(a) Timing.
(1) For a one-time transfer scheduled
five or more business days before the date of transfer or for the
first in a series of preauthorized remittance transfers, the remittance
transfer provider must:
(i) Provide either the pre-payment disclosure described in section
1005.31(b)(1) and the receipt described in section 1005.31(b)(2) or
the combined disclosure described in section 1005.31(b)(3), in accordance
with the timing requirements set forth in section 1005.31(e); and
(ii) If any of
the disclosures provided pursuant to paragraph (a)(1)(i) of this section
contain estimates as permitted by section 1005.32(b)(2), mail or deliver
to the sender an additional receipt meeting the requirements described
in section 1005.31(b)(2) no later than one business day after the
date of the transfer. If the transfer involves the transfer of funds
from the sender’s account held by the provider, the receipt required
by this paragraph may be provided on or with the next periodic statement
for that account, or within 30 days after the date of the transfer
if a periodic statement is not provided.
(2) For each subsequent preauthorized remittance
transfer:
(i) If any
of the information on the most recent receipt provided pursuant to
paragraph (a)(1)(i) of this section, or by this paragraph (a)(2)(i),
other than the temporal disclosures required by section 1005.31(b)(2)(ii)
and (b)(2)(vii), is no longer accurate with respect to a subsequent
preauthorized remittance transfer for reasons other than as permitted
by section 1005.32, then the remittance transfer provider must provide
an updated receipt meeting the requirements described in section 1005.31(b)(2)
to the sender. The provider must mail or deliver this receipt to the
sender within a reasonable time prior to the scheduled date of the
next subsequent preauthorized remittance transfer. Such receipt must
clearly and conspicuously indicate that it contains updated disclosures.
(ii) Unless a receipt was provided
in accordance with paragraph (a)(2)(i) of this section that contained
no estimates pursuant to section 1005.32, the remittance transfer
provider must mail or deliver to the sender a receipt meeting the
requirements described in section 1005.31(b)(2) no later than one
business day after the date of the transfer. If the remittance transfer
involves the transfer of funds from the sender’s account held by the
provider, the receipt required by this paragraph may be provided on
or with the next periodic statement for that account, or within 30
days after the date of the transfer if a periodic statement is not
provided.
(iii) A remittance
transfer provider must provide the disclosures required by paragraph
(d) of this section in accordance with the timing requirements of
that section.
(b) Accuracy.
(1) For a one-time transfer scheduled five
or more business days in advance or for the first in a series of preauthorized
remittance transfers, disclosures provided pursuant to paragraph (a)(1)(i)
of this section must comply with section 1005.31(f) by being accurate
when a sender makes payment except to the extent estimates are permitted
by section 1005.32.
(2) For each
subsequent preauthorized remittance transfer, the most recent receipt
provided pursuant to paragraph (a)(1)(i) or (a)(2)(i) of this section
must be accurate as of when such transfer is made, except:
(i) The temporal elements required
by section 1005.31(b)(2)(ii) and (b)(2)(vii) must be accurate only
if the transfer is the first transfer to occur after the disclosure
was provided; and
(ii) To the
extent estimates are permitted by section 1005.32.
(3) Disclosures provided pursuant to
paragraph (a)(1)(ii) or (a)(2)(ii) of this section must be accurate
as of when the remittance transfer to which it pertains is made, except
to the extent estimates are permitted by section 1005.32(a) or (b)(1),
(4), or (5).
(c) Cancellation. For any remittance transfer scheduled by the sender at least three
business days before the date of the transfer, a remittance transfer
provider shall comply with any oral or written request to cancel the
remittance transfer from the sender if the request to cancel:
(1) Enables the provider to identify
the sender’s name and address or telephone number and the particular
transfer to be cancelled; and
(2)
Is received by the provider at least three business days before the
scheduled date of the remittance transfer.
(d) Additional requirements for subsequent preauthorized
remittance transfers.
(1) Disclosure requirement.
(i) For any subsequent transfer
in a series of preauthorized remittance transfers, the remittance
transfer provider must disclose to the sender:
(A) The date the provider will make the subsequent
transfer, using the term “Future Transfer Date,” or a substantially
similar term;
(B) A statement about
the rights of the sender regarding cancellation as described in section
1005.31(b)(2)(iv); and
(C) The name,
telephone number(s), and Web site of the remittance transfer provider.
(ii) If the future
date or dates of transfer are described as occurring in regular periodic
intervals, e.g., the 15th of every month, rather than as a specific
calendar date or dates, the remittance transfer provider must disclose
any future date or dates of transfer that do not conform to the described
interval.
(2) Notice requirements.
(i) Except as described in paragraph
(d)(2)(ii) of this section, the disclosures required by paragraph
(d)(1) of this section must be received by the sender no more than
12 months, and no less than five business days prior to the date of
any subsequent transfer to which it pertains. The disclosures required
by paragraph (d)(1) of this section may be provided in a separate
disclosure or may be provided on one or more disclosures required
by this subpart related to the same series of preauthorized transfers,
so long as the consumer receives the required information for each
subsequent preauthorized remittance transfer in accordance with the
timing requirements of this paragraph (d)(2)(i).
(ii) For any subsequent preauthorized
remittance transfer for which the date of transfer is four or fewer
business days after the date payment is made for that transfer, the
information required by paragraph (d)(1) of this section must be provided
on or with the receipt described in section 1005.31(b)(2), or disclosed
as permitted by section 1005.31(a)(3) or (a)(5), for the initial transfer
in that series in accordance with paragraph (a)(1)(i) of this section.
(3) Specific format requirement. The information
required by paragraph (d)(1)(i)(A) of this section generally must
be disclosed in close proximity to the other information required
by paragraph (d)(1)(i)(B) of this section.
(4) Accuracy. Any disclosure required by paragraph (d)(1) of this section must
be accurate as of the date the preauthorized remittance transfer to
which it pertains is made.