Do we have to include in our initial TISA disclosure that we will only charge a maximum of 5 NSF/OD fees in a given day? We are setting the max at 5 but some do not want to include this in the TISA disclosure. It does not happen very often and previously the manager may have decided to limit the charges anyways - now it will be automatic. Can we get away with not saying there will be a maximum amount per day?

It will make it into compliance audit findings, but I've never seen anyone (meaning regulators and compliance, not accounting) get bent out of shape over charging the customer fewer fees than you disclosed you could. Possible issue - this will become a "multiple repeat" audit exception. Know how you will handle that.

I'm going to offer a contrary opinion. There's nothing in Regulation DD or its commentary that addresses "caps" on fees. One can even take the view that, by disclosing the cap, you might encourage a customer (or two) to write more rubber checks (more bang for the buck).