If, at account opening, a CSR gives the customer an Overdraft Protection disclosure and discusses the contents of the disclosure, is that considered promoting the product? We do not promote or advertise our AOP in any other way other than at account opening and do not want to have to disclose the additional AOP info on the statements.

As the purpose of the rule is to prevent your customer from knowing the product exists, I would have to say "Yes, that is promoting the product."

Yes, we inform the customer that the service exists at account opening because, in most cases, after 90 days AOP is an automatic feature. It seems that the execption that refers to person to person contact (account opening) and the exception regarding disclosures required to be given by law or regulation would eliminate the requirement to disclose the amounts of AOP and NSF charges on the customr's statements.

Unfortunately that is in how the regulation was written. The fact that you have a brochure makes it a “promoted product”. We did away with ours to avoid the additional disclosure. We also automatically make it available after 90 days but it's all behind the scene.

Is there a difference between a brochure and a disclosure?

I think the key is whether the disclosure is one that is required by "federal or other applicable law." If every piece of information in that document is something that your state law requires you to disclose (there is no federal disclosure requirement covering Courtesy Overdraft Plans), and the overdraft limit is not mentioned at all in it, you might be OK. But if it includes a statement of the overdraft limit assigned to the customer, all bets are off, and you've got what Regulation DD considers an advertisement.