Thanks. But they do pass a balance, hence a program just not a UDAAP issue.

Right, we have a program, but no UDAP because we do pass a "puffed" balance at the terminal for Bounce customers that have opted in. And yes we only charge a fee on ATM/POS on those who have the Bounce AND opted in.

What caught us off guard was the way they decided our program was hybrid. They actually stated that ours was hybrid SOLELY because the ATM and POS items were force pay....admittedly that was an angle I had missed due to how our system works (everything kicks out to EIP including ATM and POS). Honestly I don't think anyone considered that one point (force-pay = automated) when reviewing the guidance nor after hearing the FDIC call.

One thing that really struck a nerve with me when they were here was when they told me they weren't citing UDAPs for banks who ran opt ins without a program. NOTE: That was what my area EIC stated. I had convinced management not to try an opt in on our non-Bounce customers due to potential UDAP issues, then found out banks in our area had done it and gotten away with it!