Answer:
Plain and simple: No. You can't use leverage like that to get people to opt in. That would be a violation of Regulation E Section 205.17(b)(3):
(3) Same account terms, conditions, and features. A financial institution shall provide to consumers who do not affirmatively consent to the institution’s overdraft service for ATM and one-time debit card transactions the same account terms, conditions, and features that it provides to consumers who affirmatively consent, except for the overdraft service for ATM and one-time debit card transactions.
First published on BankersOnline.com 3/14/11
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