“Creative” or not idea by senior management. Are there any bankers out there attempting to ask customers to sign the opt-in notice for their overdraft program simply so that when the inadvertent overdraft occurs for a debit card transaction because of timing issues between approval and posting, that the bank can charge the customer an overdraft fee for that debit card transaction? This is opposed to allowing the overdraft program being included in the debit card approval process.

If anyone is doing this, they should expect a UDAAP claim at some point. I doubt you will find many posters here on BOL that are engaging in this practice, as it has been discussed, and discussed, and discussed numerous times as being unfair and deceptive.

To make a long story short, if you opt in a customer who has NO overdraft privilege just so you can charge a fee on inadvertant debit card transactions, you have a UDAAP. Period.

Thank you, I just needed someone to say it besides me as support. Your response is exactly what I was hoping for.