New Nacha Rules Take Aim at Credit-Push Fraud | Nacha (2024)

March 18, 2024

New Nacha Rules Take Aim at Credit-Push Fraud | Nacha (1)

HERNDON, Virginia, March 18, 2024 – Nacha members have approved a set of rules intended to reduce the incidence of frauds, such as business email compromise (BEC), that make use of credit-push 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.

“All participants in the ACH Network have a part to play in reducing the incidence of fraud, and recovering when fraud has occurred,” said Jane Larimer, Nacha President and CEO. “I applaud Nacha’s members for taking this important step of self-governance.”

BEC, vendor impersonation and payroll impersonation are some examples of frauds that result in payments being “pushed” from a payer’s account to the account of a fraudster. The FBI’s Internet Crime Complaint Center’s 2023 annual report found there were 21,489 BEC complaints in 2023 totaling $2.9 billion in reported losses, making it the second-costliest type of cyber-crime. According to the Association of Financial Professionals, “Business Email Compromise (BEC) scams are still highly prevalent and are the root cause of payments fraud at a majority of organizations.”

The new rules follow the flow of a credit-push payment to promote the detection of fraud from the point of origination through the point of receipt at an account at the RDFI. When fraud is detected, the rules empower the originating financial institution (ODFI) to request the return of the payment for any reason; the RDFI to delay funds availability (within the limits of Regulation CC) to examine the payment more closely; and the RDFI to return a suspicious transaction on its own initiative without waiting for a request or a customer claim. An additional rule facilitates transaction monitoring by RDFIs by applying a standard transaction description for ACH credits used for payroll payments.

The impetus for the newly approved Rules came in late 2022 when Nacha released its strategy “Risk Management Framework for the Era of Credit-Push Fraud.” The strategy expanded the focus of fraud detection and prevention to include frauds that use credit-push payments, including ACH credits. While the new rules apply to ACH payments, their principles and techniques are more broadly applicable to all types of credit-push payments.

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New Nacha Rules Take Aim at Credit-Push Fraud | Nacha (2024)

FAQs

What is the new Nacha rule in 2024? ›

On March 15, 2024, Nacha members approved(1) a rule that expands the reasons for which an ODFI may request the return of an entry and establishes a new requirement for the RDFI to respond to the ODFI when it receives such a request.

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.

Are Nacha rules mandatory? ›

Yes, Nacha rules compliance is required. Nacha rules apply to member financial institutions (FI), including banks and credit unions, and provide guidelines for non-FI (financial institution) Originators, Third-Party Service Providers (TPSPs), Third-Party Senders (TPSs), and other ACH Network participants.

What is the Nacha account validation rule? ›

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. This ensures that the account details that were given match the bank account owner.

What is the difference between ACH and Nacha? ›

ACH (Automated Clearing House) is an electronic network for moving money between US bank accounts, while Nacha (The National Automated Clearing House Association) is the governing body that oversees the ACH network and enforces rules and regulations to protect sensitive information.

What is the Nacha rule R11? ›

R11 will be used to return an ACH entry when a receiving financial institution receives a claim from their account holder that the ACH entry has an error such as the wrong date or the incorrect amount.

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 7 record in NACHA file? ›

File Header Record (Type 1) (Same for all SEC Codes)
Field NumberField NamePosition in Record
7File ID Modifier34
8Record Size35-37
9Blocking Factor38-39
10Format Code40
9 more rows

Who enforces the NACHA rules? ›

Nacha's Rules Enforcement Department by email at [email protected] or phone at 703-561-1100. To report a data breach, please contact Nacha at [email protected].

Does ACH get reported to IRS? ›

Are ACH transfers reported to the IRS? The IRS doesn't count ACH transfers as cash, so they are not reported.

How do I avoid ACH payments? ›

To cancel a recurring ACH payment, you'll need to first contact the company you're paying and inform them that you're revoking their access to your account. You can do this over the phone, or you can write the company stating clearly that you are revoking authorization.

Can ACH payments be declined? ›

ACH stands for Automated Clearing House and is a means of processing checks faster electronically. If your business accepts ACH payments, you've likely wondered "What does rejected mean?" Just like traditional checks, ACH payments can be rejected due to incorrect information or insufficient funds.

What is the payment limit for NACHA? ›

In March 2022, the Same Day ACH per-payment limit increased from $100,000 to $1 million.

Do banks verify names on ACH payments? ›

It is important to note that a financial institution is not required to manually verify that the name on the ACH entry matches the name on the account at the time the payment is posted.

What is the return rate for NACHA rules? ›

This Nacha Rule established an inquiry process and evaluation points if an Originator or Third-Party Sender exceeds an administrative return rate level of 3.0% and/or an overall return rate level of 15.0%. Make sure you are monitoring accurately by using one of these return rate calculations.

What is the Nacha 60 day return rule? ›

Answer: Submitting a return of an ACH debit that is more than 60 days old (measured from its Settlement Date) is not permitted by Nacha Rules, and the ODFI has the right to refuse the return and send it back to you using a return code of R68 (Untimely Return).

How many times can an ACH debit be presented? ›

ACH rules stipulate that when you request an ACH payment from your client's bank account and your payment is rejected due to insufficient or uncollected funds, you can retry the payment two more times. But you have to retry this payment within 180 days from the settlement date of the initial entry.

What are the Nacha thresholds for returns? ›

The Nacha Rule establishes the unauthorized return rate threshold at 0.5%. Make sure you are monitoring accurately by using one of these return rate calculations.

What are the rules for a stop payment on ACH? ›

You can use stop payment orders to stop the next scheduled payment, or to prevent all future payments. If it's the latter, you'll need to provide the written order within 14 days of notifying the bank. Once the above has taken place, the ACH payments should no longer take place.

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