New Nacha rules strike at push-payment fraud (2024)

An article from New Nacha rules strike at push-payment fraud (1)

Dive Brief

“With respect to transaction monitoring for fraud, it would no longer be acceptable to do nothing,” Nacha Executive Vice President Michael Herd said.

New Nacha rules strike at push-payment fraud (3)

Dive Brief:

  • Nacha, the national clearinghouse that manages electronic money movement, has approved new rules requiring fraud monitoring of ACH payments,according to a Monday press release.
  • All parties involved in an ACH transfer, excluding consumers, will be required to monitor the transactions, the release said. The rules also empower the receiving bank to return a suspicious transaction without waiting for a request or customer claim.
  • The rules are meant to move ACH fraud monitoring from a good practice to a compliance requirement, Nacha Executive Vice President Michael Herd said in an interview Monday. “With respect to transaction monitoring for fraud, it would no longer be acceptable to do nothing,” he said.

Dive Insight:

Nacha is a nonprofit organization that governs, but does not operate the ACH Network, an account-to-account money transfer system overseen by The Federal Reserve and The Clearing House. There were 31.5 billion ACH Network payments made last year, valued at $80.1 trillion.

One type of scam Nacha is looking to prevent is a business email compromise scam, the release said. A BEC scam involves getting into a corporate email account to then conduct unauthorized transfers using payment methods such as ACH.

In the past, a victim of ACH payment fraud, along with the consumer’s bank, would need to reach out to the bank that received the funds and request a return, said Herd, who is responsible for administering the ACH network. “Time is of the essence because once payments are received into an account, the fraudsters will try to withdraw or move those funds on as quickly as they can,” Herd said.

The new rules will have a gradual roll-out from October through early 2026, according to Herd.

Banks that receive the funds will continue to not be held liable for fraudulent transactions, though they will now have a “defined role in monitoring” ACH payments and be able to delay the availability of funds to examine a suspicious transfer, the release said. The bank that sent the funds will be able to request their return “for any reason.”

Herd declined to share the prevalence or cost of ACH payment fraud, pointing to a report issued by the Federal Bureau of Investigation’s Internet Crime Complaint Center. In the report, the IC3 said that last year it received about 21,500 complaints of BEC scams costing victims nearly $3 billion.

And while the rules will apply solely to ACH transactions and not to other payment rails, including wire transfers or peer-to-peer payments services such as Zelle, “their principles and techniques are more broadly applicable to all types of credit-push payments,” the release said.

Zelle, in particular, has come under scrutiny from lawmakers including Sen.Elizabeth Warren. The senator, along with two Democratic colleagues, wrote an open letter to Zelle operator Early Warning Services last month, requesting data related to fraud and scams on the service.

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New Nacha rules strike at push-payment fraud (2024)

FAQs

New Nacha rules strike at push-payment fraud? ›

Nacha, the national clearinghouse that manages electronic money movement, has approved new rules requiring fraud monitoring of ACH payments, according to a Monday press release. All parties involved in an ACH transfer, excluding consumers, will be required to monitor the transactions, the release said.

Do the new Nacha rules take aim at credit push fraud? ›

"Nacha members have approved a set of rules intended to reduce the incidence of fraud, such as business email compromise (BEC), that use credit-push payments," said a company news release. "The new rules establish a base level of ACH payment monitoring on all parties in the ACH Network (except consumers).

What is the new Nacha rule 2024? ›

The “risk management package” issued by Nacha is comprised of multiple rule amendments. The first amendment becomes effective October 1, 2024 and does the following: Allows an RDFI to use return reason code R17 to return an entry that it thinks is fraudulent.

What are the new rules for ACH payments? ›

The new rules establish a base-level of ACH payment monitoring on all parties in the ACH Network (except consumers). While the new rules do not shift the liability for ACH payments, for the first time receiving financial institutions (RDFIs) will have a defined role in monitoring the ACH payments they receive.

What is first party Authorised push payment fraud? ›

With this type of fraud, the criminal often either intercepts emails or compromises an email account. This is where the scammer impersonates the chief executive officer (CEO) or other high-ranking official of an organisation. They then try to convince you to make an urgent payment to the scammer's account.

What is the 5 day rule for NACHA? ›

An Originator or ODFI must still transmit a Reversal in such time that it is made available to the RDFI within 5 banking days following the Settlement Date of the Erroneous Entry.

What are the NACHA rules? ›

What are NACHA requirements?
  • Ensure Secure Transmission and Storage of Sensitive Data.
  • Safely Store Paper Documents.
  • Validate Routing Numbers.
  • Verify Customer Identity.
  • Be Vigilant About Possible Fraud.
  • Outline a Clear Security Policy.

What is the 60 day rule for ACH? ›

Under the ACH rules, the customer's bank is obliged to refund the debits without question, as long as the request was received within 60 days from the NACHA transaction date. (In contrast, businesses have only 2 days to request a return.)

What is the difference between Reg E and NACHA? ›

Very generally, Regulation E governs preauthorized electronic funds transfers (EFTs) while the NACHA Rules govern standing authorizations. However, both provide certain sets of rules and guidelines for how this can occur, and each is beneficial to the consumer.

Who enforces NACHA rules? ›

Nacha's Rules Enforcement Department by email at Nacha-Ntwrk-Compliance@nacha.org or phone at 703-561-1100.

What is the standard ACH limit for NACHA? ›

As expected, NACHA today increased the dollar limit for same-day ACH transactions from $100,000 to $1 million. The change was executed in collaboration with the Federal Reserve and The Clearing House, the network's two ACH operators.

Which bank has the highest ACH limit? ›

What bank has the highest ACH transfer limit? Chase Bank has the highest ACH transfer limit at $10k, or it can be $25k daily. Second is Wells Fargo, which, if you have a good relationship with the bank, allows for up to $5k a day. Then there is Bank of America which provides $1k per transaction.

How many times can a company retry an ACH payment? ›

R01 – Insufficient Funds: The originator does not have enough money in their account to cover the ACH transfer. The receiver can retry it up to two times, as a new transaction, within 30 days of the original authorization date. R02 – Account Closed: The account is no longer active. The transfer cannot be retried.

Can I get my money back from an Authorised push payment? ›

If you've transferred money to someone because of a scam

This type of scam is known as an 'authorised push payment'. Your bank or building society should reimburse you if it's registered with the Lending Standards Board under their Contingent Reimbursem*nt Model Code (CRM Code).

What is the most targeted payment method for fraud? ›

Checks continued to be the most problematic payment method, with 65% of organizations reporting check fraud activity. “The fact that check fraud remains the most prevalent form of payments fraud is not surprising,” researchers wrote.

What is P2P payment fraud? ›

Peer-to-peer fraud – known as P2P fraud for short – is when fraudsters use peer-to-peer payment apps to steal genuine users' funds. They do this in numerous ways, from stealing log-in credentials (using techniques such as phishing attacks) through to over-payment scams.

What is a rule based system for fraud detection? ›

Rules-based fraud detection identifies fraud based on a set of unusual attributes, including unusual time stamps, account numbers, transaction types, and amounts, among other criteria.

How do you mark a transaction as fraud? ›

Report any fraudulent accounts to the appropriate financial institutions. Place a fraud alert by contacting one of the three credit bureaus (that company must tell the other two): Experian layer (888-397-3742), TransUnion layer (800-680-7289) or Equifax layer (888-766-0008).

What happens if you violate NACHA rules? ›

If a violation is ignored or becomes an escalated issue, the offending organization can be fined up to $500,000 per month until the issue is resolved or may even face suspension of originating entries. Because the Nacha Rules change from year to year, new rules are sometimes overlooked.

What is the NACHA rule for account verification? ›

The Nacha account validation rule concerns businesses planning to receive payments from customers through the automated clearing house (ACH) network. These businesses are required to validate first-time payees.

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