Please let me know if you think I'm reading the regulation correctly. Our customer wrote a credit card convenience check and deposited it into his checking account. The convenience check caused him to go over his limit and the check was declined. If I am reading 1026.529b)1(ii)-1.D. correctly, we are permitted to charge a declined access check fee to the credit card account. Also, I believe that the fee must be determined in accordance the safe harbors of 1026.52(b)(ii). Can you please tell me if you are reading the rule the same way or if I'm off base?

Also, since the deposit to the checking account was returned because the convenience check was not honored, we are permitted to charge the returned item fee we typically charge for any other type of returned item. Would you agree?

Appreciate your input on this!

Thoughts anyone? Am I off base?

bump

Found my answer. Thanks anyway.

You have to have disclosed the over limit fee in order to impose it.