In re-reading Reg DD - 1030.4(b)(4) Fees and the associated commentary, I'm probably confusing myself more than I have to.

I recognize that the follow are fees which need to be disclosed:

Fee for each Insufficient Funds Debit Returned Unpaid
Fee for each Debit Paid that Creates an Overdraft
Daily Overdraft Fee
Stop Payment Fee
Fee for Balance Inquiry

However, there are other fees that are not as clear-cut to me as to whether or not they apply to the account, especially if only offered to customers. Would I be correct as follows?

ACH Origination Fee – not subject to Reg DD
ATM or Debit Card Replacement Fee – not subject to Reg DD
Temporary Checks - not subject to Reg DD
Cashier’s Checks - not subject to Reg DD (sold only to customers)
Account Activity Printout - not subject to Reg DD (customer wants printout from date 1 to date 2)
Account Research/Balancing Assistance (per hour) - not subject to Reg DD
Notary Fee - not subject to Reg DD
Photocopy Fee - not subject to Reg DD
FAX Fee - not subject to Reg DD
Wire Transfers - not subject to Reg DD (originated/received only for customers)
Telephone Transfer Fee - not subject to Reg DD (customer calls into operations to transfer funds between accounts)

Internet Banking Fee - subject to Reg DD? Often based on service used, e.g., bill pay, P2P
Telephone Banking Fee – subject to Reg DD? Balance inquiry, transfer between accounts

ACH Origination Fee – not subject to Reg DD

What is this fee for?

ATM or Debit Card Replacement Fee – not subject to Reg DD

Regulation E Fee

Temporary Checks - not subject to Reg DD

Incorrect

Cashier’s Checks - not subject to Reg DD (sold only to customers)

Correct

Account Activity Printout - not subject to Reg DD (customer wants printout from date 1 to date 2)

Incorrect

Account Research/Balancing Assistance (per hour) - not subject to Reg DD

Incorrect

Notary Fee - not subject to Reg DD

Correct

Photocopy Fee - not subject to Reg DD

Correct

FAX Fee - not subject to Reg DD

Correct

Wire Transfers - not subject to Reg DD (originated/received only for customers)

Correct

Telephone Transfer Fee - not subject to Reg DD (customer calls into operations to transfer funds between accounts)

Incorrect or required under Regulation E

Internet Banking Fee - subject to Reg DD? Often based on service used, e.g., bill pay, P2P

Not subject to DD


Telephone Banking Fee – subject to Reg DD? Balance inquiry, transfer between accounts

Regulation E Fee

I have a couple questions with regards to Reg DD and itemizing monthly fees that may be charged for a minimum balance fee or excess transaction fee on customer deposit account statement.

Question 1: If you charge a minimum balance fee and/or excess transaction fee but your statement just discloses it as a "service charge" does it need to be more detailed? For Example: "minimum balance service charge", "Excess withdrawal fee".

Question 2: Then do you need to recap the services charges paid for the statement period and itemize them by type?

1. 1030.3(a) - Comment 2. Consistent terminology. Institutions must use consistent terminology to describe terms or features required to be disclosed. For example, if an institution describes a monthly fee (regardless of account activity) as a “monthly service fee” in account-opening disclosures, the periodic statement and change-in-term notices must use the same terminology so that consumers can readily identify the fee.

2. Only overdraft and return item fees must be recapped. Read 1030.6(a)(3) - Comment 2 - Itemizing fees by type.

With apologies for rehashing an old thread, what is the basis for concluding that a change in cashier’s check fees (where cashier’s checks are only available to customers) is not subject to the advance notice requirements in 1030.5? I know that the official commentary to 1030.4 states that there is no requirement to disclose fees (or changes to such fees) “for services that are offered to account and nonaccount holders alike,” but that standard doesn’t seem to be met here.

A Cashier's Check fee is not a fee charged in connection with having a bank account. It is a fee for an ancillary service.

But temporary checks are (see messages earlier in this thread)? Having trouble distinguishing the two.

Temporary checks access the customer's deposit account- can't have temporary checks without a deposit account.

If someone didn't have a deposit account and only had a line of credit such as a HELOC and they come in and make a $100,000 draw, you would provide them with a cashier's check. They're still a customer, but nothing to do with them having a deposit account.

Thanks, that’s helpful. But what if the fee that’s being increased is for a service that allows only deposit account holders (and not other customers) to obtain a cashier’s check?

It's not a fee that is associated with the account. It's an ancillary fee. Just like a wire fee.

It's not a fee that is associated with the account. It's an ancillary fee. Just like a wire fee.