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Not Opted in, but Overdrafted

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We have a client who has not opted in to our overdraft program. His current balance is $100. He has an outstanding check card authorization of $90, making his available balance $10. A check for $25 comes in for payment. Can we or can we not decision that check to return and charge?

Whether the person opts-in to the one time debit/ATM OD should be of no consideration whether you pay the check or not. In fact, if you do allow this to enter your decision, it is an illegal discrimination issue [refer to section 204.17(b)(2)(i)]. Since this is a check, you can pay or NSF it and still charge the customer.

First published on 10/11/10

First published on 10/11/2010

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