11/03/2024
Reg E (12 CFR 1005.17(b)(2)) says we cannot condition the payment of checks and other transaction on the whether the consumer has opted into overdrafts via ATM and one-time debit card transactions. However, it does not clarify whether the opposite is allowed – meaning can you condition ATM and one-time debit card transactions on whether someone has opted into overdrafts via check and other transactions? I can't find any guidance on this question, so any advice is much appreciated.
08/11/2024
Can a merchant force a debit card transaction by claiming that the transaction is a recurring transaction event though it's not? For example, the customer opted out of overdraft service for ATM and one-time POS debit card transactions, but a merchant forced the transaction by claiming it's recurring.
07/16/2023
An executive officer has a debit card transaction that has caused an overdraft. As to Reg O, we would pay and charge the fee. But as to Reg E he has opted out which means we would pay the item and not charge the fee.
I don't know which Reg takes precedence. The account is overdrawn less than $100.
05/14/2023
My bank made changes to language in the fee schedule and depository disclosures, pertaining to return items and non sufficient funds representments and statement language. Is there any reason the bank needs to notify the customer of these changes?
02/06/2022
Has the number of monthly electronic funds transfer for overdraft protections changed recently?
05/02/2021
We are receiving a significant number of computer-generated, form letters from Cushion, a fintech in San Francisco, requesting refunds of fees (generally overdraft fees). In researching Cushion, I have found that a consumer pays an annual fee and provides the company with access to their bank accounts via online banking. Cushion then scans the customer's accounts looking for fees. If it finds any fees, it generates a letter requesting the fees be refunded, citing difficulties during the COVID pandemic. We are handling these requests according to our policy, but the volume of requests has significantly increased and we are receiving as many as 50 per day. I would like to know if other institutions have reported receiving these third-party refund requests from and how they are dealing with them. In addition, have you heard any thing about these types of services from the regulatory agencies' perspective.
12/24/2017
As it pertains to Reg O and overdraft monitoring: Are business DDA accounts for which directors are signers to be included in the overdraft monitoring process?
11/26/2017
As it relates to ODP programs, have there been any recent updates or proposals related to debit card authorizations approved on a positive balance, but which are then presented against insufficient funds because customer has used the funds and the bank is not allowed to assess OD/NSF fees on the debit card item? (This assumes the customer has opted-in for Reg E inclusion of debit card transactions.) I've heard this may be considered a UDAAP problem but haven't found any publications on the subject.
10/29/2017
Vendor “v” Compliance and I’m in the middle. Scenario; Our customer goes to a casino, casino issues a card, customer uses it at the casino, casino uses POS entry class code and runs it through ACH network, customer does not have a debit card with us or has not OPT-IN. If the transaction is NSF can we assess a fee? I know we can return if necessary, our vendor has an identifier on the transaction so we know it came through ACH and can return it but have been told we cannot assess a fee unless the customer has OPTIN. My interpretation of 2017 NACHA rule book pages ORxxxvi, OR 18 and OR60 is that banks should be able to assess a fee because this is an ACH transaction not a Debit Card (POS, ATM) transaction. Which rules apply to this transaction?
11/27/2016
Is UDAP (Unfair or Deceptive Acts or Practices) a concern with overdraft services?