Because we are switching all of our savings accounts to new product types (without changing the account numbers), we are sending change-in-terms notices. Do we need to include our fee schedule with the account disclosures if none of the fees are changing?

No, Regulation DD does not require you to mail a new fee schedule, provided that you alert your customers to the changed account terms. Based on your description, you are not switching customers out of their existing accounts, but rather are modifying some of the account terms. When changing account terms, you must provide notice to customers of the new terms either by noting all of the changes or by providing an entire set of revised account disclosures. If you choose to note the changes in a separate disclosure, it is not necessary to send out a full set of new disclosures.

For resources related to our guidance, please see:

  • Official Interpretations, Regulation DD, 12 CFR 1030, Paragraph 5(a)(1), Comment 1 (“Institutions may provide a change-in-term notice on or with a periodic statement or in another mailing. If an institution provides notice through revised account disclosures, the changed term must be highlighted in some manner. For example, institutions may note that a particular fee has been changed (also specifying the new amount) or use an accompanying letter that refers to the changed term.”)