Your peer bank will be the first to know the answer to that question, but they will not know until they have their first examination. If their examiner wants to crucify them, it will be easy to do. The doomsday scenario would be that he would conclude the opt-in's they obtain were not effective and all fees collected pursuant to that notice were subject to refund.
Seriously, no one knows the answer.
There was a CIP issue that David and I slugged it out over in anticipation of the effective date of those regulations. (I don't even remember what it was.) However, I do remember that I never saw an examiner make an issue of it in a written report in the years that followed. He and I were apparently the only two people on the planet who thought it was an issue.
What I do know is that intetlligent compliance with a new regulation requires calculated risks, not the bull in a china shop path your peer is on. I would follow the format in the model in every single way I could and take my compliance risks elsewhere. No one is going to read the [censored] thing anyway.
Yes, I am a pirate...born 200 years too late. Some of it's magic and some of it's tragic, but I've had a good life all the way. JB