Soooo.......you're saying the card in question "can not be used to access any kind of deposit account" and is "tied only to the HELOC account" isn't that a slam-dunk conclusion that it has to be a credit card?
Thus, it would it be subject to 1026.12(d) and our contract could not contain right of setoff language. Correct?
Note: I actually do agree it is a credit card, but am trying to gather as much evidence to support my position, so when I present this to management they will agree with me.