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#2143292 - 08/23/17 05:31 PM Reg DD - Interest Rate/APY Effective Date
Oscar Offline
Member
Joined: Aug 2017
Posts: 53
Hello,

I am performing a Reg DD audit at a Bank and came across an interest bearing product that has a Truth in Savings disclosure that notes more details on an additional disclosure. The additional disclosure also has Truth in Savings Disclosure in its title and both are given to the customer when they open an account. The regular TIS (Wolters Kluwer form) notes that the interest rate and annual percentage yield are accurate as of the date printed above and the disclosure automatically updates to the current date. The additional disclosure states "the interest rate and annual percentage yield are effective as of March 24, 2016." I mentioned to them that the disclosure needs to update the date like the regular TIS does and they told me they have it that way on purpose to show how long the interest rate and APY have been effective and insisted they want it that way. Since this is an additional disclosure that is given out with the regular TIS, can they do that? If not, can you give me any ideas on how to convince them they cannot?

Both are exactly the same except for the date.

The interest rate(s) and annual percentage yield (APY) are effective as of March 24, 2016. If you would like
more current rate and yield information, please call us at
(xxx) xxx-xxxx. The interest rate and annual percentage yields may change at any time.
Last edited by SMQ, CRCM; 08/24/17 04:25 AM. Reason: mask phone number
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#2143394 - 08/24/17 03:10 AM Re: Reg DD - Interest Rate/APY Effective Date Oscar
BrianC Offline
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,876
Illinois
The regulation and commentary to 1030.4(a)(2)(ii)(A) should help you out. This section refers to situations where an institution is providing disclosures in response to a request from a consumer.

(2) Requests. (i) A depository institution shall provide account disclosures to a consumer upon request. If a consumer who is not present at the institution makes a request, the institution shall mail or deliver the disclosures within a reasonable time after it receives the request and may provide the disclosures in paper form, or electronically if the consumer agrees.

(ii) In providing disclosures upon request, the institution may:

(A) Specify an interest rate and annual percentage yield that were offered within the most recent seven calendar days; state that the rate and yield are accurate as of an identified date; and provide a telephone number consumers may call to obtain current rate information.

Recent rates. Institutions comply with this paragraph if they disclose an interest rate and annual percentage yield accurate within the seven calendar days preceding the date they send the disclosures.
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#2143422 - 08/24/17 01:57 PM Re: Reg DD - Interest Rate/APY Effective Date BrianC
Oscar Offline
Member
Joined: Aug 2017
Posts: 53
Thank you so much for your help!!

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