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#1119572 - 01/29/09 10:31 PM Wording on Overdraft Program Information Notice
Libby M. Offline
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Joined: Sep 2007
Posts: 604
Mississippi, USA
I am concerned about a sentence found on our bank's information notice given to customer's at account opeing for our "Courtesy Pay" (overdraft program). The sentence reads, "If you receive a direct deposit for social security or other federal benefit, you must opt-out if you do not want us to apply these funds to repay an overdraft."
If the customer opts-out of the program, would the bank be prohibited from applying their direct deposit of a federal banefit to repay their overdraft?
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Lela Purvis, CRCM/CCBCO/CBAP


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#1119589 - 01/29/09 10:41 PM Re: Wording on Overdraft Program Information Notice Libby M.
rlcarey Offline
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rlcarey
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Galveston, TX
Sounds like it to me.
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#1119627 - 01/29/09 11:08 PM Re: Wording on Overdraft Program Information Notice Libby M.
Libby M. Offline
Platinum Poster
Joined: Sep 2007
Posts: 604
Mississippi, USA
Is there any law that prohibits the bank from applying a direct deposit of federal benefits to repay an overdraft?
_________________________
Lela Purvis, CRCM/CCBCO/CBAP


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#1119663 - 01/29/09 11:50 PM Re: Wording on Overdraft Program Information Notice Libby M.
Andy_Z Offline
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#1119692 - 01/30/09 01:33 AM Re: Wording on Overdraft Program Information Notic Andy_Z
homestar Offline
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Joined: Feb 2001
Posts: 2,245
US of A
As Andy says, it's created some controversy and confusion, but primarily only in California due to decisions by the 9th Circuit. That's not to say it couldn't create the same confusion in other jurisdictions. If you're worried about it, I suggest you seek advice from outside counsel with experience in these matters.
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