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#1391509 - 05/14/10 07:46 PM alternatives in opt in notice
Baker Offline
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Joined: Nov 2005
Posts: 772
Washington State
Reg E states the following:

5) Alternative plans for covering overdrafts. If the institution offers a line of credit subject to the Board’s Regulation Z (12 CFR part 226) or a service that transfers funds from another account of the consumer held at the institution to cover overdrafts, the institution must state that fact. An institution may, but is not required to, list additional alternatives for the payment of overdrafts.

Am I correct in my interpretation that if we offer lines of credit and sweeps we must list these in the notice but that it is optional to list any other services besides these that could substitute overdrawing an account and getting charged a NSF fee? (I am not sure what else there would be)

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#1391542 - 05/14/10 08:12 PM Re: alternatives in opt in notice Baker
Baker Offline
Platinum Poster
Joined: Nov 2005
Posts: 772
Washington State
OCC Bulletin 2010-15 answered my question. However I have a follow up question.

2010-15 states the same verbiage as above but has a reference to footnote 6 which states “Under the Rule, the financial institution may, but is not required to, list those methods.”

The rule does state that the notice must include the information outlined in the Regulation and may not contain any other information that is not specified in or otherwise permitted by the rule.

The question I now have is whether stating “Bank X offers alternative methods for covering overdrafts, please talk to one of our bank representatives for more information regarding such services” is an acceptable deviation.

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