I'll be the first to admit that I have not studied this rule extensively because deposit ops is handled by another person and does not fall under my umbrella. In fact I have only skimmed the high lights.
Does the revision require you to "prove" that the consumer received your notice? The only way to do this is send everything by certified mail with a return receipt requested. Also does it require you to have an "opt out" for the overdraft program?
If you did not receive returned mail then I would assume the notice was received, what other assumption am I to make. If I don't have return mail and they have not responded by the specified date then I will assume they chose not to opt in and I will not pay their overdrafts.
The mail in our area is so bad, that you could not assume that the customer received it.
The delivery of the mail by the USPS is not yours or my responsibility.
If there is something in the regulation that mandates you have proof the notice was received and that you must either have an opt in or an opt out to the overdraft program then I stand corrected, but if there is no such regulatory requirement then I'll be darned if I'm going to create additional work for myself.
And to get back to the phone call. The whole purpose of your call is to solicit the customer to opt in to a service that you provide. I still can't see this as anything but a marketing call. You are asking them if they are interested in a product that you are offering.
Mr. Customer, we recently mailed you information concerning our overdraft program asking you to reply if you wanted to opt in. We have not received that reply therefore we are calling to see if you are interested in opting in to our program offering so that we may continue to honor your overdrafts through the program.
How is that not a marketing/solicitation call?