We charge $1.50 as an out of network ATM transaction fee.

1. Do we have to list this in both our Reg DD and Reg E disclosures?

2. If we list this fee in a separate Schedule of Fees that we provide at account opening and when a service is provided later, do we still need to include it in either the Reg DD or Reg E disclosures?

3. We charge a $10.00 card replacement fee. I think this only needs to be in the Schedule of Fees. Opinion?

For question 1, you can provide it on either disclosure or both. See the commentary to both Reg E and Reg DD:

From 1005.4 of Regualtion E:
(b) Additional information; disclosures required by other laws. A financial institution may include additional information and may combine disclosures required by other laws (such as the Truth in Lending Act (15 U.S.C. 1601 et seq.) or the Truth in Savings Act (12 U.S.C. 4301 et seq.) with the disclosures required by this part.

From 1030.3 of Regulation DD:
(c) Relation to Regulation E (12 CFR Part 1005). Disclosures required by and provided in accordance with the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) and its implementing Regulation E (12 CFR Part 1005) that are also required by this part may be substituted for the disclosures required by this part.

For question 2, you can list the fee on a separate schedule as long as the consumer knows which fees apply to their account.

From 1030.3(a): ...Disclosures for each account offered by an institution may be presented separately or combined with disclosures for the institution's other accounts, as long as it is clear which disclosures are applicable to the consumer's account.

Question 3: It needs to be disclosed under Regulation E (and not DD), so I would include it in your E disclosure.

Question #3 - would not the same rules apply as to #1 - it could be in the DD disclosures and not necessarily in the E disclosure. The thing you do have to pay attention to is when you issue a debit card on an account sometime after the underlying account is opened.

7(a) Timing of Disclosures

1. Early disclosures. Disclosures given by a financial institution earlier than the regulation requires (for example, when the consumer opens a checking account) need not be repeated when the consumer later enters into an agreement with a third party to initiate preauthorized transfers to or from the consumer's account, unless the terms and conditions differ from those that the institution previously disclosed. This interpretation also applies to any notice provided about one-time EFTs from a consumer's account initiated using information from the consumer's check. On the other hand, if an agreement for EFT services to be provided by an account- holding institution is directly between the consumer and the account-holding institution, disclosures must be given in close proximity to the event requiring disclosure, for example, when the consumer contracts for a new service.

Well, I was getting pretty technical in my reply. Basically, I think it could be debatable whether a card replacement fee is a fee "imposed in connection with the account," meaning it may not technically be required by Regulation E. Therefore, I took the conservative approach in my answer to say it was best to include it on the Reg E disclosure as, if an examiner determined the fee was not "required" by Regulation DD, you could have a technical problem as Regulation E only permits disclosures to be combined when they are "required by other laws."

Bottom line - no problem if you list it on your Reg E disclosure but potential criticism if you list it on the Reg DD disclosure and NOT on the Reg E disclosure. Again, very much into the weeds, but that was my thinking.

Thanks for your advice!