Regulation E: Liability, P2P, & Prohibited Practices

Date Recorded: December 8, 2025
Presented By: Natalie Straus, CRCM, Director, Forvis Mazars, LLP.

Calculating who is liable and for how much can be a challenge when it comes to Regulation E’s unauthorized transactions. Then, add into the mix P2P liability and the prohibited practices under Regulation E, and the challenge becomes Who’s liable? This three-hour seminar will highlight the rule, the CFPB’s FAQs, the impact of peer-to-peer transactions (i.e., Venmo, Zelle), the prohibited practices, and real-life examples to demonstrate the application of Tier-1, -2 and -3 consumer liability.

Regulation E’s procedures for resolving errors and calculating liability for unauthorized transactions are daunting. When is the consumer liable? What if they are negligent? What if the error occurred a year ago? What if they are only claiming recent transactions but your investigation reflects a longer period? What if the money is taken via a peer-to-peer transaction using Venmo or Zelle?

This seminar will answer these questions and more, leveraging real-life examples so that you can make sense of calculating consumer liability, who’s liable and when, and do’s and don’ts under Regulation E.

During the seminar we will cover:

• Error vs. unauthorized transaction
• What is and could be an access device
• Are peer-to-peer transactions subject to Regulation E and who’s liable
• What if the consumer is negligent
• What should be in your Regulation E policy/procedures/practices to mitigate your institution’s losses
• Prohibited practices
• CFPB FAQs
• How to calculate Tier-1, -2 and -3 consumer liability