Is there a good definition of "activity fees" for reg DD? I'm trying to decide if excessive transaction fees charged for customers going over six transactions on a savings account would meet the definition of an "activity fee".

Yes - it's purely a transaction fee. Whether you charge a fee in this circumstance is purely a bank service charge decision.

That's kind of what I was thinking. But one question. How does that differ from a balance inquiry fee or stop payment fee that is exempted from the definition? Aren't those fees discretionary as well?

Huh??

(b)(4) Fees

1. Covered fees. The following are types of fees that must be disclosed:

iv. Fees for special services, such as stop-payment fees, fees for balance inquiries or verification of deposits, fees associated with checks returned unpaid, and fees for regularly sending to consumers checks that otherwise would be held by the institution

I apologize, we are talking about something different I think. I am referring to section 230.8(a)(3) on fees affecting "free" accounts. Would excessive transaction fees be considered an activity fee that would prohibit us from advertising an account as "free". In this section, balance inquiry and stop payment fees are excluded. The commentary 230.8(a)(3)(i) states that an activity fee is "Any fee imposed when a minimum balance requirement is not met, or when consumers exceed a specified number of transactions". So I should assume that they are referring to excessive transaction fees correct?

"when consumers exceed a specified number of transactions"

That pretty much says it in a nutshell.

I know, I know...I always try to make things more difficult than they really need to be.

Thanks for helping me anyway!