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.
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