Our marketing group wants to promote a new product as "free". It has no monthly service charge, but it does have all of our standard fees that we disclose in our brochures/terms. It does allow for one incoming wire transfer free, however beyond that, there is a fee for each. Does this constitute an "activity fee" (when consumers exceed a specified number of transactions), which according to commentary to DD, would not allow us to advertise this product as "free"?

If any of your standard fees listed in your fee schedule, brochures etc. can be charged against your "free" account, then the account is not free.

It's not that simple. Wire transfer fees are not activity or maintenance fees, so charging for wires won't endanger your use of the work "free."

I recommend that you review comments 3-8 to section 230.8(a) in Supplement I to Regulation DD. There, you'll find detailed information on what will and what will not cause problems for you.