Reg DD amendments effective 1/1/2010 significantly modify subsection 230.11(a) and add subsection 230.11(c). The Official Staff Interpretations of each of those subsections was also amended.
The thrust of the changes make it mandatory for all depositary institutions to disclose on periodic statements the period and year to day total of fees for overdraft fees and for fees to return checks unpaid (regardless of whether the institution promotes an overdraft protection or courtesy overdraft program, but not including instances in which overdrafts are covered by transfers from an overdraft line of credit or from other accounts of the depository), using a specified format.
Additionally, there is a new requirement that any balance provided by an automated system -- ATM, online, telephone response, etc. -- must not include funds available for the coverage of overdrafts -- whether from the bank's funds, from a line of credit or from other funds of the depositor; provided that a second balance that includes such other funds may be provided, but only if the fact that it includes such other funds (describing their source) is also stated.
There is a proposal (not finalized) to amend Reg. E to require and opt-in or an opt-out of overdrafts triggered by ATM or POS activity.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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