You can't force a customer to accept e-notices, but the fact the you offer them will be a positive when an examiner is looking at this stuff. How much of a plus, I can't say.

Yes, we struggling too with the same issue. We are knocking around the idea that of those customers that have haven’t signed-up for text notification, maybe we could just manually call them. But I wasn't sure if the Telephone Consumer Protection Act precludes that avenue. My reading is that TCPA only covers auto-dialing and prerecorded messages, exempting manually dialed calls that do not contain a pre-recorded message and calls that are informational and not for an advertising purpose. This would also seem to mean that a manual call to a residential telephone number on the national do-not-call registry would also be exempt.

calling a customer to tell them they are OD and will have a fee assessed if they don't make a deposit would not be a violation of the TCPA. you aren't soliciting them or advertising, you are telling them come put money in the bank or they will be worse off.

but really, are you staffed for this level of volume you may undertake? and worse, what happens if you can't get to all of them? or mistakenly miss one?

i see nothing of good coming from this effort

Happy, thanks for the confirmation. Yes making phone calls seems to be an approach fraught with problems too?

Does anyone know the date this occurred? I want to make sure I am reviewing the version where this was first incorporated.

It looks like they updated section VII of the FDIC Consumer Compliance Exam Manual in June 2022. The CFPB's updated exam manual is listed in the resources endnotes for section VII.

From the FDIC's website, it looks like the last UDAAP update took place during June of 2022, though the current version of the full Consumer Compliance Exam Manual is now from August 30, 2022.

I noticed that as well, Adam. Thank you both!

Just curious if any banks are willing to share their actual FDIC examination experiences on this topic.

Has any bank pushed back? If so, where and how, and how far did that get you?

I was going through regulatory promulgations over the past few years, and came across FIL-03-2021, "FDIC Adopts Rule on the Role of Supervisory Guidance".

I recall this being one of the most significant efforts of regulatory relief under the previous Chairman, memorialized on an interagency basis going through the Federal Register rulemaking process.

Seems like an absolute enforcement of FIL-40-2022, "Supervisory Guidance on Multiple Re-Presentment NSF Fees," kind of flies in the face of this.

Sheldon - within a number of different threads on this same topic quite a few have shared their experiences...

look in the private cooler

Did not know there was a private cooler!

If you work for a bank and registered using your bank email address, send a note to the admins to add you to it. I don't think addressing regulatory issues of this nature in an open forum is proper, hence why it is the private cooler

I will do that.

I also think addressing things of this nature in public is okay.

The FDIC (and for that matter, any bank regulatory agency), is not some omnipresent boogieman out to get anyone who mentions discourse to their current policy in a public forum.

I don't have an issue addressing general topics, but when you are asking for specifics about what a bank has or has not done, that is no longer general. and, not knowing who reads these forums, or if you're even a banker...or perhaps a plaintiff attorney looking for info you can use to file a class action lawsuit against banks...or a regulator with a chip on his shoulder looking to make a name for themselves...or something else...well, that's why have the private banker forums, to keep prying eyes away.

When I first joined BankersOnline (Years ago sadly could not get my old username back) I thought this was way to much effort to be so secretive and shared your views more Sheldon that the regulators are not boogiemen and it should not be a big deal to post whatever online so long as it is not protected.

After years of being in banking Compliance/BSA as well as dating a lawyer for the last 6 years I have changed my tune for sure. HappyGilmore I really like the way you have worded the last post. It could take one person with time and a single focus to use these awesome forums for something terrible.

Any decent person would read these forums and realize it is normal people trying to do a job as best they can while having the support of other people in the same position.

We have added Private Forum access to your profile, Sheldon.

Has anyone drafted a letter for the refunds to customers? Wondering how people are saying this without looking like we were doing something illegal and that we are going to charge again going forward. Looking for any samples anyone has.
THanks

You're more likely to get transparent responses in the private cooler for this type of question.

How do I get in a private cooler?

Click on Forums and then Instructions for Accessing PRIVATE Forums and then follow the instructions.

"During a review of your checking account at bank it was determined that the bank had previously charged duplicate fees for represented item(s) in the amount of $0.00, on date your account #XXXXX was credited for the charges that were made to your account in error.

Please contact bank compliance department with any questions."

Paint me stupid but I will put what I used right here. Short Simple Sweet One and Done. Waiting patiently for the phone calls.....

...from the class action attorneys...