Just be aware that you have to meet these conditions in Michigan. States get really picky when banks do not comply with the law as they see it as stealing State funds, I was at one bank in the 80's that had to cough up six figures to the State. You might want to talk to your legal counsel as while your depositor's agreement might allow you to notify customers of a change in terms, if you cannot notify them, does that still mean you have an enforceable written contract for these fees.
(3) A holder may not impose with respect to property described in subsection (1) any charge due to dormancy or inactivity or cease payment of interest unless all of the following requirements are met:
(a) There is an enforceable written contract between the holder and the owner of the property providing that the holder may impose a charge or cease payment of interest.
(b) For the property of a value in excess of $2.00, the holder, not more than 3 months before the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease. However, the notice required in this subdivision need not be given with respect to charges imposed or interest ceased before March 28, 1996.
(c) The holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to the property.
_________________________
The opinions expressed here should not be construed to be those of my employer:
PPDocs.com