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#1587349 - 08/04/11 01:52 AM Reg. E - UAF, UCF, NSF
Russ Bitely Offline
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Joined: Oct 2009
Posts: 14
It seems Regulation E always implemented Unavailable Funds (UAF) and Non-Sufficient Funds (NSF) fees while Regulation CC drove the implementation of Uncollected Fund (UCF) fees with deposit holds.

Is this still true with recent changes to Regulation E or does Regulation E cover all 3 fees of UAF, NSF, UCF now under 205.17(a) opt-in?

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#1587352 - 08/04/11 02:13 AM Re: Reg. E - UAF, UCF, NSF Russ Bitely
rlcarey Offline
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Galveston, TX
I have been in banking for thirty years and have never heard of Unavailable Funds (UAF) or Uncollected Fund (UCF) fees.
The opinions expressed here should not be construed to be those of my employer:

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#1587355 - 08/04/11 02:38 AM Re: Reg. E - UAF, UCF, NSF rlcarey
BrianC Online
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Randy, I think the poster is asking about items that are presented that will exceed the available funds in the account as the result of a hold placed on a deposit.

Reg CC addresses overdrafts that occur as the result of a hold placed on a check.

(3) Overdraft and returned check fees. A depositary bank that extends the time when funds will be available for withdrawal on a case- by-case basis and does not furnish the depositor with written notice at the time of deposit shall not assess any fees for any subsequent overdrafts (including use of a line of credit) or return of checks or other debits to the account, if--
(i) The overdraft or return of the check or other debit would not have occurred except for the fact that the deposited funds were delayed under paragraph (c)(1) of this section; and
(ii) The deposited check was paid by the paying bank. Notwithstanding the foregoing, the depositary bank may assess an overdraft or returned check fee if it includes a notice concerning overdraft and returned check fees with the notice required in paragraph (c)(2) of this section and, when required, refunds any such fees upon the request of the customer. The notice must state that the customer may be entitled to a refund of overdraft or returned check fees that are assessed if the check subject to the delay is paid and how to obtain a refund.

Basically, if you give your customer a notice at the time of deposit, you can charge a fee, no notice, no fee. However, due to the recent changes in Reg E, if the item that creates the overdraft is a one time debit card transaction or ATM withdrawal, you cannot charge a fee, even if you have supplied a hold notice, unless the customer has previously opted in.
Sola Gratia, Sola Fides, Sola Scriptura, Solus Christus, Soli Deo Gloria!

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#1587407 - 08/04/11 01:21 PM Re: Reg. E - UAF, UCF, NSF BrianC
AuditorK Offline
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Joined: Feb 2003
Posts: 962
Our bank charges the same fee for NSF as for UCF. An UCF situation occurs when deposited funds aren't available until the next business day but items are presented for payment against those funds on the day of deposit.

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#1587444 - 08/04/11 02:05 PM Re: Reg. E - UAF, UCF, NSF Russ Bitely
Elwood P. Dowd Offline
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Elwood P. Dowd
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Posts: 21,939
Next to Harvey
The generic "NSF" fee pretty much went the way of the dinosaur when Regultion DD directed banks to distinguish between "overdraft" fees and "return item" fees a little over 6 years ago.

You may charge the other two fees if you disclose and describe them as required by Regulation DD.

Regulation E prohibits banks from imposing an overdraft fee on covered transactions unless the customer has "opted in." If the question is "Could we charge the other two fees when we could not charge an overdraft fee?" my answer is "No." No opt-in, no fee when you pay an ATM withdrawal or one time debit card transaction.
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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