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Compliance Question of the Week

Question: Is there a safe harbor from liability under Regulation GG?

ANSWER: 

Under Regulation GG: A person that identifies and blocks a transaction, prevents or prohibits the acceptance of its products or services in connection with a transaction, or otherwise refuses to honor a transaction shall not be liable to any party for such transaction if:

  • The transaction is a restricted transaction;
  • Such person reasonable believes the transaction to be a restricted transaction; or
  • The person is participant in a designated payment system and blocks or otherwise prevents the transaction in reliance on the policies and procedures of the designated payment system in an effort to comply with this regulation.

Reference: Regulation GG: 12 CFR 233.5(d) Policies and Procedures Required

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