Should we allow our money market account holders to opt in/out? Currently we do not. We treat them like our business customers and exempt them. Is this alright?

1.Does you have a courtesy pay program for these customers to opt into or out of?
2. Can these customers overdraw the money market using an ATM/Debit card?
3. If the answer to question #2 is yes, are you charging them a fee?

Reg E covers all consumer accounts that can be accessed electronically, including money markets. If you are charging overdraft fees to the customers for one time ATM/Debit card transactions that create overdrafts, then you are in violation of the Reg. If you solicit opt ins for these accounts but do not offer an overdraft program and are simply trying to get customers to opt into a fee, then you run the risk of a UDAP citation.
As long as you are currently not charging a fee for one time ATM/Debit Card transactions that create overdrafts, there is no need to get an opt in.