Question and Answer

An institution allows service charges to overdraw our checking accounts but not our savings accounts. Should that be in our disclosures somewhere?

Answer:

The FDIC has been criticizing Institution’s for not disclosing this possibility. Under Regulation DD, Institutions are required to disclose what can cause overdrafts. The typical language is:

Overdraft fees apply to overdrafts created by check, in-person withdrawal, ATM withdrawal, or other electronic means.

TCA recommends additional changes based on whether or not the Institution offers a Reg E opt-in for ATM and one-time debit card transactions.

  • Overdraft fee verbiage for opt-in institutions: Overdraft fees apply to transactions created by check, in-person withdrawal, internal transfer, bank fees, or other electronic means. Overdraft fees will not be imposed on ATM withdrawals or one-time debit card items unless the account has opted in.
  • If an Institution does not offer opt-in: Overdraft fees apply to transactions created by check, in-person withdrawal, internal transfer, bank fees, or other electronic means. Overdraft fees will not be imposed on ATM withdrawals or one-time debit card items. The addition of the “bank fee” verbiage covers the service charge angle.

The addition of the “bank fee” verbiage covers the service charge angle.

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