If our CSR give the automated overdraft protection disclosures along with all the TIS, Reg. CC, etc… disclosures, would this be consider “Advertising” the bank’s automated ODP program?

I couldn't answer that without seeing the disclosures. If they are strictly what is required by regulation, it would not be advertising. If it describes your program and how it works, you'd be stepping into disclosure territory. But I've learned never to give a black and white answer on advertising without knowing what the material says.

They do describe our program in that they state the maximum $, the eligibility criteria, time period to repay, other credit programs available, etc…

With that said, am I correct in understanding 230.11(b) that giving our ODP disclosure at account opening would be considered advertising?

Yes, I'm afraid you are correct.

Thank you John
One last related question...

If the bank changes the qualifying criteria (lessens its prior restrictions) so more applicants could qualify, would there be any kind of disparate treatment issues arise from such a change?
Would we be criticized by FDIC examiners for such an act?

Disparate treatment usually comes up after the fact, when you realize that the law of unintended consequences really exists. I imagine that you'd have to look not only at the loosening of criteria but also the marketing methods and materials used. Where I know you can get into trouble is marketing ODP to those who can least afford the fees.

AS for your friends at the FDIC, I can't offer you any encouragement or discouragement. I just don't know. And I wouldn't venture a guess without being able to see the entire ODP from soup to nuts, along with the demographics of your customer base. (And no, I don't do that kind of review.)