230.11(b)(2) - of REG DD describes the types of communications about the payment of overdrafts that are not subject to additonal advertising disclosures:

(xi) informational or educational materials concerning the payment of overdrafts if the materials do not specifically describe the institution’s overdraft service; or


However, how do you keep informational and educational materials from promoting the prodcut? I've seen other bank's that state: Ask me about our Overdraft courtesy program? Is that not promoting?


How do you specifically describe the service? You overdraw, we pay for a fee.

If you're talking about your own program, you have pulled the trigger unless all you are doing is making a mandatory disclosure. But if you're talking about courtesy OD programs in general (using a regulatory agency's brochure, for example), no trigger.

I am questioning if we now have ads for our "sweep overdraft protection" offerings are we advertising or can this be just educational? We do charge a fee for the sweep transfer service.

You are advertising it if you are actively marketing a specific product/program your bank offers.

Education ==> You discuss a generic product or service, never mentioning your own product. It's like discussing the merits and drawbacks of having a NOW account vs. a demand deposit account.

Advertising ==> You discuss your own products or services.

I'm updating our Deposit Account Brochures. I understand that including the specifics about our ODP will be viewed as advertising. We include info about (1) fees (2) trans. that cause OD (3)repayment requirements (4) and when OD won't be paid. Is there anyting else we need to do?