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Mass Mailing CD to Increase Early Withdrawal Penalty

Question: 
Is it acceptable to provide a mass mailing to all CD customers prior to renewal to increase the early withdrawal penalty and how can this be accomplished?
Answer: 

Answer by Randy Carey: I doubt that you can. A CD is a contract in which the terms were set at the time the CD was issued. I have not seen CD contracts that provide a change in terms provision. You can change them at renewal or enlist the help of legal counsel.

Answer: 

Answer by Ken Golliher: My time deposit matures in February, Randy's in March, and John's in April and you want to do a single mass mailing to all of us? No.

Even though they may have disclosed the same penalty, they were individual contracts and you can amend their terms at maturity one at a time following the steps in Regulation DD.

If your management is thinking about trying it please let me know if my Mom is one of your customers! I'm thinking class action lawsuit with a UDAAP cherry on top.

First published on BankersOnline.com 2/11/13

First published on 02/11/2013

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