In the past, we have allowed customers to opt in to accessing their ODP funds for one time POS purchases. However, we have not allowed our ATM system to be utilized for the ODP service for the opt in customers (no customers for that matter). We have just realized how many large merchants are processing customer's purchases outside of the card network making our system code these purchase the same as if they are ATM transactions. This is causing a loss of fee income from those Reg E opt in customers when the purchase utilizes the ODP funds. We are considering allowing our ATMs to dispense funds up to the ODP maximum. Is this a common practice to allow ATMs as a means to access ODP funds? And, are there any ATM sign notices require? Or other areas of concern by doing this? We already have ATM as a way to access ODP funds listed on our Opt In Disclosure.

I am interested also if others allow the ATM as a means to access ODP funds. We also currently do not allow the customer to access ODP funds and I am currently concerned about our Opt In Disclosure. We ask if the customer wants to Opt in to ATM transactions, but if we are not actually allowing this could this be considered misleading and should we update our form to not include this?

You're right. If they want to opt-in to ODP funds at the ATM, but you don't allow it, why are you telling them it's an option? Make it clear what they have options for and then give them the opt-in right to do what they can.