One recent court case held that disclosures on a website were not conspicuous because it was not set apart from other text sufficiently and other distractions on the page drew away the readers attention.
Fair lending violations are getting a lot of attention from examiners and from the Department of Justice. Violations can be very expensive and the damage to the reputation of the financial institution can be devastating.
It is well documented that it is easier to retain customers today than replace them tomorrow. What reactions do you get when you notify customers of an increased fee? These reactions are a barometer of customer satisfaction.