(a) Consumer Liability (section 1005.7(b)(1)). (Tell us AT ONCE
if you believe your [card] [code] has been lost or stolen, or if you
believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best
way of keeping your possible losses down. You could lose all the money
in your account (plus your maximum overdraft line of credit). If you
tell us within 2 business days after you learn of the loss or theft
of your [card] [code], you can lose no more than $50 if someone used
your [card][code] without your permission.)
If you do NOT tell us within 2 business days after you
learn of the loss or theft of your [card] [code], and we can prove
we could have stopped someone from using your [card] [code] without
your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not
make, including those made by card, code or other means, tell us at
once. If you do not tell us within 60 days after the statement was
mailed to you, you may not get back any money you lost after the 60
days if we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason (such as a
long trip or a hospital stay) kept you from telling us, we will extend
the time periods.
6-5349.1
(b) Contact
in event of unauthorized transfer (section 1005.7(b)(2)). If
you believe your [card] [code] has been lost or stolen, call:
[Telephone number]
or write:
[Name of person or office to be notified]
[Address].
You should also
call the number or write to the address listed above if you believe
a transfer has been made using the information from your check without
your permission.
(c) Business days (section 1005.7(b)(3)). For purposes of these
disclosures, our business days are (Monday through Friday) (Monday
through Saturday) (any day including Saturdays and Sundays). Holidays
are (not) included.
6-5349.2
(d) Transfer
types and limitations (section 1005.7(b)(4)).
(1) Account access. You may use your [card][code] to:
(i) Withdraw cash from
your [checking] [or] [savings] account.
(ii) Make deposits to your [checking]
[or] [savings] account.
(iii) Transfer funds between your checking
and savings accounts whenever you request.
(iv) Pay for purchases at places that
have agreed to accept the [card] [code].
(v) Pay bills directly [by telephone]
from your [checking] [or] [savings] account in the amounts and on
the days you request. Some of these services may not be available
at all terminals.
(2) Electronic
check conversion. You may authorize a merchant or other payee
to make a one-time electronic payment from your checking account using
information from your check to:
(i) Pay for purchases.
(ii) Pay bills.
(3) Limitations on frequency of transfers.
(i) You
may make only [insert number, e.g., 3] cash withdrawals from our terminals
each [insert time period, e.g., week].
(ii) You can use your telephone bill-payment
service to pay [insert number] bills each [insert time period] [telephone
call].
(iii) You
can use our point-of-sale transfer service for [insert number] transactions
each [insert time period].
(iv) For security reasons, there are
limits on the number of transfers you can make using our [terminals]
[telephone bill-payment service] [point-of-sale transfer service].
(4) Limitations on dollar amounts of transfers.
(i) You may withdraw up to [insert dollar
amount] from our terminals each [insert time period] time you use
the [card] [code].
(ii) You may buy up to [insert dollar amount] worth of goods or services
each [insert time period] time you use the [card] [code] in our point-of-sale
transfer service.
6-5349.3
(e) Fees (section 1005.7(b)(5)).
(1) Per transfer
charge. We will charge you [insert dollar amount] for each transfer
you make using our [automated teller machines] [telephone bill-payment
service] [point-of-sale transfer service].
(2) Fixed charge. We will charge you [insert dollar amount] each [insert time period]
for our [automated teller machine service] [telephone bill-payment
service] [point-of-sale transfer service].
(3) Average or
minimum balance charge. We will only charge you for using our
[automated teller machines] [telephone bill-payment service] [point-of-sale
transfer service] if the [average] [minimum] balance in your [checking
account] [savings account] [accounts] falls below [insert dollar amount].
If it does, we will charge you [insert dollar amount] each [transfer]
[insert time period].
(f) Confidentiality (section 1005.7(b)(9)). We will disclose information to third parties about your account
or the transfers you make:
(i) Where it is necessary for completing
transfers, or
(ii)
In order to verify the existence and condition of your account for
a third party, such as a credit bureau or merchant, or
(iii) In order to comply with
government agency or court orders, or
(iv) If you give us your written permission.
6-5349.4
(g) Documentation (section
1005.7(b)(6)).
(1) Terminal
transfers. You can get a receipt at the time you make any transfer
to or from your account using one of our [automated teller machines]
[or] [point-of-sale terminals].
(2) Preauthorized
credits. If you have arranged to have direct deposits made to
your account at least once every 60 days from the same person or company,
(we will let you know if the deposit is [not] made.) [the person or
company making the deposit will tell you every time they send us the
money] [you can call us at (insert telephone number) to find out whether
or not the deposit has been made].
(3) Periodic
statements. You will get a [monthly] [quarterly] account statement
(unless there are no transfers in a particular month. In any case
you will get the statement at least quarterly).
(4) Passbook
account where the only possible electronic fund transfers are preauthorized
credits. If you bring your passbook to us, we will record any
electronic deposits that were made to your account since the last
time you brought in your passbook.
6-5349.5
(h) Preauthorized payments (section 1005.7(b)
(6), (7) and (8); section 1005.10(d)).
(1) Right to
stop payment and procedure for doing so. If you have told us
in advance to make regular payments out of your account,
you can stop any of these payments. Here’s how:
Call us at [insert telephone number],
or write us at [insert address], in time for us to receive your request
3 business days or more before the payment is scheduled to be made.
If you call, we may also require you to put your request in writing
and get it to us within 14 days after you call. (We will charge you
[insert amount] for each stop-payment order you give.)
(2) Notice of varying amounts. If these regular payments may vary
in amount, [we] [the person you are going to pay] will tell you, 10
days before each payment, when it will be made and how much it will
be. (You may choose instead to get this notice only when the payment
would differ by more than a certain amount from the previous payment,
or when the amount would fall outside certain limits that you set.)
(3) Liability for failure to stop payment of preauthorized
transfer. If you order us to stop one of these payments 3 business
days or more before the transfer is scheduled, and we do not do so,
we will be liable for your losses or damages.
6-5349.6
(i) Financial institution’s liability (section
1005.7(b)(8)). If we do not complete a transfer to or from your
account on time or in the correct amount according to our agreement
with you, we will be liable for your losses or damages. However, there
are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do
not have enough money in your account to make the transfer.
(2) If the transfer would
go over the credit limit on your overdraft line.
(3) If the automated teller machine where
you are making the transfer does not have enough cash.
(4) If the [terminal] [system]
was not working properly and you knew about the breakdown when you
started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent
the transfer, despite reasonable precautions that we have taken.
(6) There may be other
exceptions stated in our agreement with you.
(j) ATM fees (section 1005.7(b)(11)). When you use an ATM not owned by us, you may be charged a fee by
the ATM operator [or any network used] (and you may be charged a fee
for a balance inquiry even if you do not complete a fund transfer).
