Does a debit card count as an access device for EFT. This is a question on an FDIC request. We do not have an ATM but we issue card that can be used at ATM's and POS. I say it is other are saying no.

A debit card issued to an individual for access to a consumer deposit account is by definition an access device under Regulation E.

others have to be running into this: Casino issues debit card that access our bank customer's account. If this card has not been "issued by or on behalf of the account-holding institution," does that mean we may charge an nsf fee even if the customer has not opted-in??

How are the transactions hitting your customer's account? If they are posting a Point-of-Sale, then, no. However, most third party issued debit card transactions that I have seen hit my customers' accounts have been ACH debit. If the latter is true, then yes, you may charge a fee.

I think the confusion on de-coupled debit transactions is that they're clearing via ACH, but under the "POS" or "MTE" SEC codes. From transaction descriptions on our core system, it's difficult to distinguish an ACH "POS" from our debit card "POS" postings.

Sounds like you need to establish some new tran codes/descriptions to segregate these items.

Only if we could! They're hard-coded! The Operations staff can tell the difference, but the front line has difficulty.

If the Ops staff can distinguish ACH POS from debit card transactions, your computer system can, too. Can you set parameters that assess an OD fee if the item arrived via ACH?

Yes,that has not been an issue for us. It's training the front line staff for routing customer inquiries to the correct people in our office (debit card vs ACH transaction).

Our bank has figured out how to tell the difference between our own debit card transactions processed thru first data system and the casino debit card transactions. We have also figured out that we may return those transactions where we cannot do that with our own (daily dollar limit method) but we are still unsure if we may charge a nsf fee if the customer has not opted in on nsf/od fees created by an ATM or one time debit card transactions (because it has not been issued "on behalf" of our bank).

If the debit card was not issued by or on behalf of your bank, the transactions are not subject to the prohibition against assessing overdraft fees without an opt-in on ATM and one-time debit card transactions.

Reference Regulation E, Supplement I, Comment 17(b)-1(i)

Thank you John, that is what I was hoping you would confirm for me