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#2193320 - 09/21/18 02:03 PM Free Checking
Banker57 Offline
Gold Star
Joined: Jul 2010
Posts: 439
Minnesota
Can a checking account be advertised as free if we charge a NSF/Overdraft fee?

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#2193332 - 09/21/18 02:47 PM Re: Free Checking Banker57
RockChucker, CAMS Offline
Diamond Poster
Joined: Jul 2013
Posts: 1,700
The Country
As far as I have been able to research you are ok to advertise it as free and still charge OD/NSF fees. A bank I worked for had Free Checking and charged OD/NSFs and never had any issues.
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#2193351 - 09/21/18 03:47 PM Re: Free Checking Banker57
Adam Witmer Online
Power Poster
Joined: Sep 2010
Posts: 2,662
Originally Posted By Banker57
Can a checking account be advertised as free if we charge a NSF/Overdraft fee?


Yes. In fact, many banks do charge NSF/OD fees on free accounts because NSF/OD fees are not maintenance or activity fees under Regulation DD and, therefore, do not make an account ineligible to be advertised as "free."
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Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

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#2193361 - 09/21/18 03:57 PM Re: Free Checking Banker57
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,763
Central City, NE
FWIW, I agree.
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http://www.bankerscompliance.com

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#2194420 - 10/02/18 02:49 PM Re: Free Checking Banker57
Banker57 Offline
Gold Star
Joined: Jul 2010
Posts: 439
Minnesota
Is a charge for paper statements considered a monthly service fee? The consumer does have the option for online statements at no charge.

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#2194425 - 10/02/18 03:06 PM Re: Free Checking Banker57
Adam Witmer Online
Power Poster
Joined: Sep 2010
Posts: 2,662
If the product is a single product that gives the option to either have free e-statements or a paper statement for a charge, you can't advertise this product as "free" as the charge for paper statements would be considered a monthly service fee since (at least some) consumers would reasonably expect the fee to be imposed on a regular basis.
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

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