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#2276203 - 09/30/22 04:00 PM SCRA: Overdraft LOC advances *during active duty*
RegTalk Offline
Member
Joined: Dec 2020
Posts: 65
I'm not seeing this topic anywhere so if I have overlooked it, let me know. We don't get many military clients but need P&P in place if the situation comes up.

Overdraft LOCs, obtained prior to active duty, no prior balance: Goes on duty, has an advance. Does SCRA apply?

Our bank applies the 6% cap on their previously opened credit cards regardless if the purchase was made after they went on active duty. But we do not specifically address OD LOCs. As I create/update our P&P I want to be sure its done accordingly. Thank you!

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#2276219 - 09/30/22 05:57 PM Re: SCRA: Overdraft LOC advances *during active duty* RegTalk
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Advances made on a line of credit after entering active duty are not subject to the rate restrictions.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2276224 - 09/30/22 06:59 PM Re: SCRA: Overdraft LOC advances *during active duty* RegTalk
RegTalk Offline
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Joined: Dec 2020
Posts: 65
If we choose to apply the rate restriction for ease of billing, would there be any issue with that?

Thank you for your response, Dan.

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#2276231 - 09/30/22 07:55 PM Re: SCRA: Overdraft LOC advances *during active duty* RegTalk
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
No. A lot of FIs do that due to software limitations.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2276237 - 09/30/22 08:48 PM Re: SCRA: Overdraft LOC advances *during active duty* RegTalk
RegTalk Offline
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Joined: Dec 2020
Posts: 65
Great- thank you for the added clarity, Dan.

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