We believe that notice is required of an extended ATM deposit cutoff time, assuming that the change in the cutoff time will result in expedited availability of deposited funds.

Regulation CC requires notification to customers of a change that expedites the availability of funds no later than thirty days after implementation of the change. If extending the ATM deposit cutoff time from 2:00 to 6:00 p.m. results in funds being available to customers one day sooner than under the previous cutoff time, notice within thirty days is required.

Regulation DD and Regulation E also require disclosures when changes are made that impact deposit accounts. However, no disclosures are required for changes that do not adversely affect customers or limit their electronic fund transfers.

Further, we recommend checking the notice provisions of your account agreements for additional notice requirements.

For resources related to our guidance, please see:

• Regulation CC, 12 CFR 229.18(e) (“A bank shall send a notice to holders of consumer accounts at least 30 days before implementing a change to the bank’s availability policy regarding such accounts, except that a change that expedites the availability of funds may be disclosed not later than 30 days after implementation.”)

• Regulation DD, 12 CFR 1030.5(a) (“A depository institution shall give advance notice to affected consumers of any change in a term required to be disclosed under §1030.4(b) of this part if the change may reduce the annual percentage yield or adversely affect the consumer. The notice shall include the effective date of the change. The notice shall be mailed or delivered at least 30 calendar days before the effective date of the change.”)

• Regulation E, 12 CFR 1005.8(a)(1) (“A financial institution shall mail or deliver a written notice to the consumer, at least 21 days before the effective date, of any change in a term or condition required to be disclosed under § 1005.7(b) of this part if the change would result in: . . . (iv) Stricter limitations on the frequency or dollar amount of transfers.”)