I am reading conflicting information. What is the difference?

FRRS: Questions And Answers About Regulation D 2-301.4 (updated 3-94)

Definition and Application

Q1. Are savings accounts subject to ACH debits and credits included in the definition of transaction accounts?

A. Under the definition of “transaction account,” (§204.2(e)(6)) orders received from an automated clearing house (ACH) to debit an account constitute preauthorized transfers. Such an account must be treated as a transaction account unless the deposit contract limits the number of such debits to three per month and it is the practice of the institution to limit such transfers to no more than three. If credits only may be made to the account, then it is not a transaction account, regardless of the number of credits made per month.

OCC Guide on Depository Services 9-96
Appendix Question 4: Verify that transactions are correctly categorized according to the following list:

* Three-transaction limit. Point-of-sale transactions with either ATM or credit card company debit cards and withdrawals payable to third parties initiated by checks or drafts.

* Six-transaction limit. Preauthorized transfers through ACH or EFT; automatic transfers for overdraft protection; telephone, fax, and computer transactions to transfer funds to another account at the same institution; transfers between a parent’s account and a child’s account; and withdrawals initiated by telephone where the proceeds are paid to third parties.

Andy, I don't know if this will answer your question or not, but you might want to take a look at Section 204.133 of Reg D entitled "Multiple savings deposits treated as a transaction account."

Andy,

I think that this is related to the fact there use to be a distinction between MMDA and savings accounts when this Q and A was originally written. I can’t remember when they started to allow 6 such transaction on “savings” accounts, but it use to be 3 on “savings” accounts and 6 on “MMDA” accounts a few years back. I just think this is one Q and A that got past them.

April 24, 1991 was the date on which savings accounts were moved to the MMDA standard of 6 limited transactions. If you are a glutton for punishment the Federal Register discussion of the change may be found at 56 Fed. Reg. 15493 et seq. (April 17, 1991).

Your library is better than mine or you took the time to research it. I do have one Dallas FRB paper that predates the 3-94 Q&A and it references MMDAs as they are now.

If there is no bona fide explanation, is everyone considering an ACH as 3 or 6?

Would the ACH debit for a check order be considered one of the 6 limited preauthorized debits? If so, would you charge the customer the excess transaction fee for the check order debit? Would you also send the customer a letter informing them they had exceeded the allowable limit?

I've been out of ops for a while, but I believe the ACH debit would be posted to the checking account number on the order, so the savings debit limit wouldn't be an issue. Maybe your check vendor operates differently.

Right or wrong, we treat this charge to the account similar to any other service charge imposed by the bank.

If the savings account we're talking about is an MMDA, it's common for ACH charges for check orders to post. And we, like many others, consider that ACH as a two-party (non counted) transfer.