On accounts that have no overdraft program associated with it, can an overdraft fee be charged on an account when a POS transaction settles (can't return it) and there are insufficient funds in the account to cover the transaction?

Never mind...found what I was looking for...

Assume an institution does not provide an opt-in notice, but authorizes an ATM or one-time debit card transaction on the reasonable belief that the consumer has sufficient funds in the account to cover the transaction. If, at settlement, the consumer has insufficient funds in the account (for example, due to intervening transactions that post to the consumer's account), the institution is not permitted to assess an overdraft fee or charge for paying that transaction.