12 CFR 1005.6(a)(4), Liability of consumer for unauthorized transfers, says

(4) Extension of time limits. If the consumer's delay in notifying the financial institution was due to extenuating circumstances, the institution shall extend the times specified above to a reasonable period.

This is consistent with 15 USC 1693g(a) (Consumer liability / Unauthorized electronic fund transfers; limit), which establishes the time limits with a parenthetical extension, for example

within sixty days of transmittal of the statement (or in extenuating circumstances such as extended travel or hospitalization, within a reasonable time under the circumstances)

However, I can find no further guidance in the statute nor in the regulation as to the determination of "reasonable time under the circumstances." Is there any jurisprudence on this question?

I am particularly interested in the second circuit, in the case of extended travel, and in the question of whether 75 days or 95 days might be considered reasonable given that the traveler has not returned home during that period.

  • 2
    I would assume that, as with most uses of the word "reasonable", it's meant to be evaluated on a case-by-case basis if the issue arises in court. Jul 4, 2022 at 22:26

1 Answer 1


There is heaps of case law on reasonableness

It’s one of the oldest standards in common law jurisprudence. It means:

Just, rational, appropriate, ordinary, or usual in the circumstances.

In the context above, a reasonable period is probably an extension which gives the customer 60 days outside the “extenuating circumstances”.

  • See also Boechler, P.C. v. Commissioner of Internal Revenue, 2022 WL 1177496 (U.S. April 21, 2022), in which the Court ruled that a federal time deadline is jurisdictional only if Congress clearly states that it is. If a limitations period instead is nonjurisdictional, then the limitations period is presumptively subject to equitable tolling.
    – ohwilleke
    Aug 4, 2022 at 1:57

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