for transactions occurring more than 24 months preceding the

date the financial institution receives the consumer’s request. Similarly, a financial

institution may choose to offer automatic mailings of written account transaction histories

on a periodic basis. If a consumer elects to receive such automatic mailings, the financial

Electronic and written account transaction

histories must reflect EFTs once they have

posted to the prepaid account. A financial

institution does not need to include

transactions that have been authorized but

that have not yet posted. Comment

1005.18(c)-1.

95 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

institution may charge the consumer a fee for the automatic mailings but not for any written

account transaction histories that the financial institution sends in response to the

consumer’s written or oral request under the Prepaid Rule. A financial institution may

assess a fee or charge to the consumer for responding to multiple requests for written

account transaction histories if the requests are made in a single month. The financial

institution may not assess a fee or charge to the consumer for responding to the first request

made during the month, but may assess a fee or charge for responding to the subsequent

requests made during the same month. Comment 1005.18(c)-3.

Written account transaction histories must display all of the information required to be

included in periodic statements for prepaid accounts, including the amount of any fees

assessed against the account and the summary totals of all fees assessed by the financial

institution against the account for the prior calendar month and calendar year to date. 12

CFR 1005.18(c)(3) through (5). For prepaid accounts other than payroll card accounts and

government benefit accounts, a financial institution is not required to provide a written

account transaction history for a prepaid account if the financial institution has not

completed its consumer identification and verification process for that prepaid account. 12

CFR 1005.18(c)(2).

8.3 Accommodation to effective date for

account transaction histories

If, on April 1, 2019, a financial institution does not have readily accessible the data necessary to

make available or provide account transaction histories for 12 or 24 months (as applicable), the

financial institution can make available or provide such histories using the data for the time

period it has until it has accumulated the data necessary to comply in full with the Prepaid

Rule’s account transaction history requirements. 12 CFR 1005.18(h)(3)(i). All financial

institutions must fully comply with the electronic account transaction history requirement no

later than April 1, 2020, and the written account transaction history requirement no later than

April 1, 2021. Comment 1005.18(h)-6.i.

8.4 Summary totals of fees

A financial institution must provide a summary total of the amount of all fees the financial

institution assessed against the consumer’s prepaid account for the prior calendar month and

for the calendar year to date. The summary totals are not limited to fees for EFTs or the right to

make EFTs. These summary totals must be displayed on any periodic statements as well as on

96 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

any account transaction histories a financial institution provides or makes available. 12 CFR

1005.18(c)(5).

A financial institution may, but is not required to, include third-party fees in the summary

totals. Likewise, a financial institution may choose to inform consumers of third-party fees such

as by providing a disclaimer to indicate that the summary totals do not include certain third-

party fees, or to explain when third-party fees may occur, or through some other method.

Comment 1005.18(c)-8.ii.

A financial institution also may choose to include sub-totals of the types of fees that make up the

summary totals, as long as the financial institution also presents the combined totals of all fees.

Comment 1005.18(c)-9.

8.5 Accommodation to effective date for

summary totals of all fees

A financial institution must display the summary totals beginning on April 1, 2019. If, on April

1, 2019, the financial institution does not have readily accessible the data necessary to calculate

the summary totals, a financial institution may display the summary totals using the data it has

until the financial institution has accumulated the data necessary to display the summary totals

as required by the Prepaid Rule. 12 CFR 1005.18(h)(3)(ii). In this situation, a financial

institution would first display the monthly fee total beginning on May 1, 2019 (showing the fees

assessed in April 2019). It would also display the year-to-date fee total beginning on April 1,

2019, provided that it discloses it is displaying the year-to-date fee total beginning on April 1,

2019 (rather than for the entire calendar year 2019). On January 1, 2020, all financial

institutions must begin displaying the year-to-date fee totals for calendar year 2020. Comment

1005.18(h)-6.ii.

97 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

9. Error resolution and

limitations on liability

9.1 Limitations on liability

Regulation E limits a consumer’s liability for unauthorized EFTs from an account, and prohibits

a financial institution from imposing greater liability than is permissible under Regulation E. 12

CFR 1005.6; comments 1005.6(b)-2 and -3. If state law or an agreement between the consumer

and the financial institution imposes less liability than is provided under Regulation E, the

consumer’s liability must not exceed the amount imposed under the state law or agreement. 12

CFR 1005.6(b)(6). Regulation E also requires a financial institution to meet certain conditions

before it can impose any liability on a consumer for an unauthorized EFT. 12 CFR 1005.6(a). If

a financial institution satisfies these conditions, the consumer’s liability may vary depending on

whether the consumer reports the unauthorized EFT to the financial institution within certain

timeframes. 12 CFR 1005.6.

The Prepaid Rule extends Regulation E’s limitations on liability to prepaid accounts (except

unverified prepaid accounts), modifies the time period for reporting unauthorized EFTs if the

financial institution relies on the periodic statement alternative, and provides an alternative that

allows a financial institution to comply with the Prepaid Rule by limiting the consumer’s liability

for an unauthorized EFT reported by the consumer within 120 days after the EFT was credited

or debited to the consumer’s prepaid account. The exception for unverified prepaid accounts is

discussed in Section 9.3.

98 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

9.1.1 Conditions for imposing liability for unauthorized

EFTs

A consumer may only be held liable for an unauthorized EFT (within the dollar limits discussed

below) if the financial institution has provided all of the following written

disclosures to the

consumer:

1. A summary of the consumer’s liability

for unauthorized EFTs;

2. A telephone number and address for

reporting that an unauthorized EFT has

been or may be made; and

3. The financial institution’s business

days.

12 CFR 1005.6(a).

If an unauthorized EFT involved an access device, such as a prepaid card, both of the following

additional conditions must be met before the financial institution can impose liability (within

the limits otherwise permitted under Regulation E) on a consumer for the unauthorized EFT:

1. The access device must be an accepted access device. An access device becomes an

accepted access device when the consumer requests and receives the access device, signs it,

or uses (or authorizes someone else to use) it to transfer money or obtain money, property,

or services. An access device also becomes an accepted access device when the consumer

requests validation of an access device issued on an unsolicited basis or receives an access

device in renewal of or substitution for an accepted access device from either the financial

institution that initially issued the device or a successor. 12 CFR 1005.2(a)(2).

2. The financial institution must provide a means to identify the consumer to whom the

access device was issued. A financial institution may use various means for identifying the

consumer, such as electronic or mechanical confirmation (e.g., a PIN) or comparison of the

consumer’s signature, fingerprint or photograph. Comment 1005.6(a)-1.

The financial institution may provide these disclosures electronically if it provides them in compliance with the E-

Sign Act.

These three disclosures must be included in

the initial disclosures for the prepaid

account. 12 CFR 1005.7(b). If a financial

institution has not provided them, the

consumer is not liable for an unauthorized

EFT involving the consumer’s prepaid

account. 12 CFR 1005.6(a).

99 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

12 CFR 1005.6(a).

9.1.2 Reporting an unauthorized EFT

The generally applicable time limits within which a consumer must report a potential

unauthorized EFT or the loss or theft of an access device, and the related liability are illustrated

in the tables attached to this guide. The table in Attachment A illustrates the general limits that

apply if the financial institution provides periodic statements, and the table in Attachment B

illustrates the general limits if the financial institution relies on the periodic statement

alternative. If a consumer’s delay in notifying a financial institution was due to extenuating

circumstances, such as the consumer’s extended travel or hospitalization, the time periods for

notification specified in the tables must be extended to a reasonable time. 12 CFR 1005.6(b)(4);

comment 1005.6(b)(4)-1.

A consumer reports a potentially

unauthorized EFT or the loss or theft of an

access device when the consumer takes

reasonable steps to provide the financial

institution with the pertinent information,

whether or not a particular employee

actually receives the information. 12 CFR

1005.6(b)(5)(i). Even if the consumer is

unable to provide the account number or

the card number, the consumer effectively limits his or her liability if the consumer sufficiently

identifies the account in question, for example, by giving the name on the account and the type

of account. Comment 1005.6(b)(5)-3. The consumer may choose to report the potential

unauthorized use in person, by telephone, or in writing. 12 CFR 1005.6(b)(5)(ii). Written notice

of a potentially unauthorized EFT or lost or stolen access device is considered given at the time

the consumer mails a notice or delivers a notice for transmission by any other usual means to

the financial institution. Notice may also be considered given when the financial institution

becomes aware of circumstances leading to the reasonable belief that an unauthorized EFT has

been or may be made. 12 CFR 1005.6(b)(5)(iii).

In lieu of applying the limits on liability illustrated in the tables, a financial institution may

comply with the Prepaid Rule by limiting the consumer’s liability for any unauthorized EFT

reported by the consumer within 120 days after the EFT was credited or debited to the

In any action involving a consumer’s liability

for an unauthorized EFT, the burden of proof

is on the financial institution to show that the

EFT was authorized. If the EFT was

unauthorized, the burden of proof is on the

financial institution to show that conditions

permitting it to hold the consumer liable

have been met, including the condition that

the financial institution provided required

disclosures. 15 U.S.C. 1693g(b).

100 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

consumer’s prepaid account. 12 CFR 1005.18(e)(1)(ii). Financial institutions that choose to

investigate notices of error provided up to 120 days from the date a transaction has posted to a

consumer’s account may still disclose the error resolution time period otherwise required by the

Prepaid Rule (as set forth in paragraph (b) of Model Clauses A-7). Similarly, the summary of the

consumer’s liability in the initial disclosures may disclose that liability is based on the consumer

providing notice of error within 60 days of the consumer electronically accessing an account or

receiving a written history reflecting the error, even if, for some or all transactions, the financial

institution allows a consumer to assert a notice of error up to 120 days from the date of posting

of the alleged error. Comment 1005.18(e)-1.

9.2 Error resolution

Generally, Regulation E requires a financial institution to investigate and respond to a “notice of

error” about a consumer’s account within certain timeframes. 12 CFR 1005.11. The Prepaid

Rule extends these requirements to prepaid accounts, except for unverified prepaid accounts. 12

CFR 1005.18(e)(2) and (3). The exception for unverified prepaid accounts is discussed in

Section 9.3.

9.2.1 Error

For purposes of Regulation E’s error resolution procedures, an error includes any of the

following:

1. An unauthorized EFT. A financial institution is required to comply with the error

resolution procedures when a consumer reports a lost or stolen access device if the

consumer also alleges possible unauthorized use as a consequence of the loss or theft.

Comment 1005.11(a)-3.

2. An incorrect EFT to or from a consumer’s account (e.g., transfer for an incorrect amount).

3. Omission of an EFT from a periodic statement.

4. A financial institution’s computational or bookkeeping error relating to an EFT.

5. A consumer’s receipt of an incorrect amount of money from an electronic terminal (e.g.,

an ATM).

6. An EFT not identified in accordance with Regulation E.

101 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

7. A consumer’s request for certain documentation required under Regulation E (e.g., a

periodic statement, receipt, written account transaction history), or for additional

information or clarification concerning an EFT.

12 CFR 1005.11(a)(1).

The term error does not include a:

1. Routine inquiry about the balance in the consumer’s account;

2. Request for duplicate copies of documentation; or

3. Request for information for tax or other record-keeping purposes. A financial institution

must treat a request for documentation or other information as an error unless it is clear

that the consumer is requesting a duplicate copy for tax or other record-keeping purposes.

Comment 1005.11(a)-5.

12 CFR 1005.11(a)(2).

9.2.2 Notice of error

Providing notices of error

A financial institution must comply with Regulation E’s error resolution procedures with respect

to oral or written notices of error from a consumer. 12 CFR 1005.11(b). A financial institution

may require the consumer to give notice only at a telephone number or address that the

financial institution has disclosed, provided the financial institution maintains reasonable

procedures to refer consumers to the specified telephone number or address if the consumer

attempts to give notice in a different manner. Comment 1005.11(b)(1)-6.

The financial institution may require the consumer to give written confirmation of an oral notice

of error within 10 business days of the oral notice, but must tell the consumer of the

requirement and the address where confirmation must be sent. 12 CFR 1005.11(b)(2). If the

consumer sends the confirmation to the wrong address, the financial institution must process

the confirmation, but need not provisionally credit the consumer’s account if the confirmation is

delayed more than 10 business days in getting to the right place because it was sent to the wrong

address. Comment 1005.11(b)(2)-1. Moreover, a financial institution may not delay initiating or

completing an investigation pending receipt of written confirmation. Comment 1005.11(b)(1)-2.

102 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Content and timing criteria for notices of error

A financial institution must comply with

Regulation E’s error resolution procedures

with respect to a notice that satisfies all of the

following:

1. Enables the financial institution to

identify the consumer’s name and

account number. The notice does not need to include the account number itself, so long as

the financial institution is able to identify the account in question. 12 CFR 1005.11(b)(1)(ii);

comment 1005.11(b)(1)-1.

2. Indicates why the consumer believes an error exists and includes, to the extent possible,

the type, date, and amount of the error. A request for documentation or for additional

information or clarification concerning an EFT does not need to include this information. 12

CFR 1005.11(b)(1)(iii).

3. Is received within the time period specified in Regulation E. The Prepaid Rule modifies

Regulation E to specify timeframes that apply if a financial institution relies on the periodic

statement alternative and to provide an alternative “safe harbor” timeframe for a financial

institution that provides periodic statements as well as for a financial institution that relies

on the periodic statement alternative. 12 CFR 1005.18(e)(2)(i). If a financial institution

provides periodic statements for a prepaid account, the financial institution must comply

with Regulation E’s error resolution procedures if it receives notice not later than 60 days

after sending the periodic statement first reflecting the alleged error. 12 CFR

1005.11(b)(1)(i).

If a financial institution relies on the periodic statement alternative for a prepaid account, it

must comply with Regulation E’s error resolution procedures for a notice of error that is

received by the earlier of:

A financial institution must comply with

Regulation E’s error resolution procedures

when a consumer properly asserts an error,

even if the account has been closed.

Comment 1005.11(a)-4.

103 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

a. 60 days after the date a consumer electronically accesses the consumer’s account,

provided that the electronic account transaction history made available to the consumer

reflects the alleged error. A consumer is deemed to have accessed a prepaid account

electronically when the consumer

enters a user identification code or

password or otherwise complies with a

security procedure used by a financial

institution to verify the consumer’s

identity and to provide access to a

website or mobile application through

which prepaid account information

can be viewed. A financial institution

is not required to determine whether a

consumer has in fact accessed

information about specific

transactions to trigger the beginning of

the 60-day period. A consumer is not

deemed to have accessed a prepaid

account electronically when the

consumer receives an automated text

message or other automated account

alert, or checks the account balance by

telephone. Comment 1005.18(e)-2.

b. 60 days after the date the financial

institution sends, in response to a

consumer’s request, the first written account transaction history reflecting the alleged

error.

12 CFR 1005.11(e)(2)(i).

The Prepaid Rule provides an alternative to the 60-day period for responding to notices of

error. A financial institution may choose to comply with amended Regulation E by

responding to notices of error received within 120 days after the EFT allegedly in error was

credited or debited to the consumer’s prepaid account. 12 CFR 1005.18(e)(2)(ii). Financial

institutions that choose to investigate notices of error provided up to 120 days from the date

A financial institution that provides account

transaction histories is not required to

comply with Regulation E’s error resolution

procedures for any notice of error received

more than 60 days after the earlier of the

date the consumer electronically accesses the

account transaction history or the date the

financial institution sends a written account

transaction history upon the consumer’s

request. Alternatively, a financial institution

need not comply with the error resolution

procedures with respect to any notice of error

received more than 120 days after the date of

posting of the transfer allegedly in error.

However, where the consumer’s assertion of

error involves an unauthorized EFT, the

institution must comply with Regulation E’s

limitation on liability provisions (including

the extension of time limits for reporting

unauthorized EFTs) before it may impose

any liability on the consumer. Comment

1005.18(e)-3.

104 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

a transaction has posted to a consumer’s account may still disclose the error resolution time

period generally required by Regulation E. See, for example, Model Clauses A-5 and A-7.

Specifically, a financial institution may disclose to prepaid account holders that it will

investigate any notice of error provided within 60 days of the consumer electronically

accessing an account or receiving a written history upon request that reflects the error, even

if, for some or all transactions, the institution investigates any notice of error provided up to

120 days from the date that the transaction alleged to be in error has posted to the

consumer’s account. Similarly, an institution’s summary of the consumer’s liability in the

initial disclosures (as required under 12 CFR 1005.7(b)(1)) may disclose that liability is based

on the consumer providing notice of error within 60 days of the consumer electronically

accessing an account or receiving a written history reflecting the error, even if, for some or all

transactions, the institution allows a consumer to assert a notice of error up to 120 days from

the date of posting of the alleged error. Comment 1005.18(e)-1.

When a notice of error is based on documentation or clarification that the consumer

previously requested under Regulation E’s error resolution procedures, the consumer’s

notice of error is timely if the financial institution receives it no later than 60 days after the

financial institution sent the documentation or clarification the consumer requested. 12 CFR

1005.11(b)(3).

9.2.3 Error resolution procedures

After receiving a notice of error from a consumer, a financial institution must do all of the

following:

1. Promptly investigate the oral or written notice of error. A financial institution must

investigate promptly to determine whether an error occurred. 12 CFR 1005.11(c). It may not

delay initiating or completing an investigation pending receipt of written confirmation of an

oral notice of error. Comment 1005.11(b)(1)-2.

2. Within the required timeframe, complete its investigation and determine whether an

error occurred. Generally, the financial institution must complete its investigation and

determine whether an error occurred within 10 business days. 12 CFR 1005.11(c)(1). The

financial institution may take up to 45 days to complete its investigation if it:

a. Provisionally credits the amount of the alleged error to the consumer’s account within

10 business days of receiving the notice or error. The provisional credit must include

interest where applicable. A financial institution can withhold a maximum of $50 if the

105 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

financial institution has a reasonable basis for believing an unauthorized EFT has

occurred and the financial institution has provided required disclosures;

b. Informs the consumer, within two business days after the provisional crediting, of the

amount and date of the credit; and

c. Gives the consumer full use of the funds during the investigation.

12 CFR 1005.11(c)(2).

The financial institution need not provisionally credit the prepaid account to take up to

45 days to complete its investigation if the financial institution requires but does not

receive written confirmation of an oral notice of error within 10 business days, or if the

alleged error involves an account subject to Regulation T, 12 CFR part 220. 12 CFR

1005.11(c)(2)(i). Additionally, for prepaid accounts that are not payroll card accounts or

government benefit accounts, the financial institution need not provisionally credit the

prepaid account if the financial institution has not completed its identification and

verification process with respect to the prepaid account. 12 CFR 1005.11(c)(2)(i).

Section 9.2.4 discusses when a financial institution does not have to provide provisional

credit to extend an investigation related to an unverified prepaid account.

If a notice involves an error that occurred within 30 days after the first deposit to the

account was made, the time periods are extended from 10 business days to 20 business

days for completing an investigation before provisionally crediting the account, and from

45 days to 90 days for completing the investigation overall. If the notice of error involves

a transaction that was not initiated in a state or resulted from a POS debit card

transaction, including a prepaid card transaction, the 45 days is extended to 90 days. 12

CFR 1005.11(c)(3).

3. Correct the error, if any, within one business day after determining that an error has

occurred. If the financial institution determines that an error has occurred, it must (within

If the unauthorized EFT involved an access device, the access device must be an accepted device, and the financial

institution must have provided a means to identify the consumer in order for the financial institution to withhold

$50. 12 CFR 1005.11(c)(2) and 6(a).

106 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

one business day after such determination) correct the error, including the crediting of

interest and refunding of fees, if applicable. 12 CFR 1005.11(c)(1); comment 1005.11(c)-6.

4. Report the results of its investigation to the consumer within three business days after

completing its investigation. If the financial institution determines that the alleged error

occurred, it must report the results of its investigation to the consumer and, if applicable,

notify the consumer that the provisional credit has been made final. 12 CFR

1005.11(c)(2)(iii) and (iv). If the financial institution determines that no error occurred or

that an error occurred in a different manner or amount from that described by the

consumer, the financial institution must report the results to the consumer, including a

written explanation of its findings. The explanation must include a notice of the consumer’s

rights to request the documents upon which the financial institution relied in making its

determination. Upon request from the consumer, the financial institution must promptly

provide to the consumer copies of documents upon which it relied in making its

determination. 12 CFR 1005.11(d).

If a financial institution debits a provisionally credited amount, it must notify the consumer

of the date and amount of the debit and of the fact that the financial institution will honor

checks, drafts, or similar instruments payable to third parties and preauthorized EFTs from

the consumer’s account for five business days after the notification. The financial institution

need honor only items that it would have paid if the provisionally credited funds had not

been debited. 12 CFR 1005.11(d)(2). Alternatively, a financial institution may notify the

consumer that the consumer’s account will be debited five business days from the

transmittal of the notice, provided that the notice tells the consumer the calendar date that

the financial institution will debit the account. Comment 1005.11(d)(2)-1.

A financial institution that has fully complied with Regulation E’s error resolution requirements

generally does not need to reinvestigate if a consumer later reasserts the same error. 12 CFR

1005.11(e). However, if the consumer requested documentation or information under the error

resolution procedures and, following receipt of that documentation or information, asserts an

error, the financial institution is required to investigate if the consumer provides a notice of

error within 60 days of receiving the documentation or information. 12 CFR 1005.11(e).

9.2.4 Annual error resolution notice

Unless the exception in Section 9.3 applies, a financial institution must mail or deliver to a

consumer, at least once each calendar year, an error notice substantially similar to the

applicable Model Form for accounts to or from which EFTs can be made. 12 CFR 1005.8(b). If

the financial institution provides periodic statements, the notice must be substantially similar to

107 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

paragraph (a) of Model Form A-3. If the financial institution relies on the periodic statement

alternative and the account is a government benefit account, the notice must be substantially

similar to paragraph (b) of Model Clauses A-5. 12 CFR 1005.15(e)(2). If the financial institution

relies on the periodic statement alternative and the account is any other type of prepaid account

(i.e., not a government benefit account), the notice must be substantially similar to paragraph

(b) of Model Clauses A-7. 12 CFR 1005.18(d)(2).

Alternatively, a financial institution may provide an abbreviated notice on each periodic

statement or on each electronic account transaction history and written account transaction

history. The abbreviated notice must be substantially similar to the abbreviated notice in

paragraph (b) of Model Form A-3. If the financial institution relies on the periodic statement

alternative, the abbreviated notice must be modified as necessary to reflect the applicable error

resolution procedures. 12 CFR 1005.15(e)(2); 1005.18(d)(2).

9.3 Exception for unverified prepaid

accounts

A prepaid account (other than a payroll card account or government benefit account) is not

subject to the Prepaid Rule’s limited liability and error resolution requirements if the financial

institution has not successfully completed its consumer identification and verification process

with respect to that prepaid account. 12 CFR 1005.18(e)(3).

A financial institution has not successfully completed its consumer identification and

verification process where:

1. It has not concluded its consumer identification and verification process with respect to a

particular prepaid account, provided the financial institution has disclosed to the consumer

the risks of not registering and verifying the prepaid account using a notice that is

substantially similar to the model notice contained in paragraph (c) of Model Clauses A-7.

12 CFR 1005.18(e)(3)(ii)(A). Consumer identifying information may include the consumer’s

full name, address, date of birth, and Social Security number or other government-issued

identification number. Comment 1005.18(e)-4. A financial institution may not delay

completing its consumer identification and verification process or refuse to verify a

consumer’s identity based on the consumer’s assertion of an error. Comment 1005.18(e)-5.

108 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2. It has concluded its consumer identification and verification process with respect to a

particular prepaid account, but could not verify the identity of the consumer, provided the

financial institution has disclosed to the consumer the risks of not registering and verifying

the account using a notice that is substantially similar to the model notice contained in

paragraph (c) of Model Clauses A-7. 12 CFR 1005.18(e)(3)(ii)(B).

3. It does not have a consumer

identification and verification process for

the prepaid account program, and it:

• Provides the alternative initial

disclosure required pursuant to the

Prepaid Rule and,

• Complies with the error resolution

process and limitations on liability

(if any) it has disclosed. 12 CFR

1005.18(e)(3)(ii)(C).

A financial institution that collects and verifies

consumer identifying information, or that

obtains such information after it has been

collected and verified by a third party, prior to

or as part of the account acquisition process, is

deemed to have successfully completed its consumer identification and verification process with

respect to that account. Comment 1005.18(e)-6.

Example: Any State University contracts with Ficus Bank to disburse financial aid to

students via Ficus Bank’s prepaid accounts. To facilitate the accurate disbursal of aid

awards, the university provides Ficus Bank with identifying information about the

university’s students, whose identities the university has previously verified. Ficus Bank

is deemed to have completed its consumer identification and verification process with

respect to those prepaid accounts.

Once a financial institution successfully completes its consumer identification and verification

process with respect to a prepaid account, the financial institution must limit the consumer’s

As discussed in Section 6, the Prepaid Rule

requires alternative initial disclosures for

prepaid accounts in a program that does not

have an identification and verification

process. The alternative initial disclosures

must include a description of the error

resolution process (if any) and the limitations

on the consumer’s liability for unauthorized

EFTs (if any) that apply to the prepaid

account. If the financial institution does not

limit liability or offer error resolution

protections for prepaid accounts in such a

program, the initial disclosures must state

that there are no such limitations or

protections. 12 CFR 1005.18(d)(1)(ii).

109 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

liability for unauthorized EFTs and resolve errors that occur after verification, in accordance

with the Prepaid Rule’s and Regulation E’s timing requirements. A financial institution is not

required to limit a consumer’s liability for unauthorized EFTs or resolve errors that occur prior

to the financial institution’s successful completion of its consumer identification and verification

process with respect to a prepaid account. 12 CFR 1005.18(e)(3)(iii); comment 1005.18(e)-4.

110 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

10. Receipts at electronic

terminals

Under Regulation E, a financial institution must make a receipt available to a consumer who

initiates an EFT at an electronic terminal in an amount of more than $15. 12 CFR 1005.9. The

financial institution must make the receipt available at the time the consumer initiates the EFT,

and the receipt must include the following information, as applicable:

1. The amount of the EFT.

2. The date the consumer initiates the EFT.

3. The type of EFT and the type of account to or from which the funds are transferred. The

type of account may be omitted if the access device used is able to access only one account at

that terminal.

4. A number or code that identifies the consumer’s account(s), or the access device used to

initiate the EFT (the number or code need not exceed four digits or letters).

5. The terminal’s location, or an identification such as a code or terminal number.

6. The name of any third party to or from who funds are transferred.

12 CFR 1005.9(a).

The Prepaid Rule extends these requirements to prepaid accounts. Under the Prepaid Rule,

financial institutions must make a receipt available to a consumer who initiates an EFT to or

from a prepaid account at an electronic terminal if the EFT exceeds $15. 12 CFR 1005.9(a) and

(e).

111 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

11. Preauthorized EFTs

Generally, Regulation E requires financial institutions or payors to provide consumers with

notices of certain recurring preauthorized EFTs to an account and prohibits initiating an EFT

from a consumer’s account without a signed (or similarly authenticated) written authorization

from the consumer. 12 CFR 1005.10. Regulation E requires the person that obtains the

authorization, often a third-party payee, to provide a copy of the authorization to the consumer.

The Prepaid Rule extends Regulation E’s provisions on preauthorized EFTs to prepaid accounts.

If a person initiates a preauthorized EFT to a prepaid account at least once every 60 days, the

financial institution that holds the prepaid account must provide notice to the consumer unless

the payor initiating the EFT notifies the consumer that the EFT has been initiated. 12 CFR

1005.10(a)(1) and (2). The financial institution can provide oral or written notice within two

business days after the EFT occurs or the date on which the EFT was scheduled to occur if it

does not occur. 12 CFR 1005.10(a)(1)(i) and (ii). Alternatively, the financial institution can

provide a readily available telephone line that the consumer can call to determine if the EFT

occurred. In this case, the financial institution must disclose the readily available telephone

number in the initial disclosures and on each periodic statement or, if the financial institution

relies on the periodic statement alternative, in each account transaction history. 12 CFR

1005.10(a)(1)(iii). A financial institution that receives such preauthorized EFTs must credit the

amount of the EFT to the consumer’s prepaid account as of the date the funds are received. 12

CFR 1005.10(a)(3).

The consumer must sign or similarly authenticate an authorization for any preauthorized EFT

from his or her prepaid account. 12 CFR 1005.10(b). The authorization must be in writing. It

can be obtained electronically if the E-Sign Act’s consumer consent and other applicable

requirements are met. Comment 1005.10(b)-5. The person that obtains an authorization from a

consumer must provide the consumer with a copy of the authorization. 12 CFR 1005.10(b).

Additionally, either the payee or the financial institution must provide additional notice to the

consumer when preauthorized EFTs under the same authorization vary in amount. There are

two options for providing this additional notice. First, the payee or financial institution can

send the consumer written notice of the amount and date of an EFT that varies in amount from

the preauthorized amount or the previous EFT. The payee or financial institution must provide

this notice at least 10 days before the scheduled date of the EFT. 12 CFR 1005.10(d)(1).

112 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Alternatively, a financial institution or payee can provide the consumer with the option of

receiving notice only when an EFT is outside of a specified range or varies from the most recent

EFT by more than an agreed-upon amount. 12 CFR 1005.10(d)(2). However, the payee or

financial institution must inform the consumer that he or she has the right to receive a notice for

all varying EFTs. 12 CFR 1005.10(d).

A consumer has the right to stop payment on a preauthorized EFT from a prepaid account by

notifying the financial institution orally or in writing at least three business days before the

scheduled date of the EFT. 12 CFR 1005.10(c)(1). If the consumer notifies the financial

institution orally, the financial institution may require the consumer to provide written

confirmation within 14 days of the oral notice. The oral stop payment order ceases to be binding

after the 14-day period if the consumer fails to provide the written confirmation. 12 CFR

1005.10(c)(2).

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12. Issuance of an access

device

Regulation E limits when a financial institution may issue an access device to a consumer. The

Prepaid Rule extends these limits to access devices for prepaid accounts.

For purposes of Regulation E, “access device” means a card, code, or other means of access to a

consumer’s account (or any combination of them) that may be used to initiate EFTs. 12 CFR

1005.2(a)(1).

Generally, a financial institution may issue an access device, such as a prepaid card, to a

consumer only if one or both of the following apply:

1. The financial institution is issuing the access device in response to an oral or written

request for the device. A consumer is deemed to request an access device for a prepaid

account when, for example, the consumer acquires a prepaid account in a retail location or

applies for a prepaid account by telephone or online. Comment 1005.18(a)-1. For

government benefit accounts, a consumer is deemed to request an access device when the

consumer applies for government benefits that the government agency disburses or will

disburse by means of an EFT. 12 CFR 1005.15(b). For payroll card accounts, a consumer is

deemed to request an access device when the consumer chooses to receive salary or other

compensation through a payroll card account. Comment 1005.18(a)-1.

2. The financial institution is issuing the access device as a renewal of, or in substitution

for, an accepted device issued by the financial institution or a successor. An access device

becomes an accepted access device when the consumer requests and receives the access

device, or signs it, or uses (or authorized someone else to use) it to transfer money between

accounts or obtain money, property, or services. An access device also becomes an accepted

access device when the consumer requests validation of an unsolicited access device or

receives an access device in renewal of or substitution for an accepted access device. 12 CFR

1005.2(a)(2). Only one renewal or substitute card or device may replace a previously issued

device. A financial institution may provide additional devices at the time it issues the

renewal or substitute access device provided the institution complies with the requirements

for issuing unsolicited access devices for the additional devices. Comments 1005.5(a)(2)-1

and (b)-5.

12 CFR 1005.5(a).

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However, Regulation E does permit a financial institution to issue an unsolicited access device

in certain circumstances. A financial institution may distribute an access device on an

unsolicited basis if the access device is:

1. Not validated, meaning that the

financial institution has not yet

performed all the procedures that would

enable a consumer to initiate an EFT

using the access device;

2. Accompanied by a clear explanation

that the access device is not validated and

how the consumer may dispose of the

device if validation is not desired;

3. Accompanied by initial disclosure of

the consumer’s rights and liabilities under

Regulation E that will apply if the device

is validated; and

4. Validated only in response to the

consumer’s oral or written request for

validation, after the financial institution

has verified the consumer’s identity by a

reasonable means. For purposes of this requirement, the financial institution may use any

reasonable means to verify the consumer’s identity. However, even if reasonable means

were used, if the institution fails to verify correctly the consumer’s identity and an imposter

succeeds in having the access device validated, the consumer is not liable for any

unauthorized transfers from the account. Comment 1005.5(b)-4.

12 CFR 1005.5(b).

If credit is offered in connection with a prepaid account, an access device for the prepaid

account may also be subject to Regulation Z. For the issuance rules that apply under Regulation

Z if an access device is a hybrid prepaid-credit card, see 12 CFR 1026.12(a) and the related

commentary. Sections 15.2 and 15.3.2 discuss when an access device is a hybrid prepaid-credit

card.

The Prepaid Rule explains how to comply

with Regulation E’s unsolicited issuance

provisions when a prepaid account (other

than a payroll card account or government

benefit account) is used to disburse funds to

a consumer, and the financial institution or

third party making the disbursement does

not offer any alternative means by which the

consumer can receive those funds. In this

situation, in order to satisfy the requirement

discussed in #2 in the list on the left and set

forth in 12 CFR 1005.5(b)(2), the financial

institution must inform the consumer that

there are no other means by which the

consumer can initially receive the funds in

the prepaid account other than by accepting

the access device as well as the consequences

of disposing of the access device. Comment

1005.18(a)-1.

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13. Compulsory use

Regulation E prohibits financial institutions and other persons from requiring a consumer to

establish an account for receipt of EFTs with a particular institution as a condition of

employment or receipt of a government benefit. The Prepaid Rule adds clarification regarding

the compulsory use prohibition with regard

to the receipt of government benefits.

Regulation E also prohibits conditioning an

extension of credit to a consumer on a

consumer’s repayment by preauthorized EFT,

except in certain circumstances. The Prepaid

Rule extends this prohibition to prepaid

accounts, but modifies an exception that

would otherwise apply for credit extended

under an overdraft credit plan or to maintain

a specified account balance.

A government agency may not require

consumers to receive government benefits by direct deposit to any particular institution. A

government agency may require direct deposit of benefits by electronic means if recipients are

allowed to choose the institution that will receive the direct deposit. Alternatively, a government

agency may give recipients the choice of having their benefits deposited at a particular

institution (designated by the government agency) or receiving their benefits by another means.

Comment 1005.10(e)(2)-2. This clarification corresponds to a similar comment regarding

payroll card accounts, which provides that an employer (including a financial institution) may

not require its employees to receive their salary by direct deposit to any particular institution.

An employer may require direct deposit of salary by electronic means if employees are allowed

to choose the institution that will receive the direct deposit. Alternatively, an employer may give

employees the choice of having their salary deposited at a particular institution (designated by

the employer) or receiving their salary by another means, such as by check or cash. Comment

1005.10(e)(2)-1.

Regulation E also prohibits conditioning an extension of credit to a consumer on a consumer’s

repayment by preauthorized EFT, except for credit extended under an overdraft credit plan or

extended to maintain a specified minimum balance in a consumer’s account. 12 CFR

Because these prohibitions on compulsory

use are part of Regulation E, the definition of

“financial institution” in Regulation E

(discussed above) applies. However,

financial institutions are not the only ones

subject to the prohibitions. These

prohibitions apply to any person. For this

purpose, “person” means a natural person or

an organization including a corporation,

government agency, estate, trust,

partnership, proprietorship, cooperative, or

association. 12 CFR 1005.2(j); 1005.10(e).

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1005.10(e). However, a creditor may offer a program with a reduced annual percentage rate or

other cost-related incentive for an automatic repayment feature, provided the program with the

automatic payment feature is not the only loan program offered by the creditor for the type of

credit involved. Comment 1005.10(e)(1)-4.

The Prepaid Rule extends the compulsory use prohibition related to credit to prepaid accounts.

It also provides that the exception for credit extended under an overdraft credit plan or to

maintain a specified account balance does not apply to a covered separate credit feature. 12 CFR

1005.10(e)(1). Therefore, creditors may not require that credit extended under a covered

separate credit feature be repaid by electronic means on a preauthorized, recurring basis. The

prohibition on requiring repayment by preauthorized EFT applies to any credit extended under

such a credit feature, including preauthorized checks. Comment 1005.10(e)(1)-3.i. Section 15.3

discusses covered separate credit features.

The exception for credit extended under an overdraft credit plan or to maintain a specific

account balance applies to repayment of an overdraft credit plan if the overdraft credit plan is

not a covered separate credit feature. A financial institution may require the automatic

repayment of an overdraft credit plan, other than a covered separate credit feature, even if the

overdraft extension is charged to an open-end account that may be accessed by the consumer in

ways other than by overdrafts. Credit extended through a negative balance on the asset feature

of a prepaid account that meets the conditions of Regulation Z is considered credit extended

pursuant to an overdraft credit plan for these purposes. Thus, the exception for credit extended

under an overdraft credit plan or to maintain a specific account balance applies to this credit.

Comment 1005.10(e)(1)-2. Sections 15.4 and 15.5 discuss when a negative balance on a prepaid

account’s asset feature is permitted.

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14. Requirements related to

prepaid account

agreements

The Prepaid Rule imposes requirements on issuers regarding prepaid account agreements.

First, an issuer must make submissions of prepaid account agreements to the Bureau on a

rolling basis. Generally, these submissions must include new and amended prepaid account

agreements, notifications of withdrawn prepaid account agreements, and information about the

issuer and prepaid account agreements. 12 CFR 1005.19(b)(1). Second, an issuer must post on

its publicly available website certain prepaid account agreements that the issuer offers to the

general public. 12 CFR 1005.19(c). Finally, for all open prepaid accounts, the issuer must

provide a consumer with access to the prepaid account agreement governing the consumer’s

prepaid account. The issuer can either post the consumer’s prepaid account agreement on its

website or provide a copy upon the consumer’s request. 12 CFR 1005.19(d)(1). This section

discusses each of these requirements as well as some general terms related specifically to them.

14.1 Issuers subject to the requirements

For purposes of the requirements discussed in this Section 14, an issuer is the entity to which

the consumer is legally obligated, or would be legally obligated, under the terms of the prepaid

account agreement. 12 CFR 1005.19(a)(4). Subject to applicable laws and regulations, the

issuer may contract with a third party to satisfy its obligations, such as making submissions to

the Bureau. However, the issuer remains responsible for compliance with the Prepaid Rule.

Comment 1005.19(a)(4)-2.

14.2 Prepaid account agreements

14.2.1 Definition

For purposes of the requirements discussed in this Section 14, “prepaid account agreement”

means:

118 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. The written document or documents evidencing the terms of the legal obligation (or

prospective obligation) between an issuer and a consumer of a prepaid account. An

agreement may consist of several documents that, taken together, define the legal

obligations between the parties. Each document is part of the prepaid account agreement.

Comment 1005.19(a)(1)-1.

2. The short form disclosure for the prepaid account.

3. The fee information and statements required to be disclosed in the long form disclosure

for the prepaid account.

12 CFR 1005.19(a)(1) and (a)(3).

The following are not deemed to be part of the prepaid account agreement:

1. Ancillary disclosures required by state

or federal law, such as affiliate marketing

notices, privacy policies, or disclosures

under the E-Sign Act;

2. Solicitation or marketing materials;

3. Periodic statements; and

4. Documents that may be sent to a

consumer along with a prepaid account or prepaid account agreement such as a cover letter,

a validation sticker on the card, or other information about card security.

12 CFR 1005.19(b)(6)(i)(C).

14.2.2 Form of prepaid account agreement

The prepaid account agreements that an issuer includes in submissions to the Bureau, posts on

its website, and provides to consumers must comply with certain form and content

requirements

. 12 CFR 1005.19(b)(1), (b)(6), (c)(2), and (d)(2).

They must be in a clear and

legible font. 12 CFR 1005.19(b)(6)(i)(D). The short form disclosure and the fee information and

statements required to be included in the long form disclosures (which the Prepaid Rule

See Section 14.3 of this Guide for more information on the Bureau’s Technical Specifications for Submitting

Prepaid Agreements to the Bureau.

When making submissions to the Bureau,

posting prepaid account agreements, or

providing them to consumers upon request, a

prepaid account issuer is not required by the

Prepaid Rule to provide these documents

that are not deemed to be part of the prepaid

account agreement.

119 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

collectively refers to as the “fee information” in 12 CFR 1005.19) must be set forth in the prepaid

account agreement or in addenda to the prepaid account agreement. 12 CFR 1005.19(b)(6)(ii).

The short form disclosure and the long form disclosure’s fee information and statements may be

included in a single addendum or in separate addenda if they are not integrated into the

agreement itself.

For purposes of the requirements discussed in this Section 14, an issuer may not submit, post, or

provide provisions of the prepaid account agreement in the form of change-in-terms notices or

riders (except that it can provide the fee information in addenda). Changes must be integrated

into the text of the prepaid account agreement or the optional fee information addenda, as

appropriate. 12 CFR 1005.19(b)(6)(iii).

Financial institutions are permitted to post and provide prepaid account agreements, as

required by 12 CFR 1005.19(c) and (d), in electronic form without regard to the consumer notice

and consent requirements of the E-Sign Act, except where the Prepaid Rule requires otherwise.

14.2.3 Open prepaid accounts

Certain requirements discussed in this Section 14 apply to all “open prepaid accounts,” and

certain exceptions discussed in this Section 14.3.2 apply depending on how many open prepaid

accounts an issuer has at a designated point in time. For these purposes, a prepaid account is an

“open prepaid account” if it meets any of the following three criteria, regardless of whether the

issuer considers the account inactive or if the prepaid account has been suspended temporarily:

1. There is an outstanding balance on the prepaid account;

2. A consumer can load funds to the prepaid account even if the prepaid account does not

currently have a balance; or

3. A consumer can access credit from a covered separate credit feature in connection with

the prepaid account.

12 CFR 1005.19(a)(7); comment 1005.19(a)(7)-1.

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14.3 Making submissions to the Bureau

14.3.1 General requirement

Issuers are required to make submissions to the Bureau on a rolling basis. Issuers must submit

prepaid account agreements that the issuer offers, prepaid account agreements that the issuer

has amended, and notifications that the issuer is withdrawing a prepaid account agreement.

Issuers must also submit these agreements in

the form and manner specified by the Bureau.

The Bureau’s

Technical Specifications for

Submitting Prepaid Agreements, which are

discussed in Section 14.3.5, provide details

regarding the form and manner for submitting

the agreements to the Bureau. For example,

the agreements must be submitted in Portable

Document Format (PDF) file format. They

must also be text-searchable, digitally created

PDFs.

The Prepaid Rule also specifies information

about the issuer and the prepaid account

agreements that must be included in each

submission. 12 CFR 1005.19(b). The content for submissions is discussed in Section 14.3.4.

The requirement to make submissions on a rolling basis means that the issuer must make

submissions within 30 days after a triggering event. The triggering events are when an issuer

offers a new prepaid account agreement, amends a prepaid account agreement, or ceases to offer

(or withdraws) a prepaid account agreement. 12 CFR 1005.19(b)(1). For more information on

the timing for submissions, see Section 14.3.3.

Generally, an issuer must make submissions for prepaid account agreements it offers to

consumers. The issuer “offers” a prepaid account agreement if the issuer markets, solicits

applications for, or otherwise makes available a prepaid account that would be subject to the

prepaid account agreement. For purposes of the submission requirement, it is not relevant

whether the issuer offers the prepaid account agreement to the general public. 12 CFR

1005.19(a)(5). If the issuer offers the prepaid account agreement, it must submit the prepaid

If a program manager offers prepaid account

agreements in conjunction with multiple

issuers, each issuer must submit its own

agreement(s) to the Bureau. Alternatively,

each issuer may rely on the program

manager to submit the issuer’s prepaid

account agreements on its behalf. Comment

1005.19(b)(1)-2.

To help issuers make submissions, the

Bureau has published a number of guides

and tools regarding the agreement

submission process, which are available at

https://www.consumerfinance.gov/data-

research/prepaid-accounts/.

121 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

account agreement to the Bureau, unless one of the exceptions, below, applies. An issuer no

longer offers a prepaid account agreement when it no longer allows a consumer to activate or

1005.19(b)(3)-1. If the issuer previously made submissions for the prepaid account agreement,

the issuer must submit a notification that it is withdrawing the prepaid account agreement no

later than 30 days after it ceases offering it. 12 CFR 1005.19(b)(3).

14.3.2 Exceptions

There are two exceptions to the submission requirement: the de minimis exception and the

product testing exception. The de minimis exception’s applicability depends upon the issuer’s

total number of open prepaid accounts, whereas the product testing exception applies to a

specific prepaid account agreement. The exceptions, which are discussed below, are

independent of one another. Comment 1005.19(b)(4)-1.

De Minimis exception

An issuer is not required to make submissions to the Bureau if the issuer has fewer than 3,000

open prepaid accounts. An issuer determines if it qualifies for the de minimis exception based

on the number of open prepaid accounts it has on the last day of each calendar quarter. 12 CFR

1005.19(b)(4)(i). If an issuer who previously qualified for the de minimis exception has 3,000

or more open prepaid accounts as of the last day of a calendar quarter, the issuer must begin

making submissions to the Bureau no later than 30 days after the last day of the calendar

quarter. It does not matter if the issuer had fewer than 3,000 open prepaid accounts during the

calendar quarter.

If an issuer that previously made submissions to the Bureau qualifies for the de minimis

exception, the issuer can either notify the Bureau that it is withdrawing the prepaid account

agreements it previously submitted and then stop making submissions, or it can continue

making rolling submissions to the Bureau as otherwise required under the Prepaid Rule. 12

CFR 1005.19(b)(4); comment 1005.19(b)(4)-5. For example, an issuer may continue to make

submissions, rather than notify the Bureau, if its number of open prepaid accounts fluctuates

above and below the de minimis exception threshold from one calendar quarter to the next.

However, an issuer that anticipates that its open prepaid accounts will remain below the

threshold for a long period may decide to notify the Bureau that it is withdrawing the prepaid

122 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

account agreements it previously submitted. An issuer may choose either option regardless of

whether it anticipates that its open prepaid accounts will remain below the threshold.

Product testing exception

An issuer is not required to make submissions to the Bureau about a particular prepaid account

agreement if the agreement:

1. Is offered as part of a product test offered to only a limited group of consumers for a

limited period of time;

2. Is used for fewer than 3,000 open prepaid accounts; and

3. Is not offered other than in connection with such product test.

12 CFR 1005.19(b)(5).

If a prepaid account agreement fails to meet any of these criteria as of the last day of a calendar

quarter, the issuer must submit the prepaid account agreement to the Bureau no later than 30

days after the last day of that calendar quarter. 12 CFR 1005.19(b)(5)(i).

If a prepaid account agreement that the issuer previously submitted to the Bureau qualifies for

the product testing exception, the issuer must continue to make submissions to the Bureau on a

rolling basis with respect to that agreement until the issuer notifies the Bureau that the issuer is

withdrawing the agreement. 12 CFR 1005.19(b)(5)(ii).

14.3.3 Timing for submissions to the Bureau

Except as noted below for updates to the list of names of other relevant parties, an issuer must

make a submission to the Bureau no later than 30 days after each of the following events:

1. Offering a prepaid account agreement. As discussed in Section 14.3.1, an issuer “offers” a

prepaid account agreement if it markets, solicits applications for, or otherwise makes

available a prepaid account that would be subject to the agreement. 12 CFR 1005.19(a)(5).

123 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

2. Amending a previously submitted

prepaid account agreement or

amending the identifying information

that is part of a prior submission. An

issuer “amends” the identifying

information if it changes the identifying

information about its submitted prepaid

account agreements or information

about the issuer. Comment

1005.19(a)(2)-1. However, as discussed

below, an issuer may delay submitting a

change to the list of names of other

relevant parties (which is part of the

identifying information). See Section

14.3.4 for additional details regarding

the identifying information that an issuer must include in submissions.

An issuer “amends” a prepaid account agreement if it makes a substantive change to the

agreement. A change to a prepaid account agreement is substantive if it alters the rights or

obligations of the issuer or the consumer under the agreement. 12 CFR 1005.19(a)(2). The

following are examples of substantive changes:

a. Adding or deleting a provision that gives an issuer or consumer a right under the

prepaid account agreement.

b. Adding or deleting a provision that creates an obligation under the prepaid account

agreement for an issuer or consumer.

c. Changing a choice of law provision or making other changes that may affect how the

terms are construed or applied.

d. Making changes that may affect the prepaid account’s cost to the consumer.

e. Making any change to the short form disclosure or the fee information and statements

required to be disclosed in the long form disclosure.

f. Making changes to the parties to whom the prepaid account agreement may apply

(including changes to provisions regarding authorized users or assignment of the

agreement).

In order to ensure that they submit prepaid

account agreements to the Bureau in a timely

manner, issuers should consider updating

any policies, procedures, and checklists

related to offering new prepaid account

agreements, making substantive changes to

prepaid account agreements, or ceasing to

offer prepaid account agreements so that

they address the requirement to make

submissions to the Bureau. Although not

required by the Prepaid Rule, issuers may

also want to note the date and contents of

submissions in such checklists.

124 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

g. Making changes to the name of the

prepaid account program, the prepaid

account issuer, the program manager

or another relevant party, or making

changes to the issuer’s address or

identifying number.

Comment 1005.19(a)(2)-1.

The following are examples of changes that are not substantive changes:

a. Correcting typographical errors that do not affect the meaning of the terms of the

prepaid account agreement;

b. Changing the issuer’s corporate logo or tag line;

c. Making formatting changes that do not change the meaning of the prepaid account

agreement’s terms (including changes to fonts or margins or conversion of an agreement

from a booklet to a full-sheet format).

d. Reordering sections of the prepaid account agreement as long as reordering does not

change the meaning of any of its terms.

e. Adding, removing, or changing a table of contents or index.

f. Changing titles, headings, section numbers or captions.

Comment 1005.19(a)(2)-2.

3. Ceasing to offer (or withdrawing) a prepaid account agreement. An issuer is required to

submit a notification of a withdrawn prepaid account agreement no later than 30 days after

ceasing to offer or withdrawing a prepaid account agreement that the issuer previously

submitted to the Bureau. An issuer ceases to offer or withdraws a prepaid account

agreement when it no longer allows a consumer to activate or register a new account in

connection with that agreement. 12 CFR 1005.19(b)(3); comment 1005.19(b)(3)-1.

Although an issuer must generally make a submission no later than 30 days of amending a

previously submitted prepaid account agreement or amending the identifying information that

is part of a prior submission, an issuer may delay submitting a change to the list of names of

other relevant parties (which is part of the identifying information) until the earlier of:

As discussed below, an issuer may delay

submitting a change to the list of names of

other relevant parties (which is part of the

identifying information).

125 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

a. Such time as the issuer is otherwise submitting an amended agreement or changes to

other identifying information about the issuer and its submitted agreements. 12 CFR

1005.19(b)(2)(ii)(A); or

b. May 1, for changes to the list of names that occurred between the issuer’s last submission

of relevant party information and April 1 of that calendar year. 12 CFR

1005.19(b)(2)(ii)(B). If a change to the list of names occurs after April 1 of a particular

calendar year, the issuer must submit the updated list of names no later than May 1 of

the following calendar year (unless required to submit the changes to the list of names

sooner under 12 CFR 1005.19(b)(2)(ii)(A), as discussed immediately above).

Examples: Ficus Bank is the issuer for a payroll card account program. It submits

the payroll card agreement for the program along with required identifying

information, including the list of names of other relevant parties to that agreement

(i.e., the employers) on May 1, 2019. On July 1, 2019, Ficus Bank adds four new

employers under that payroll card agreement. Ficus Bank is not required to make a

submission to update the list of names within 30 days of July 1, 2019. It is required to

make a submission to update the list of names of other relevant parties to reflect the

four new employers at the earlier of May 1, 2020, or the time that it otherwise submits

updated identifying information or an updated payroll card account agreement.

Birch Bank is the issuer for a payroll card account program. It submits the payroll

card agreement for the program along with required identifying information,

including the list of names of other relevant parties to that agreement (i.e., the

employers) on May 1, 2019. On July 1, 2019, Birch Bank adds two new employers

under that payroll card agreement. Birch Bank also adds a new feature and

accompanying fee to the payroll card account program. These changes are effective on

January 1, 2020. Ficus Bank is required to submit a revised payroll card account

agreement and updated list of names of other relevant parties by January 31, 2020. It

cannot wait until May 1, 2020, to submit the updated list of names of other relevant

parties for the employers added on July 1, 2019.

126 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The submission requirement is effective April 1, 2019. By May 1, 2019, issuers must submit to

the Bureau any prepaid account agreements that they offered as of April 1, 2019. After April 1,

2019, issuers must submit new and amended prepaid account agreements and notifications of

withdrawn prepaid account agreements to the Bureau no later than 30 days after offering,

amending, or ceasing to offer the agreements. 12 CFR 1005.19(f).

14.3.4 Content of submissions to the Bureau

An issuer must make submissions to the Bureau in the form and manner specified by the

Bureau. Each submission must contain:

1. Identifying information about the

issuer. This information must include

the issuer’s name, address, and

identifying number (such as an RSSD

ID number or tax identification

number).

2. Any prepaid account agreement

offered by the issuer that has not been

previously submitted to the Bureau.

3. Any prepaid account agreement

previously submitted to the Bureau that

has been amended.

Examples (Cont’d): Dogwood Credit Union is the issuer for a payroll card account

program. It submits the payroll card agreement for the program along with required

identifying information, including the list of names of other relevant parties to that

agreement (i.e., the employers) on May 1, 2019. Dogwood Credit Union adds two new

employers under the payroll card agreement on March 1, 2020. Dogwood Credit

Union does not make any other changes to the agreement before April 1, 2020.

Dogwood Credit Union is required to make a submission to update the list of names of

other relevant parties no later than May 1, 2020.

An issuer must make submissions to the

Bureau in the form and manner specified by

the Bureau. Where an issuer offers, for

example, a payroll card program through

multiple employers, all using the same

prepaid account agreement, the issuer is not

required to submit the same agreement

separately for each employer. Rather, the

issuer submits the prepaid account

agreement once, including in the identifying

information it provides pursuant to 12 CFR

1005.19(b)(1)(i) a list of employers for which

the agreement is used.

127 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4. Identifying information about the prepaid account agreement(s) that the issuer is

submitting, including:

a. The effective date of each prepaid account agreement;

b. The name of the program manager, if any, for each agreement; and

c. The names of other relevant parties, if applicable, for each for each agreement (e.g.,

employer for a payroll card program or the agency for a government benefit program).

5. Notification regarding any prepaid account agreement previously submitted to the Bureau

that the issuer is withdrawing.

12 CFR 1005.19(b)(1).

The fee information for prepaid accounts under the same prepaid account program may vary

from one consumer to another based on the consumer’s state of residence or other factors. In

these cases, the variations do not constitute separate prepaid account agreements. The issuer

must submit one prepaid account agreement to the Bureau with fee information that lists the

possible fee variations and includes relevant information about the variations. Comment

1005.19(b)(6)-2. The prepaid account agreements submitted to the Bureau must not include

any personally identifiable information relating to any consumer, such as name, address,

telephone number, or account number. 12 CFR 1005.19(b)(6)(i)(B).

The issuer must submit the version of the prepaid account agreement that is in effect at the time

of the submission. 12 CFR 1005.19(b)(6)(i)(A). If the issuer makes a substantive change to a

prepaid account agreement that it previously submitted, it must submit the amended prepaid

account agreement no later than 30 days after the change takes effect. 12 CFR 1005.19(b)(2).

Section 14.2.2 provides additional information on the requirements related to the form and

content of prepaid account agreements submitted to the Bureau. Section 14.3.5 summarizes the

technical specifications for submitting a prepaid account agreement to the Bureau.

14.3.5 Form and manner required for submissions to the

Bureau

Issuers are required to submit prepaid account agreements and agreement information, as

described in Section 14.3.4 of this Guide, to the Bureau in the form and manner specified by the

128 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Bureau. 12 CFR 1005.19(b)(1). The Bureau’s Technical Specifications for Submitting Prepaid

Agreements provide details regarding the form and manner for submitting these agreements.

Issuers are required to submit prepaid account agreements and agreement information to the

Bureau using the Collect website. The Collect website can be accessed at

https://collect.consumerfinance.gov

. To register, submitters must complete and submit a

registration form to Collect_Suppor[email protected]. The Collect website registration form is

available at https://www.consumerfinance.gov/data-research/prepaid-accounts/issuer-

instructions/. Once submitters receive their login credentials, they will be able to add, amend,

or withdraw prepaid account agreements using the Collect website.

Documents submitted through the Collect website must be in the Portable Document Format

(PDF) file format, and must be text-searchable, digitally-created PDFs. These PDF files should

not be scanned documents, otherwise known as “image-only” PDFs, as these are not text-

searchable.

To help issuers make submissions, the Bureau has published a number of guides and tools

regarding the agreement submission process, which are available at

https://www.consumerfinance.gov/data-research/prepaid-accounts/.

14.4 Posting prepaid agreements offered

to the general public on the prepaid

account issuer’s publicly available

website

14.4.1 General requirement to post prepaid agreements

offered to the general public

An issuer must post and maintain a prepaid account agreement on its publicly available

website if both of the following apply:

84 FR 7979 (March 6, 2019).

129 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. The prepa.id account agreement is an agreement that the issuer is required to submit to

the Bureau. If an issuer is not required to submit any prepaid account agreements to the

Bureau because the issuer qualifies for the de minimis exception, the issuer is not required

to post and maintain any prepaid account agreements on its publicly available website.

Likewise, if a prepaid account agreement qualifies for the product testing exception, the

issuer is not required to post and maintain that particular prepaid account agreement on its

publicly available website. Comment 1005.19(c)-1.

2. The prepaid account agreement is offered to the general public. An issuer offers a

prepaid account agreement to the general public if the issuer markets, solicits applications

for, or otherwise makes the prepaid account available to the general public. 12 CFR

1005.19(a)(6). A prepaid account agreement is offered to the general public even if the

issuer markets, solicits applications for, or otherwise makes the prepaid account available

only to a limited group of people. Comment 1005.19(a)(6)-1. However, a prepaid account

agreement is not offered to the general public when it is only offered by virtue of a

consumer’s relationship with a third party. For example, agreements for payroll card

accounts, government benefit accounts, and prepaid accounts used to disburse student

financial aid or insurance proceeds are not offered to the general public. Comment

1005.19(a)(6)-2.

12 CFR 1005.19(c)(1).

14.4.2 Location and format for posting prepaid account

agreements offered to the general public

If a prepaid account agreement meets the criteria in Section 14.4.1, the issuer must post and

maintain the agreement on its publicly available website. In certain circumstances, a third

party’s website is deemed to be maintained by the issuer for this purpose. If the issuer provides

consumers with access to specific information about their prepaid accounts, such as balance

information or copies of statements, through the third party’s website, the issuer is considered

to maintain that website for purposes of the posting requirement. Comment 1005.19(c)-2. This

is the case even if, for example, an unaffiliated entity designs the website, an unaffiliated entity

owns and maintains the information technology infrastructure that supports the website,

consumers with prepaid accounts from multiple issuers can access individual account

information through the same website, or the website is not labeled, branded, or held out as

belonging to the issuer. Comment 1005.19(a)(4)-3.

130 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Prepaid account agreements may be posted in any electronic format that is readily usable by the

general public. They must be placed in a prominent location that is readily accessible to the

public without the submission of personally identifiable information. 12 CFR 1005.19(c)(4).

Prepaid account agreements posted on the issuer’s publicly available website must not contain

any personally identifiable information relating to any consumer, such as name, address,

telephone number, or account number, and must contain the provisions of the prepaid account

agreement and the fee information that are currently in effect. 12 CFR 1005.19(b)(6)(i)(A) and

(B).

Section 14.2.2 provides additional information on the requirements related to the form and

content of prepaid account agreements posted on issuers’ publicly available websites.

14.4.3 Updating the prepaid account agreement posted

on the issuer’s publicly available website

An issuer must post and update prepaid account agreements on its publicly available website as

frequently as the issuer is required to submit new or amended agreements to the Bureau. 12

CFR 1005.19(c)(3).

14.5 Posting or providing prepaid account

agreements for all open prepaid

accounts

14.5.1 General requirement to post or provide prepaid

account agreements for all open prepaid accounts

For all open prepaid accounts, an issuer must do one (but could choose to do both) of the

following:

131 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

1. Post and maintain a consumer’s prepaid

account agreement on the issuer’s website.

If the issuer posts and maintains the

consumer’s specific prepaid account

agreement on its publicly available website,

the issuer has satisfied this requirement. If

the issuer is not required to post an

agreement on its publicly available website,

the issuer can nonetheless post and

maintain it on the publicly available portion of the issuer’s website or the portion that the

consumer can access after logging into his or her prepaid account. 12 CFR 1005.19(d)(1)(i).

2. Promptly provide a copy of the consumer’s prepaid account agreement to the consumer

upon the consumer’s request. If an issuer makes the prepaid account agreement available

upon request, it must allow the consumer to request a copy by telephone. 12 CFR

1005.19(d)(1)(ii). The issuer must send a copy of the consumer’s prepaid account agreement

to the consumer no later than five business days after the issuer receives the consumer’s

request. Comment 1005.19(d)-2. The issuer must provide the prepaid account agreement to

the consumer in paper form, unless the consumer agrees to receive it electronically. 12 CFR

1005.19(d)(2)(vi).

14.5.2 Form of the prepaid account agreement provided

to the consumer or posted on the issuer’s website

Prepaid account agreements posted on the publicly available portion of the issuer’s website

cannot contain any personally identifiable information. 12 CFR 1005.19(b)(6)(i)(B). Other

prepaid account agreements, such as those provided to consumers or posted on a portion of the

issuer’s website that is not publicly available, may contain personally identifiable information,

such as the consumer’s name, address, telephone number or account number, provided the

issuer takes appropriate measures to make that agreement accessible only to the consumer or

other authorized persons. 12 CFR 1005.19(d)(2)(iii).

Prepaid account agreements posted or otherwise provided to the consumer must set forth the

specific provisions and fee information applicable to the particular consumer and must conform

to the form and content requirements for agreements submitted to the Bureau discussed in

Section 14.3.4. 12 CFR 1005.19(d)(2)(i) and (iv).

An issuer is required to post or provide

prepaid account agreements for all open

prepaid accounts. The requirement is not

limited to prepaid account agreements the

issuer offers to the general public.

Additionally, the de minimis and product

testing exceptions do not apply to this

requirement.

132 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

14.5.3 Updating the prepaid account agreement posted

on the website

The issuer must update the prepaid account agreements posted on its website as frequently as

the issuer is required to submit amended agreements to the Bureau. Agreements provided to a

consumer upon the consumer’s request must be accurate as of the date the agreement is sent to

the consumer. 12 CFR 1005.19(d)(2)(v).

133 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

15. Overdraft credit features

The Prepaid Rule amends Regulations E and Z to regulate overdraft credit features that are

offered in connection with prepaid accounts. Generally, the Prepaid Rule requires such credit

features to be structured as a separate credit subaccount or account (i.e., as a separate credit

feature) distinct from the prepaid account’s asset feature. However, it permits credit to be

accessed through a negative balance on a prepaid account’s asset feature if certain conditions

are met. Information on separate credit features is provided in Sections 15.3 and 15.7, and

information on offering credit accessed through a negative balance on a prepaid account’s asset

feature is provided in Sections 15.4, 15.5, and 15.6.

The Prepaid Rule adds the term “hybrid prepaid-credit card” to Regulation Z and applies

specific requirements to hybrid prepaid-credit cards and separate credit features that are

accessed by them. If a prepaid card can access credit through a separate credit feature, it might

be a hybrid prepaid-credit card depending on who offers the credit, the circumstances under

which the credit can be accessed and other conditions set forth in the Prepaid Rule. A separate

credit feature accessed by a hybrid prepaid-credit card is called a “covered separate credit

feature.” Information about when a prepaid card that can access credit through a separate

credit feature is a hybrid prepaid-credit card is provided in Section 15.3.

The Prepaid Rule also extends certain existing provisions of Regulation Z to hybrid prepaid-

credit cards and covered separate credit features. It modifies and clarifies some of the general

Regulation Z requirements specifically with respect to hybrid prepaid-credit cards and covered

separate credit features. Section 15.7 discusses Regulation Z’s general applicability to hybrid

prepaid-credit cards and covered separate credit features, but this guide does not discuss all of

the possible provisions of Regulation Z that could apply to a hybrid prepaid-credit card or a

covered separate credit feature.

134 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

15.1 Prepaid accounts, asset features,

and credit features

The Prepaid Rule applies the definition of “prepaid account,” which is discussed in Section 2, to

Regulation Z. 12 CFR 1026.61(a)(5)(v). Because “prepaid account” has the same meaning under

both amended Regulation E and amended Regulation Z, the meaning of the term is the same

throughout this guide.

As discussed in the Prepaid Rule, a prepaid account has an asset feature and may have a credit

feature in certain circumstances. The

Prepaid Rule defines “asset feature,” for

purposes of the Prepaid Rule, as an

asset account that is a prepaid account

or an asset subaccount of a prepaid

account. 12 CFR 1026.61(a)(5)(ii).

The Prepaid Rule defines “credit

feature” as a separate credit account or

a credit subaccount of a prepaid account

through which credit can be extended in

connection with a prepaid card, or a

negative balance on the asset feature of

a prepaid account through which credit

can be extended in connection with a

prepaid card. 12 CFR 1026.61(a)(5)(iv).

Regulation Z defines “credit” as the right to defer payment of debt or to incur debt and defer its

payment. 12 CFR 1026.2(a)(14).

Credit includes authorization of a transaction on the asset

feature of a prepaid account where the consumer has insufficient or unavailable funds in the

asset feature of the prepaid account at the time the transaction is authorized to cover the

amount of the transaction. It also includes settlement of a transaction on the asset feature of a

prepaid account where the consumer has insufficient or unavailable funds in the asset feature of

the prepaid account at the time the transaction is settled to cover the amount of the transaction.

This includes a transaction where the consumer has sufficient or available funds in the asset

feature of a prepaid account to cover the amount of the transaction at the time the transaction is

This definition of credit feature only applies for

purposes of Regulation Z with respect to credit in

connection with a prepaid account or prepaid card.

It does not affect when an account, subaccount or

negative balance is a credit feature under

Regulation Z with respect to credit in relation to a

debit card or a checking account or other

transaction account that is not a prepaid account.

Comment 1026.61(a)(5)(iv)-1. The Prepaid Rule

does not change the rules in Regulation Z that apply

to credit extended in connection with debit cards,

checking accounts, or other asset accounts that are

not prepaid accounts.

135 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

authorized but insufficient or unavailable funds in the asset feature of the prepaid account to

cover the transaction amount at the time the transaction is settled. Comment 1026.2(a)(14)-3.

A credit feature does not include an asset account other than a prepaid account that has an

attached overdraft feature. Comment 1026.61(a)(5)(iv)-2.

15.2 Prepaid cards, prepaid account

issuers, and card issuers

The Prepaid Rule defines “prepaid card” for

purposes of Regulation Z. For these purposes,

“prepaid card” means any card, code, or other

device that can be used to access a prepaid

account. 12 CFR 1026.61(a)(5)(vii). The term

“prepaid card” is not limited to an actual card.

For example, a prepaid account number is a

prepaid card if it can be used to access a

prepaid account. Comment 1026.61(a)(5)(vii)-

1. If it satisfies the criteria discussed in Section

15.3.2, the account number is also a hybrid

prepaid-credit card. Comment 1026.61(a)(1)-2.

Thus, if a consumer can use a prepaid account

number to access a prepaid account that can be

used for online bill payment services offered by the prepaid account issuer, the prepaid account

number is a prepaid card and is a hybrid prepaid-credit card if it meets the conditions discussed

in Section 15.3.2. Comments 1026.61(a)(1)-5 and (a)(5)(vii)-1.

Example: A consumer transfers funds to a prepaid account from a checking account.

An overdraft feature is attached to the checking account. The transfer exceeds the

amount of available funds in the checking account and triggers the checking account’s

overdraft feature. The checking account is not a credit feature for purposes of the Prepaid

Rule even though the transfer of funds to the prepaid account triggers the overdraft

feature that is attached to the checking account.

To assist with compliance, the Prepaid Rule

defines “debit card” for purposes of

Regulation Z to mean “any card, plate, or

other single device that may be used from

time to time to access an asset account other

than a prepaid account.” The definition of

“debit card” specifies that it does not include

a prepaid card. 12 CFR 1026.2(a)(15)(iv).

Under amended Regulation Z, different rules

apply depending on whether an overdraft

credit feature is accessed by prepaid card or

by a debit card. The Prepaid Rule does not

change the rules that apply to debit cards

under Regulation Z.

136 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

A digital wallet that is capable of being loaded with funds is a prepaid account under amended

Regulation E and amended Regulation Z. See 12 CFR 1005.2(b)(3) and 1026.61(a)(5)(v);

comments 1005.2(b)(3)(i)-6 and 1026.61(a)(1)-4. Therefore, a prepaid account number that can

access such a digital wallet is a prepaid card and is a hybrid prepaid-credit card if it meets the

conditions discussed in Section 15.3.2. Comments 1026.61(a)(1)-4 and (a)(5)(vii)-1.

Under amended Regulation Z, “prepaid account issuer” means a financial institution, as defined

in Regulation E, with respect to a prepaid account. 12 CFR 1026.61(a)(5)(vi). An “issuer” as

defined in amended Regulation E (12 CFR 1005.19) for purposes of the prepaid account

agreement submission and posting requirements and a “prepaid account issuer” under

Regulation Z are not necessarily the same entity.

A “card issuer” under Regulation Z is a person that issues a credit card or that person’s agent

with respect to the card. 12 CFR 1026.2(a)(7). Agency relationships are traditionally defined by

contract and by state or other applicable law. However, merely providing services relating to the

production of credit cards or data processing for others does not make one the card issuer’s

agent for purposes of Regulation Z. Comment 1026.2(a)(7)-1.i. If an affiliate or business

partner of the prepaid account issuer offers a covered separate credit feature, the affiliate or

business partner is an agent of the prepaid account issuer and thus is itself a card issuer with

respect to the hybrid prepaid-credit card that accesses the covered separate credit feature.

Comment 1026.2(a)(7)-1.ii.

A hybrid prepaid-credit card is a credit card, and the prepaid account issuer is a card issuer with

respect to the hybrid prepaid-credit card. 12 CFR 1026.2(a)(7) and (a)(15)(i). If the covered

separate credit feature is offered by an affiliate or business partner of the prepaid account, the

affiliate or business partner also is a card issuer with respect to the hybrid prepaid-credit card.

Section 15.3.2 discusses the terms “affiliate” and “business partner.”

15.3 Separate credit features and hybrid

prepaid-credit cards

15.3.1 Separate credit features

A separate credit feature is a credit account or a credit subaccount of a prepaid account through

which credit can be extended in connection with a prepaid card. It is separate from the asset

137 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

feature of the prepaid account, and does not include a negative balance on the asset feature of

the prepaid account. 12 CFR 1026.61(a)(5)(viii).

15.3.2 Hybrid prepaid-credit cards; covered separate

credit features; non-covered separate credit

features

A prepaid card is a hybrid prepaid-credit card with respect to a separate credit feature if the

consumer can use the prepaid card to access credit through the separate credit feature and the

criteria discussed below are met. 12 CFR 1026.61(a)(1). Additionally, if these criteria are met

with respect to a separate credit feature, that separate credit feature is a “covered separate credit

feature” under the Prepaid Rule. 12 CFR 1026.61(a)(2)(i); comments 1026.61(a)(2)-1.i. and

(a)(2)-4. If one or more of the criteria is not met with respect to a separate credit feature, that

separate credit feature is a “non-covered separate credit feature.” 12 CFR 1026.61(a)(2)(ii);

comment 1026.61(a)(2)-5. Additional information on covered and non-covered separate credit

features is provided in Sections 15.7.

A prepaid card may be a hybrid prepaid-credit card when accessing certain credit features and

not when accessing others. Comment 1026.61(a)(2)-6. It is important to review access to each

credit feature separately.

Example: A consumer may use a prepaid card to access two different separate credit

features, Separate Credit Feature A and Separate Credit Feature B. The consumer can

use the prepaid card from time to time to draw or transfer credit from Separate Credit

Feature A or Separate Credit Feature B in the course of authorizing, settling, or

otherwise completing transactions conducted with the card to obtain goods or services,

obtain cash, or conduct P2P transfers. The prepaid account issuer offers Separate

Credit Feature A, but Separate Credit Feature B is offered by a third party that is not the

prepaid account issuer, or the prepaid account issuer’s affiliate or business partner. The

prepaid card is a hybrid prepaid-credit card with respect to Separate Credit Feature A,

but is not a hybrid prepaid-credit card with respect to Separate Credit Feature B.

Additionally, Separate Credit Feature A is a covered separate credit feature, and

Separate Credit Feature B is a non-covered separate credit feature.

138 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

A prepaid card is a hybrid prepaid-credit card with respect to a separate credit feature if all of

the following criteria are met:

1. The prepaid card is a single device that

can be used from time to time to access

credit from the separate credit feature. 12

CFR 1026.61(a)(2)(i)(A). To satisfy this

criterion, the prepaid card must be capable

of accessing credit from the separate credit

feature from time to time. This means that a

prepaid card that can only be used to access

credit on a single occasion is not a hybrid

prepaid-credit card. 12 CFR

1026.61(a)(2)(i)(A); comment 1026.61(a)(1)-

3. Generally, checks and similar instruments

that can be used only once to access credit

are not hybrid prepaid-credit cards.

However, with respect to a preauthorized

check that is issued on a prepaid account and

used to access credit, the credit is obtained

using the prepaid account number and not

the check at the time of the preauthorization.

The prepaid account number may be useable

from time to time, and may be a hybrid

prepaid-credit card. Comment 1026.61(a)(1)-3.

A prepaid card meets this criterion when it is a single device that is capable of accessing

credit from time to time from a separate credit feature even if the person that can extend

credit through that credit feature does not agree in writing to extend the credit, the person

retains discretion not to extend credit, or the person does not extend credit once the

consumer has exceeded a certain amount of credit. Comment 1026.61(a)(1)-1.

2. The prepaid card can be used to draw, transfer, or authorize the draw or transfer of

credit from the separate credit feature in the course of authorizing, settling, or otherwise

completing transactions conducted with the card to obtain goods or services, to obtain

cash, or to conduct P2P transfers. 12 CFR 1026.61(a)(2)(i)(A)(1). For these purposes, a

draw, transfer, or authorization to draw or transfer from a separate credit feature is deemed

A prepaid card that meets the criteria

discussed in this Section 15.3.2 is a hybrid

prepaid-credit card with respect to a covered

separate credit feature regardless of whether

the credit is pushed from the separate credit

feature to the asset feature of the prepaid

account or is pulled from the separate credit

feature to the asset feature of the prepaid

account. Comment 1026.61(a)(2)-1.ii.

Also, a prepaid card that meets the criteria

discussed in this Section 15.3.2 is a hybrid

prepaid card with respect to a covered

separate credit feature regardless of whether

the covered separate credit feature can only

be used as an overdraft credit feature, solely

accessible by the hybrid prepaid-credit card,

or whether it is a general line of credit that

can be accessed in other ways. Comment

1026.61(a)(2)-1.iii.

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to be in the “course of authorizing, settling, or otherwise completing” a transaction if it

occurs during the authorization phase of the transaction or in later periods up to the

settlement of the transaction as discussed in the examples below. Comment 1026.61(a)(2)-

3. The separate credit feature that the prepaid card can access is offered by the prepaid

account issuer, its affiliate, or its business partner. 12 CFR 1026.61(a)(2)(i)(A)(2). The

“prepaid account issuer” is the financial institution (as defined in Regulation E) with respect

to the prepaid account. 12 CFR 1026.61(a)(5)(vi). An “affiliate” is any company that

Examples: A transaction is initiated using a prepaid card when there are insufficient or

unavailable funds in the asset feature of the prepaid account. Credit is transferred from

the credit feature to the asset feature at the time the transaction is authorized to complete

the transaction. The credit is accessed in the course of authorizing the transaction.

A transaction is initiated using a prepaid card when there are insufficient or unavailable

funds in the asset feature of the prepaid account. Credit is directly drawn from the credit

feature to complete the transaction, without transferring funds into the prepaid account.

The credit is accessed in the course of authorizing the transaction.

A transaction is initiated using a prepaid card when there are sufficient or available funds

in the asset feature of the prepaid account to cover the amount of the transaction at

authorization but where the consumer does not have sufficient or available funds in the

asset feature to cover the transaction at the time of settlement. Credit automatically is

drawn, transferred, or authorized to be drawn or transferred from the credit feature at

settlement to pay the transaction. The credit is accessed in the course of settling the

transaction.

A transaction is not authorized in advance. The consumer does not have sufficient or

available funds in the asset feature to cover the transaction at the time of settlement.

Credit automatically is drawn, transferred, or authorized to be drawn or transferred from

the credit feature at settlement to pay the transaction. The credit is accessed in the course

of settling the transaction.

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controls, is controlled by, or is under common control with another company, as set forth in

the Bank Holding Company Act of 1956, 12 U.S.C. 1841 et seq. 12 CFR 1026.61(a)(5)(i).

A person (other than the prepaid account issuer and its affiliates) that can extend credit

through a separate credit feature is a “business partner” if that person or its affiliate has an

“arrangement” with the prepaid account issuer or the prepaid account issuer’s affiliate, as

described below. 12 CFR 1026.61(a)(5)(iii).

A person that can extend credit through a separate credit feature or its affiliate has an

arrangement with a prepaid account issuer or its affiliate if they have an agreement

that

allows a prepaid card from time to time to draw, transfer, or authorize a draw or transfer of

credit from a credit feature offered by that person in the course of authorizing, settling, or

otherwise completing transactions conducted with the prepaid card to obtain goods or

services, obtain cash, or conduct P2P transfers. 12 CFR 1026.61(5)(iii)(A) and (B).

A person that can extend credit through a separate credit feature or its affiliate also has an

arrangement with a prepaid account issuer or its affiliate if both of the following conditions

are satisfied:

a. The parties have a business, marketing, or promotional agreement or other

arrangement which provides that:

i. Prepaid accounts offered by the prepaid account issuer will be marketed to the

customers of the person that can extend credit; or

ii. The separate credit feature will be marketed to the holders of prepaid accounts

offered by the prepaid account issuer (including any marketing to customers

encouraging them to link the separate credit feature to the prepaid account so

that it can be used as an overdraft credit feature).

b. At the time of the marketing agreement or arrangement, or at any time afterwards, the

prepaid card from time to time can draw, transfer, or authorize the draw or transfer of

credit from the separate credit feature in the course of authorizing, settling, or otherwise

completing transactions conducted with the card to obtain goods or services, obtain

cash, or conduct P2P transfers. This requirement is satisfied even if there is no specific

agreement between the parties that the card can access the credit feature.

12 CFR 1026.61(a)(5)(iii)(A) and (C).

141 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

For purpose of the definition of “business partner” described above, agreements to

participate in a card network or payment network themselves do not constitute an

“agreement” or a “business, marketing, or promotional agreement or other arrangement” as

those terms are used above. Comment 1026.61(a)(5)(iii)-1.

A person (other than a prepaid account issuer or its affiliates) that can extend credit through

a separate credit feature will be deemed to have an arrangement with the prepaid account

issuer if the person that can extend credit, its service provider, or the person’s affiliate has an

arrangement with the prepaid account issuer, its service provider (such as a program

manager), or the issuer’s affiliate. In that case, the person that can extend credit will be the

prepaid account issuer’s business partner. For example, if the affiliate of the person that can

extend credit has an arrangement with the prepaid account issuer’s affiliate, the person that

can extend credit will be the prepaid account issuer’s business partner. Comment

1026.61(a)(5)(iii)-2.

A person that has an arrangement that otherwise satisfies the criteria discussed above is not

a “business partner” with regard to such an arrangement for a credit card account if all of the

following conditions are met:

a. The credit card account is a credit card account under an open-end (not home

secured) consumer credit plan that a consumer can access through a traditional credit

card.

b. The prepaid account issuer and the card issuer do not allow the prepaid card to draw,

transfer, or authorize the draw or transfer of credit from the credit card account from

time to time in the course of authorizing, settling, or otherwise completing transactions

conducted with the card to obtain goods or services, obtain cash, or conduct P2P

transfers, except where the prepaid account issuer or the card issuer has received from

the consumer a written request that is separately signed or initialized to authorize the

prepaid card to access the credit card account as described above. If the credit card

account is linked to the prepaid account prior to April 1, 2019, or prior to the

arrangement between the prepaid account issuer and the card issuer, the prepaid

account issuer and the card issuer will be deemed to have satisfied this condition even if

they have not received from the consumer a written request that is separately signed or

initialized to authorize the prepaid card to access the credit card account as described in

this paragraph.

142 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

c. The prepaid account issuer and the card issuer do not condition the acquisition or

retention of the prepaid account or the credit card account on whether a consumer

authorizes the prepaid card to access the credit card account as described in paragraph b

above. If the credit card account is linked to the prepaid account prior to April 1, 2019,

this condition only applies to the retention of the prepaid account and the credit card

account on or after April 1, 2019.

d. The prepaid account issuer applies the same terms, conditions, or features to the

prepaid account when a consumer authorizes linking the prepaid card to the credit card

account, as described in paragraph b above, as it applies to the consumer’s prepaid

account when the consumer does not authorize such a linkage. In addition, the prepaid

account issuer applies the same fees to load funds from the credit card account that is

linked to the prepaid account as described above as it charges for a comparable load on

the consumer’s prepaid account to access a credit feature offered by a person that is not

the prepaid account issuer, its affiliate, or a person with which the prepaid account issuer

has an arrangement.

e. The card issuer applies the same specified terms and conditions to the credit card

account when a consumer authorizes linking the prepaid card to the credit card account,

as described in paragraph b above, as it applies to the consumer’s credit card account

when the consumer does not authorize such a linkage. In addition, the card issuer

applies the same specified terms and conditions to extensions of credit accessed by the

prepaid card from the credit card account as it applies to extensions of credit accessed by

the traditional credit card. For purposes of this paragraph, “specified terms and

conditions” means the terms and conditions required to be disclosed under 12 CFR

1026.6(b), any repayment terms and conditions, and the limits on liability for

unauthorized credit transactions.

12 CFR 1026.61(a)(5)(D).

A prepaid card satisfies the criteria for being a hybrid prepaid-credit card with respect to a

separate credit feature if the prepaid card can be used from time to time to draw funds from a

separate credit feature that is offered by a prepaid account issuer, its affiliate, or its business

partner in the course of authorizing, settling, or otherwise completing transactions conducted

with the prepaid card to obtain goods or services, obtain cash, or conduct P2P transfers, even if

there are sufficient or available funds in the asset feature of the prepaid account to complete the

143 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

transaction. In this case, the separate credit feature is a covered separate credit feature.

Comment 1026.61(a)(2)-3.

If a prepaid card is a hybrid prepaid-credit card with respect to a separate credit feature, that

credit feature is a covered separate credit feature even with respect to transactions from the

credit feature outside the course of a transaction conducted with the card to obtain goods or

services, obtain cash, or conduct P2P transfers. A consumer may choose in a particular

circumstance to draw or transfer credit from the covered separate credit feature outside the

course of a transaction conducted with the card to obtain goods or services, obtain cash, or

conduct P2P transfers. For example, a consumer may use the prepaid card at the prepaid

account issuer’s website to load funds from the covered separate credit feature outside the

course of a transaction conducted with the card to obtain goods or services, obtain cash, or

conduct P2P transfers. This credit transaction is considered a credit transaction on a covered

separate credit feature even though the load or transfer of funds occurred outside the course of a

transaction conducted with the card to obtain goods or services, obtain cash, or conduct P2P

transfers. 12 CFR 1026.61(a)(2)(i)(B); comment 1026.61(a)(2)-4.ii.

15.4 Restrictions on offering credit

through a negative balance on a

prepaid account’s asset feature

The Prepaid Rule prohibits a card issuer from structuring a credit feature that is accessible by a

hybrid prepaid-credit card as a negative balance on the asset feature of a prepaid account. A

credit feature that is accessible by a hybrid-prepaid card must be structured as a separate credit

feature, either as a separate credit account or as a separate credit subaccount. If the separate

credit feature is structured as a credit subaccount, the credit subaccount must be set up as a

separate balance on the prepaid account such that there are at least two balances on the prepaid

account—the asset account balance and the credit account balance. 12 CFR 1026.2(a)(7);

1026.61(b); comment 1026.61(b)-1. The separate credit feature is a covered separate credit

feature as discussed in Section 15.3.2. Regardless of whether the covered separate credit feature

is structured as a separate subaccount of the prepaid account or as a separate credit account, the

following apply:

1. If at the time a prepaid card transaction is initiated there are insufficient or unavailable

funds in the asset feature of the prepaid account to complete the transaction, credit must be

144 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

drawn, transferred, or authorized to be drawn or transferred from the covered separate

credit feature at the time the transaction is authorized. The card issuer may not allow the

asset feature on the prepaid account to become negative and draw or transfer the credit from

the covered separate credit feature at a later time, such as at the end of the day. The card

issuer must comply with the applicable provisions of Regulation Z with respect to the credit

extension from the time the prepaid card transaction is authorized.

2. For transactions where there are insufficient or unavailable funds in the asset feature of

the prepaid account to cover that transaction at the time it settles and the prepaid

transaction either was not authorized in advance or the transaction was authorized and there

were sufficient or available funds in the prepaid account at the time of authorization to cover

the transaction, credit must be drawn from the covered separate credit feature to settle these

transactions. The card issuer may not allow the asset feature on the prepaid account to

become negative. The card issuer must comply with the applicable provisions of Regulation

Z from the time the transaction is settled.

3. If a negative balance would result on the asset feature in circumstances other than those

described in (1) and (2) above, credit must be drawn from the covered separate credit feature

to avoid a negative balance. The card issuer may not allow the asset feature of the prepaid

account to become negative. The card issuer must comply with the application provisions of

Regulation Z from the time credit is drawn from the covered separate credit feature.

Comment 1026.61(b)-2.

Generally, a prepaid card that is a single device that can be used from time to time to access

credit extended through a negative balance on the prepaid account’s asset feature is a hybrid

prepaid-credit card unless the conditions discussed in Section 15.5 are met. 12 CFR

1026.61(a)(3) and (4). If these conditions are met, the prepaid card is not a hybrid prepaid-

credit card with respect to the credit extended through the negative balance on the prepaid

account’s asset feature, and credit may be extended through the negative balance on the prepaid

account’s asset feature. 12 CFR 1026.61(a)(3)(ii), (a)(4), and (a)(5)(ii).

145 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

15.5 Permissible circumstances for

offering credit through a negative

balance on a prepaid account’s

asset feature

Because the Prepaid Rule prohibits a negative balance on a prepaid account’s asset feature from

being accessible by a hybrid prepaid-credit card (as discussed in Section 15.4) the three

conditions discussed below must be met to offer credit through a negative balance on the

prepaid account’s asset feature. 12 CFR 1026.61(a)(3)(ii), (a)(4), and (b). If these conditions are

met, the prepaid card is not a hybrid prepaid-credit card and is not a credit card under

Regulation Z with respect to the negative balance on the prepaid account’s asset feature.

15.5.1 Policy and practice of declining to authorize

certain transactions

The first condition that must be met is that the prepaid account issuer must have an established

policy and practice of either:

a. Declining to authorize transactions where it reasonably believes the consumer has

insufficient or unavailable funds in the prepaid account’s asset feature to cover the

transaction at the time it is authorized; or

b. Declining to authorize such transactions except when: (i) the amount of the

transaction will not cause the asset feature balance to be negative by more than $10 at

the time of the authorization (also referred to as a “purchase cushion”); or (ii) the

transaction is conducted when incoming deposits are pending and the transaction will

not cause the prepaid account to be negative at the time of the authorization by more

than the amount of the pending deposit (also referred to as a “delayed load cushion”).

These two circumstances are not mutually exclusive. For example, a prepaid account

issuer could adopt the $10 purchase cushion and the delayed load cushion. Comment

1026.61(a)(4)(ii)(A)-4.

12 CFR 1026.61(a)(4)(ii)(A).

This condition covers three types of transactions: (1) transactions where the issuer has a general

established policy and practice of declining to authorize transactions when the consumer has

146 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

insufficient or unavailable funds to cover the transaction but credit is nonetheless extended as a

result of so-called ‘‘force pay’’ transactions; (2) transactions that will not take the account

negative by more than the $10 purchase cushion; or (3) certain transactions that are conducted

while incoming deposits to the prepaid account are pending pursuant to the delayed load

cushion.

With respect to the delayed load cushion, the prepaid account issuer must have received either

an instruction or confirmation for an incoming EFT from a separate asset account to load funds

to the prepaid account or a request from the consumer to load funds to the prepaid account from

a separate asset account. In either case, the funds must not have settled yet. 12 CFR

1026.61(a)(4)(ii)(A)(2). An incoming EFT from a separate asset account includes a direct

deposit of wages or government benefits. A request from a consumer to load funds from a

separate asset account includes situations where a consumer, in the course of a transaction,

requests a load from a deposit account or uses a debit card to cover the amount of the

transaction if there are insufficient funds in the prepaid account asset feature to pay for the

transaction. Comment 1026.61(a)(4)(ii)(A)-3.

The Prepaid Rule does not require that the prepaid account issuer receive an authorization

request for every prepaid card transaction. Nonetheless, the prepaid account issuer generally

must establish an authorization policy that meets the criteria described above and have

reasonable practices in place to comply with its established policy with respect to the

authorization requests it receives. If a prepaid account issuer establishes such an authorization

policy and has such reasonable practices in place, it is deemed to satisfy the condition described

in (a) or (b) above even if a negative balance results on the prepaid account when a transaction

is settled. Comment 1026.61(a)(4)(ii)(A)-1.

A prepaid account issuer may still satisfy the

condition described in (a) or (b) above even if a

negative balance on the prepaid account’s asset

feature occurs because the prepaid account

issuer debits the amount of a provisional credit

that was previously granted on the prepaid

account pursuant to amended Regulation E’s

error resolution provision (assuming the

prepaid account issuer otherwise complies with

the requirements for the exception to the

The fact that a prepaid account issuer’s

policies and practices permit the reversal of a

provisional credit does not otherwise trigger

Regulation Z coverage, even if the reversal

results in a negative balance on a prepaid

account’s asset feature. The prepaid account

issuer’s policy and practice may still satisfy

the conditions in 12 CFR

1026.61(a)(4)(ii)(A).

147 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

definition of “hybrid prepaid-credit card,” such as not imposing a fee or charge enumerated with

respect to this negative balance as described below). Comment 1026.61(a)(4)(ii)(A)-2.

15.5.2 No credit-related fees charged on prepaid

account’s asset feature

The second condition is that the prepaid account issuer cannot charge credit-related fees on the

prepaid account’s asset feature. 12 CFR 1026.61(a)(4)(B). This condition does not prohibit a

prepaid account issuer from imposing different terms on different prepaid account programs.

For example, the terms may differ between a prepaid account program where a covered separate

credit feature accessible by a hybrid prepaid-credit card is not offered in connection with any

prepaid accounts within the prepaid account program, and a prepaid account program where a

covered separate credit feature accessible by a hybrid prepaid-credit card may be offered to

some consumers in connection with their prepaid accounts. Comment 1026.61(a)(4)(ii)(B)-1.

Credit-related fees are:

1. Fees or charges for opening, issuing, or holding a negative balance on the asset feature, or

for the availability of credit. 12 CFR 1026.61(a)(4)(ii)(B)(1). Credit-related fees do not

include fees or charges to open, issue, or hold the prepaid account where the amount of the

fee or charge imposed on the asset feature is not higher based on whether credit might be

offered or has been accepted, whether or how much credit the consumer has accessed, or the

amount of credit available. 12 CFR 1026.61(a)(4)(ii)(B)(1); comment 1026.61(a)(4)(ii)(B)(1)-

2. Fees or charges that are imposed on the prepaid account’s asset feature only when credit

is extended on the asset feature or when there is a negative balance on the asset feature.

Credit-related fees do not include fees or charges for the actual costs of collecting the credit

extended if otherwise permitted by law. 12 CFR 1026.61(a)(4)(ii)(B)(2); comment

1026.61(a)(4)(ii)(B)(2)-1.

3. Fees or charges on the prepaid account’s asset feature that are higher when credit is

extended on the asset feature or when there is a negative balance on the asset feature. 12

CFR 1026.61(a)(4)(ii)(B)(3); comment 1026.61(a)(4)(ii)(B)(3)-1.

148 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

Examples of credit-related fees

Daily, weekly, monthly, or other periodic fees assessed each period a prepaid account has a

negative balance or is in “overdraft” status

Daily, weekly, monthly, or other periodic fees assessed to hold the prepaid account where the

amount of the fee that applies each period is higher if the consumer is enrolled in a purchase

cushion or a delayed load cushion during that period

A fee imposed because the balance on the prepaid account becomes negative

Interest charges attributable to a periodic rate that applies to the negative balance

Any fees for delinquency, default, or a similar occurrences that result from the prepaid account

having a negative balance or being in “overdraft” status, except that the actual costs to collect

the credit, such as attorney fees, may be imposed if otherwise permitted by law

Late payment fees

Transactions fees where the amount of the fee is higher based on whether the transaction

accesses only funds in the asset feature or accesses credit.

A fee for a service on the prepaid account where the amount of the fee is higher based on

whether the service is requested when the asset feature has a negative balance.

A prepaid account issuer may still satisfy this condition even if it debits fees or charges from the

prepaid account when there are insufficient or unavailable funds in the asset feature of the

prepaid account to cover those fees or charges at the time they are imposed, so long as those fees

or charges are not the type of fees or charges enumerated above. A fee or charge does not

become a credit-related fee simply because there are insufficient or unavailable funds in the

asset feature of the prepaid account to pay the fee when it is imposed. 12 CFR

1026.61(a)(4)(ii)(C); comment 1026.61(a)(4)(ii)(C)-1.

149 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

15.5.3 The prepaid card cannot access credit from a

covered separate credit feature offered by a

prepaid account issuer or its affiliate

The third condition is that the prepaid card cannot access credit from a covered separate credit

feature (described in Section 15.3.2) that is offered by a prepaid account issuer or its affiliate. 12

CFR 1026.61(a)(4)(i); comment 1026.61(a)(4)-1. A prepaid card cannot be used to access credit

from both a negative balance on the prepaid account’s asset feature and a covered separate

credit feature offered by a prepaid account issuer or its affiliate. However, it could access credit

from both a negative balance on the prepaid account’s asset feature and a non-covered separate

credit feature or a covered credit feature offered by a business partner.

15.6 General applicability of Regulation

E, not Regulation Z, to permissible

credit offered through a negative

balance on the prepaid account’s

asset feature

Where a prepaid card is not a hybrid prepaid-credit card with respect to a negative balance on

the prepaid account’s asset feature because the conditions discussed in Section 15.5 have been

met, the prepaid account issuer generally is not covered by Regulation Z as a result of offering

credit through the negative balance on the prepaid account’s asset feature. In this case, with

respect to this credit, the prepaid card is not a credit card and the prepaid account issuer is not a

card issuer under Regulation Z with respect to the prepaid card. The prepaid account issuer is

Example: A prepaid account issuer imposes a fee of $0.50 for an ATM balance inquiry.

The amount of the fee is not higher based on whether credit is extended or whether there

is a negative balance on the prepaid account. A consumer makes an ATM balance

inquiry, and the issuer imposes the $0.50 fee on the prepaid account’s asset feature.

There are insufficient funds in the asset feature of the prepaid account to pay the fee. The

ATM balance inquiry fee is not a credit-related fee.

150 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

not a creditor under Regulation Z as a result of extending credit through the negative balance on

the prepaid account and imposing fees on the prepaid account because those fees are not finance

charges. See comments 1026.2(a)(15)-2.ii.F; 1026.61(a)(4)-1.iv. See also comment

1026.4(b)(11)-1.iii. For the definition of “creditor,” see 12 CFR 1026.2(a)(17). For the definition

of “finance charge,” see 12 CFR 1026.4.

If the conditions discussed in Section 15.5 are met and the prepaid card can access credit from a

covered separate credit feature that is offered by a business partner, the prepaid card is a hybrid

prepaid-credit card with respect to the covered separate credit feature but is not a hybrid

prepaid-credit card with respect to credit extended by a prepaid account issuer through the

negative balance that meets the conditions discussed in Section 15.5 or with respect to a non-

covered separate credit feature. Comment 61(a)(4)-1.ii.

Credit extended through a negative balance on a prepaid account’s asset feature that meets the

conditions discussed in Section 15.5 generally is covered under Regulation E. For example,

amended Regulation E’s provisions regarding error resolution and limits on liability for

unauthorized EFTs would apply to extensions of this credit. See 12 CFR 1026.12(a)(1)(iv)(C);

comments 1005.12(a)(1)(iv)-5.i and 1026.13(i)-5. In addition, such credit extensions would be

disclosed on Regulation E periodic statements or, if the financial institution follows the periodic

statement alternative, on the electronic and written histories of the consumer’s prepaid account

transactions. Section 8 provides more information on these requirements. This credit,

however, is exempt from the compulsory use provision in amended Regulation E, discussed in

Section 13, because this credit is covered by the overdraft credit exception. See 12 CFR

1005.10(e)(1); comment 1005.10(e)(1)-2.ii. Nonetheless, this credit is not an “overdraft service”

subject to Regulation E’s requirement for overdraft services. 12 CFR 1005.17(a)(4).

151 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

15.7 General applicability of Regulation Z

to hybrid prepaid-credit cards,

covered separate credit features,

and non-covered separate credit

features

15.7.1 Covered separate credit features and hybrid

prepaid-credit cards

Under the Prepaid Rule, a prepaid card that

is a hybrid prepaid-credit card is a credit

card under Regulation Z with respect to the

covered separate credit feature. 12 CFR

1026.2(a)(15)(i); 1026.61(a)(1).

The Bureau believes that most covered

separate credit features will meet the

definition of “open-end credit” and will not

be home-secured. 12 CFR 1026.2(a)(20).

The Bureau also anticipates that most covered separate credit features will meet the definition of

“credit card account under an open-end (not home-secured) consumer credit plan.” 12 CFR

1026.2(a)(15)(ii); comment 1026.2(a)(15)-4.

Thus, the provisions of Regulation Z, as

amended by the Prepaid Rule, that apply to

open-end credit plans or credit card accounts

under an open-end (not home secured)

consumer credit plan generally will apply to

covered separate credit features and the

provisions that apply to credit cards will apply

At times, for emphasis or clarity, this guide

and the Prepaid Rule refer to a “covered

separate credit feature accessible by a hybrid

prepaid-credit card” instead of a “covered

separate credit feature.” The two terms have

the same meaning and are interchangeable.

A separate credit feature is a covered

separate credit feature only if it is accessible

by a hybrid prepaid-credit card. Comment

1026.61(a)(2)-4.i.

A covered separate credit feature is not an

“overdraft service” for purposes of

Regulation E. 12 CFR 1005.17(a)(4).

Therefore, financial institutions will not

provide opt-in notices under Regulation E for

covered separate credit features, but will

need to comply with Regulation Z.

152 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

to hybrid prepaid-credit cards.

The Prepaid Rule amends some of those provisions to provide

specific guidance with respect to covered separate credit features and hybrid prepaid-credit

cards. The Prepaid Rule also adds several provisions that apply only to covered separate credit

features and hybrid prepaid-credit cards. See 12 CFR 1026.61; comment 1026.61(a)-1.

Users of the guide need to consult the Prepaid Rule, Regulation Z, and its commentary for a full

understanding of all the provisions in Regulation Z that apply to hybrid prepaid-credit cards and

covered separate credit features.

15.7.2 Non-covered separate credit features

As discussed in Section 15.3.2, a prepaid card is not a hybrid prepaid-credit card with respect to

a non-covered separate credit feature. This is true even if the prepaid card is a hybrid prepaid-

credit card with respect to a covered separate credit feature. 12 CFR 1026.61(a)(2)(ii).

The person offering the non-covered separate credit feature does not become a card issuer or

creditor under Regulation Z simply because the prepaid card can be used to access credit from

the non-covered separate credit feature. However, the person offering the credit might be

subject to Regulation Z depending on the terms and conditions of the credit. The person

offering the non-covered separate credit feature may have obligations under Regulation Z with

respect to that separate credit feature, but the person’s obligations under Regulation Z are not

affected by the fact that the prepaid card can access credit from the non-covered separate credit

feature. For example, if the non-covered separate credit feature is an open-end credit card

account offered by an unrelated third-party creditor that is not an affiliate or business partner of

the prepaid account issuer, the person already will be a card issuer and a creditor. Nonetheless,

in that case, the person does not need to comply with the provisions applicable to hybrid

prepaid-credit cards. Comment 1026.61(a)(2)-5.iii.

A person that is offering a covered separate credit feature still will be covered by some provisions in Regulation Z

even if the covered separate credit feature is not an open-end credit plan. Such a person would still be a “card

issuer” with respect to the hybrid prepaid-credit card and would be a “creditor” for certain Regulation Z provisions.

See 12 CFR 1026.2(a)(7) and (a)(17)(iii) through (iv); see also comment 1026.2(a)(7)-1.ii. Consult Regulation Z and

its commentary to determine which specific provisions in Regulation Z apply to persons that are offering covered

separate credit features that are not open-end (not home-secured) credit plans.

153 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

16. Requirement to provide

same terms for prepaid

accounts with and without

a covered separate credit

feature

Generally, a financial institution that provides a prepaid account with a covered separate credit

feature must provide the same account terms, conditions, and features to prepaid accounts

without a covered separate credit feature in the same prepaid account program. However, the

financial institution may impose higher fees or charges on a prepaid account with a covered

separate credit feature. If a prepaid program includes both prepaid accounts with a covered

separate credit feature and prepaid accounts without a covered separate credit feature, a

financial institution must not impose a lower fee or charge on prepaid accounts with a covered

separate credit feature than the amount of a comparable fee or charge it charges on prepaid

accounts in the same prepaid account program that do not have such a credit feature. 12 CFR

1005.18(g); comment 1005.18(g)-5.

A financial institution may offer different terms for prepaid accounts offered under different

prepaid account programs. The requirement to provide the same terms, conditions, and

features as discussed above only applies to prepaid accounts in the same prepaid account

program. The terms, conditions, and features could differ between a prepaid account program

that includes prepaid accounts with a covered separate feature and a prepaid account program

that does not. Comment 1005.18(g)-3.

The requirement only applies to the account terms, conditions, and features that apply to the

asset feature of the prepaid account. It does not apply to the account terms, conditions, and

features of the covered separate credit feature, regardless of whether it is structured as a

separate credit account or a credit subaccount of the prepaid account that is separate from the

asset feature of the prepaid account. Comment 1005.18(g)-2. The account terms, conditions,

and features subject to this requirement include, but are not limited to:

154 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

4. Interest (if any) paid on funds deposited into the asset feature of the prepaid account;

5. Fees or charges imposed on the asset feature of the prepaid account;

6. The type of access device provided to the consumer (i.e., an institution may not provide a

PIN-only card on prepaid accounts without a covered separate credit feature while providing

a prepaid card with both PIN and signature-debit functionality for prepaid accounts in the

same prepaid account program with such a credit feature);

7. Minimum balance requirements on the asset feature of the prepaid account; and

8. Account features offered in connection with the asset feature of the prepaid account, such

as online bill payment services.

Comment 1005.18(g)-4.

155 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

17. Remittance transfers

The Prepaid Rule makes several revisions to the rules governing remittance transfers in subpart

B of Regulation E (Remittance Rule). These revisions are intended to continue the current

application of the Remittance Rule to prepaid accounts.

For prepaid accounts other than payroll card accounts and government benefit accounts, the

location of the sender and recipient, rather than the location of the prepaid account, determines

where funds are being sent to or from for purposes of application of the Remittance Rule.

Comment 1005.30(c)-2.ii. The temporary exception allowing insured institutions to use

estimates when providing certain disclosures does not apply to prepaid accounts, unless the

prepaid account is a payroll card account or government benefit account. 12 CFR

1005.32(a)(1)(iii).

The Bureau has separately updated its small entity compliance guide for remittance transfers,

available at

www.consumerfinance.gov/policy-compliance/guidance/implementation-

guidance/remittance-transfer-rule, to address the revisions made regarding prepaid accounts.

156 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

18. Record retention

Financial institutions, issuers, and other persons subject to Regulation E must maintain

evidence that they have complied with the requirements that apply to them. Evidence of

compliance must be retained for at least two years from the date a disclosure is required to be

made or action is required to be taken. 12 CFR 1005.13(b)(1). However, a financial institution

need not retain records that it has given disclosures and documentation to each consumer. It

need only retain evidence demonstrating that its procedures reasonably ensure the consumers’

receipt of required disclosures and documentation. Comment 1005.13(b)-1. Evidence of

compliance can be retained electronically if the electronic system accurately reproduces the

information.

A financial institution, issuer, or other person subject to Regulation E that has actual notice that

it is the subject of an investigation or an enforcement proceeding by its enforcement agency, or

having been served with notice of an action filed under certain sections of EFTA, must retain the

records that pertain to the investigation, action, or proceeding until final disposition of the

proceeding unless an earlier time is allowed by court or agency order. 12 CFR 1005.13(b)(2).

If credit is offered in connection with the prepaid account, additional record retention

requirements under Regulation Z may apply. See 12 CFR 1026.25 and the related commentary.

157 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

19. Effective dates

The Prepaid Rule became effective April 1, 2019.

Generally, the Prepaid Rule applies to

prepaid accounts that exist on the effective

date as well as those acquired by a consumer

on or after the effective date. However, the

Prepaid Rule includes several exceptions

and accommodations to the April 1, 2019,

effective date. 12 CFR 1005.18(h) and

related commentary; 12 CFR

1005.18(b)(2)(ix)(D) and related

commentary; 12 CFR 1026.61(a)(5)(iii)(D)(2) and (3) and related commentary.

Specifically, the Prepaid Rule has accommodations related to the disclosure of additional fee

types (see Section 4.2.3), account transaction histories (see Section 8.4), and summary totals of

fees (see Section 8.5). These accommodations are also discussed in the Prepaid Rule’s Effective

Date factsheet, available at

www.consumerfinance.gov/policy-

compliance/guidance/implementation-guidance/prepaid-rule/. The Prepaid Rule also has an

accommodation for traditional credit cards issued by a prepaid account issuer’s business partner

that are linked to a prepaid account prior to the rule’s effective date. This accommodation is

discussed in Section 15.3.2.

The Prepaid Rule also has exceptions to certain disclosure requirements. Generally, the

disclosure requirements in subpart A of Regulation E, as modified by the Prepaid Rule, do not

apply to any disclosures that are provided or that would otherwise be required to be provided:

1. On a prepaid account access device that was manufactured, printed, or otherwise

produced in the normal course of business prior to April 1, 2019; or

2. On, in, or with prepaid account packaging materials that were manufactured, printed, or

otherwise produced in the normal course of business prior to April 1, 2019. 12 CFR

1005.18(h)(2)(i).

The Prepaid Rule’s requirement to make

prepaid account agreement submissions to the

Bureau is effective on April 1, 2019. By May 1,

2019, issuers must submit to the Bureau any

prepaid account agreements that they offered as

of April 1, 2019. 12 CFR 1005.19(f). Issuers are

required to make submissions on a rolling basis

thereafter as discussed in Section 14.

158 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The remainder of this section discusses how these exceptions apply to prepaid accounts opened

before April 1, 2019, as well as how they apply to prepaid accounts opened on or after April 1,

2019.

19.1 Disclosure exception for prepaid

accounts acquired before April 1,

2019

Beginning on April 1, 2019, the Prepaid Rule’s requirements generally apply to existing prepaid

accounts (as well as those acquired on or after April 1, 2019, discussed in more detail below).

For example, beginning on April 1, 2019, the Prepaid Rule’s limits on consumer liability and its

error resolution requirements apply to prepaid accounts acquired prior to April 1, 2019.

For prepaid accounts opened before April 1, 2019, financial institutions are not required to

provide pre-acquisition disclosures or the disclosures the Prepaid Rule requires on the access

device. See 12 CFR 1005.18(h)(2); see also comments 1005.18(h)-1 and -2.

If a financial institution has changed a prepaid account’s terms and conditions as a result of the

Prepaid Rule taking effect and the change would result in increased fees for the consumer,

increased liability for the consumer, fewer types of available EFTs, or stricter limits on the

frequency or dollar amount of EFTs, the financial institution must provide consumers with a

notice of change. See 12 CFR 1005.18(h)(2)(iii); see also 12 CFR 1005.8(a); 1005.18(f)(2).

Financial institutions may also voluntarily provide updated initial disclosures for prepaid

accounts acquired before April 1, 2019.

If the Prepaid Rule requires the financial institution to provide a notice of change, the financial

institution must provide it at least 21 days in advance of the change becoming effective, provided

the financial institution has the consumer’s contact information. Contact information includes

the consumer’s mailing address or email address. If the financial institution obtains the

consumer’s contact information less than 30 days in advance of the change becoming effective

or after it has become effective, the financial institution complies with the Prepaid Rule if it

notifies the consumer of the change within 30 days of obtaining the consumer’s contact

information. The financial institution is not required to provide a notice of change if it does not

have the consumer’s contact information. 12 CFR 1005.18(h)(2)(iii); comment 1005.18(h)-4.

159 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

If the financial institution has obtained the

consumer’s E-Sign consent, it may provide

this notice of change electronically. 12 CFR

1005.4(a). However, if the financial

institution has not obtained the consumer’s

consent to provide disclosures

electronically and is not otherwise mailing

or delivering written account-related

communications to the consumer within

the required timeframes, the financial

institution may provide the notice of change electronically without regard to the E-Sign Act’s

consumer notice and consent requirements. 12 CFR 1005.18(h)(2)(iv). An account-related

mailing includes, for example, an embossed card sent to the consumer following registration.

To the extent permitted by other applicable laws and regulations, a financial institution may

provide the notice of change as a separate document or include it in another notice or mailing

that the consumer receives regarding the prepaid account. Comment 1005.18(h)-3.

The Prepaid Rule does not require financial institutions to provide notices of change for prepaid

accounts that are closed or inactive, as defined by the financial institution. However, if an

inactive prepaid account becomes active, the financial institution must provide the notice within

30 days of the account becoming active again. Comment 1005.18(h)-5.

19.2 Disclosure exception for prepaid

accounts acquired on or after April

1, 2019

The Prepaid Rule also applies to prepaid accounts acquired on or after April 1, 2019, and

financial institutions must provide pre-acquisition disclosures, as well as other disclosures

required under Prepaid Rule, for such prepaid accounts. However, as noted above and

discussed below, the Prepaid Rule has an exception to certain disclosure requirements for

prepaid accounts acquired via prepaid account packaging materials or access devices

manufactured, printed, or otherwise produced in the normal course of business before April 1,

2019.

If a financial institution is required to

provide a notice of changes for a prepaid

account, it must provide the notice at least 21

days before the changes are effective, unless

it does not have the consumer’s contact

information. This means that the financial

institution generally must provide notice by

March 11, 2019, for changes taking effect on

April 1, 2019.

160 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

19.2.1 Prepaid accounts acquired on or after April 1,

2019 with access devices or via packaging

materials produced before April 1, 2019

For prepaid accounts acquired on or after April 1, 2019, the new and modified Regulation E

disclosure requirements in the Prepaid Rule do not apply to any disclosures that are provided or

that would otherwise be required to be provided on, in, or with prepaid account packaging

materials that were manufactured, printed, or otherwise produced in the normal course of

business prior to April 1, 2019. 12 CFR 1005.18(h)(2)(i). This means that, for example, financial

institutions are not required to provide pre-acquisition disclosures for prepaid accounts

acquired via packaging materials produced before April 1, 2019. Similarly, for access devices

manufactured, printed, or otherwise produced in the normal course of business before April 1,

2019, financial institutions are not required to provide the disclosures that the Prepaid Rule

otherwise requires be provided on an access device.

The Prepaid Rule does not require financial institutions to pull and replace these otherwise non-

compliant prepaid account packaging materials or access devices in order to comply with the

Prepaid Rule. See 12 CFR 1005.18(h)(2). This exception extends, for example, to disclosures

contained on or in packages for prepaid accounts sold at retail, or disclosures for payroll card

accounts or government benefit accounts that are distributed in packages or envelopes.

However, as discussed below, materials that are not pre-printed, such as electronic disclosures,

as well as materials produced on or after April 1, 2019, are not eligible for this exception.

Comments 1005.18(h)-1 and -2.

If the access device or packaging materials for the prepaid account were manufactured, printed,

or otherwise produced in the normal course of business before April 1, 2019, and a consumer

acquires the prepaid account after April 1, 2019, the financial institution:

1. Must provide consumers with a notice of change if the financial institution changes a

prepaid account’s terms and conditions as result of the Prepaid Rule taking effect, and the

change would result in increased fees for the consumer, increased liability for the consumer,

fewer types of available EFTs, or stricter limits on the frequency or dollar amount of EFTs.

See 12 CFR 1005.8(a); 1005.18(f)(2).

2. Must mail or deliver to the consumer initial disclosures that have been updated as a result

of the Prepaid Rule taking effect.

12 CFR 1005.18(h)(2)(ii).

161 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

The financial institution must provide the notice of change (if required) and the updated initial

disclosures within 30 days of obtaining the consumer’s contact information. Contact

information includes the consumer’s mailing address or email address. A financial institution

that has not obtained the consumer’s contact information is not required to provide a notice of

change or updated initial disclosures. 12 CFR 1005.18(h)(2)(ii); comment 1005.18(h)-4.

If the financial institution obtained the consumer’s E-Sign consent, it may provide the notice of

change and updated initial disclosures electronically. 12 CFR 1005.4(a). However, if the

financial institution has not obtained the consumer’s consent to provide disclosures

electronically and is not otherwise mailing or delivering written account-related

communications (e.g., an embossed card sent to the consumer following registration) to the

consumer within 30 days of obtaining the consumer’s contact information, the financial

institution may provide the notice of change under the Prepaid Rule and the updated initial

disclosures electronically without regard to the E-Sign Act’s consumer notice and consent

requirements. 12 CFR 1005.18(h)(2)(iv). To the extent permitted by other applicable laws and

regulations, a financial institution may provide the notice or updated initial disclosures as a

separate document or include it in another notice or mailing that the consumer receives

regarding the prepaid account. Comment 1005.18(h)-3.

19.2.2 Prepaid accounts acquired on or after April 1,

2019, via preprinted packaging materials or

access devices produced on or after April 1, 2019

Disclosures on access devices and on, in, or with prepaid account packaging materials that are

manufactured, printed, or otherwise produced on or after April 1, 2019, must comply with the

Prepaid Rule’s disclosure requirements. For such prepaid accounts, the financial institution

must provide pre-acquisition and initial disclosures in accordance with the Prepaid Rule.

Similarly, an access device produced on or after April 1, 2019, must include the disclosures

required by the Prepaid Rule. 12 CFR 1005.18(h)(2); comment 1005.18(h)-2.

162 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

19.2.3 Prepaid accounts acquired on or after April 1,

2019, via materials that are not preprinted

Access devices and prepaid account packaging materials that are not preprinted must comply

with the Prepaid Rule, including all disclosure

requirements, beginning on April 1, 2019. For

example, disclosures provided electronically,

orally by telephone, or in any form other than

preprinted materials must comply with the

Prepaid Rule beginning April 1, 2019.

Comment 1005.18(h)-1.

Disclosures are not preprinted if they are

printed on paper by a financial institution

upon a consumer’s request. Comment 1005.18(h)-1.

If a financial institution does not provide a

physical access device, it must include the

required access device disclosures on the

website, mobile application, or other entry

point the consumer uses to electronically

access the prepaid account beginning April 1,

2019. 12 CFR 1005.18(f)(3) and (h)(1);

comment 1005.18(h)-1.

163 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

ATTACHMENT A:

Table illustrating consumer

liability for unauthorized EFTs

when financial institution provides

periodic statements

The table below illustrates a consumer’s liability for unauthorized EFTs when a financial

institution provides periodic statements for a prepaid account, and the prepaid account is not

subject to the exception for unverified prepaid accounts discussed in Section 9.3. Additional

information related to the consumer’s liability is in Section 9.1 of the guide. As noted in the

table, a consumer’s liability may vary depending on when the consumer provides notice to the

financial institution.

Event Timing of Consumer

Notice to Financial Institution

Maximum Liability

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

Within two business days after

learning of loss or theft

Lesser of $50, OR total amount of

unauthorized EFTs that occur before

notice to the financial institution.

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

More than two business days after

learning of loss or theft up to 60

days after transmittal of statement

showing first unauthorized EFT

made with access device.

Lesser of $500, OR the sum of:

$50 or the total amount of

unauthorized EFTs occurring in the

first two business days, whichever is

less; AND

The amount of unauthorized EFTs

occurring after two business days and

before notice to the financial

Institution (provided the financial

institution demonstrates that these

164 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

EFTs would not have occurred had

notice been given within the two-

business-day period).

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

More than 60 days after transmittal

of statement showing first

unauthorized transfer made with

access device.

For EFTs occurring within the 60-day

period, the lesser of $500, OR the

sum of:

Lesser of $50 or the amount of

unauthorized EFTs in first two

business days; AND

The amount of unauthorized EFTs

occurring after two business days.

For EFTs occurring after the 60-day

period, unlimited liability until the

financial institution is notified

(provided the financial institution

demonstrates that these EFTs would

not have occurred had notice been

given within the 60-day period.)

Unauthorized EFT(s) not

involving loss or theft of

an access device

Within 60 days after transmittal of

the periodic statement on which the

unauthorized EFT first appears.

No liability.

Unauthorized EFT(s) not

involving loss or theft of

an access device

More than 60 days after transmittal

of the periodic statement on which

the unauthorized EFT first appears.

Unlimited liability for unauthorized

EFTs occurring 60 days after the

periodic statement and before notice

to the financial institution.

165 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

ATTACHMENT B:

Table illustrating consumer

liability for unauthorized EFTs

when financial institution relies on

the periodic statement alternative

The table below illustrates a consumer’s liability for unauthorized EFTs when a financial

institution relies on the periodic statement alternative, and the prepaid account is not subject to

the exception for unverified prepaid accounts discussed in Section 9.3. Additional information

related to the consumer’s liability is in Section 9.1 of the guide. As noted in the table, a

consumer’s liability may vary depending on when the consumer provides notice to the financial

institution.

Event

Timing of Consumer

Notice to Financial Institution

Maximum Liability

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

Within two business days after

learning of loss or theft

Lesser of $50, OR total amount of

unauthorized EFTs that occur before

notice to the financial institution.

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

More than two business days after

learning of loss or theft up to 60

days after the earlier of: (1) the

date the consumer electronically

accesses his or her prepaid

account, provided that the

electronic account transaction

history made available to the

consumer reflects the

unauthorized EFT made with the

access device; or (2) the date the

financial institution first sends a

Lesser of $500, OR the sum of:

(a) $50 or the total amount of

unauthorized EFTs occurring in the

first two business days, whichever is

less; AND

(b)The amount of unauthorized

transfers occurring after two business

days and before notice to the financial

institution (provided the financial

institution demonstrates that these

EFTs would not have occurred had

166 SMALL ENTITY COMPLIANCE GUIDE: PREPAID RULE 3.1

written account transaction history

reflecting the unauthorized EFT

made with the access device

notice been given within the two-

business-day period).

Loss or theft of access

device, including a PIN if

used without a prepaid

card (e.g., in a telephone

transaction)

More than 60 days after the earlier

of: (1) the date the consumer

electronically accesses his or her

prepaid account provided that the

electronic account transaction

history made available to the

consumer reflects the

unauthorized EFT made with the

access device; or (2) the date the

financial institution first sends a

written account transaction history

reflecting the unauthorized EFT

made with the access device

For EFTs occurring within the 60-day

period, the lesser of $500, OR the su

of:

(a) Lesser of $50 or the amount of

unauthorized EFTs in first two

business days; AND

(b) The amount of unauthorized EFTs

occurring after two business days.

For EFTs occurring after the 60-day

period, unlimited liability until the

financial institution is notified (provided

the financial institution demonstrates

that these EFTs would not have

occurred had notice been given within

the 60-day period.)

Unauthorized EFT(s) not

involving loss or theft of an

access device

Within 60 days after the earlier of:

(1) the date the consumer

electronically accesses his or her

prepaid account, provided that the

electronic account transaction

history made available to the

consumer reflects the

unauthorized EFT; or (2) the date

the financial institution first sends

a written account transaction

history reflecting the unauthorized

EFT

No liability.

Unauthorized EFT(s) not

involving loss or theft of an

access device

More than 60 days after the earlier

of: (1) the date the consumer

electronically accesses his or her

prepaid account, provided that the

electronic account transaction

history made available to the

consumer reflects the

unauthorized EFT; or (2) the date

the financial institution first sends

a written account transaction

history reflecting the unauthorized

EFT

Unlimited liability for unauthorized

EFTs occurring 60 days after the

periodic statement and before notice

to the financial institution.