Based on the 2/26/10 ABA analysis of this question, it appears that their opinion is that we can begin to Opt-in customers early as long as it is very clear that the service and choice will not be effective until the designated dates. "... the Supplementary Information states that if a notice is sent early and the customer responds by declining the service, the Federal Reserve Board staff would ―expect a bank to honor that choice not to opt-in. While we do not believe such a gratuitous statement that was not actually incorporated into the regulation or commentary requires such a customer response to be immediately implemented before the regulatory deadlines and requirements in the rule, it may open the door to litigation risk". "Banks that choose to send notices before they are operationally ready to permit customers to opt out should state clearly in the notice and consent form (and the written confirmation), the date when the choice will be effective."
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CRCM