Yes. The provisions of section 1005.17 only address the assessment of a fee for paying items that take an account negative (or more negative), and for continuing in an overdrawn status due to the payment of those items, when the items are ATM and one-time debit card transactions.
Last edited by John Burnett; 07/06/15 03:50 PM.
The regulation does not affect a bank's ability to assess a fee for returning an item unpaid, assuming you have appropriately disclosed the fee and the circumstances under which it may be imposed.
ETA: Of course, ATM and one-time debit card transactions can't be returned unpaid, so you can't assess what amounts to an "item returned unpaid" fee. For those card transactions that "sneak in" as overdrafting entries because of $1 authorizations at gas pumps or intervening items get paid first, you won't be able to charge either fee.
John S. Burnett
Fighting for Compliance since 1976
Bankers' Threads User #8