ODP & Reg B

Could branch office inconsistencies in how OD privilege is offered create Reg B or Fair Lending problems? The issue is simply that some branches push the product more than others so the number of customers with the plan varies widely between markets....

The regulators address this in the 2005 ODP guidance document:

Equal Credit Opportunity Act

Under the Equal Credit Opportunity Act (ECOA) and Regulation B, creditors are prohibited from discriminating against an applicant on a prohibited basis in any aspect of a credit transaction. This prohibition applies to overdraft protection programs. Thus, steering or targeting certain consumers on a prohibited basis for overdraft protection programs while offering other consumers overdraft lines of credit or other more favorable credit products or overdraft services, will raise concerns under the ECOA.