We do not believe that disclosing a slightly lower limit on the dollar amount of electronic fund transfers would violate the Electronic Fund Transfer Act (EFTA) disclosure requirements. Regulation E requires you to disclose “any limitations on the frequency and dollar amount of transfers.” 12 CFR 1005.7(b)(4). Neither the regulation nor the official staff commentary address the use of slightly higher transfer limit than what is disclosed to customers. However, we don’t anticipate any problems with giving customers a slightly higher limit than the disclosed limit, particularly because the higher limit covers any ATM or other fees that might eat away at a customer’s ability to withdraw the full daily limit. And because the buffer is so small, we don’t see it significantly increasing the risk of fraudulent activity on your accounts.
As required by Regulation E, we disclose a limit on electronic withdrawals from our deposit accounts. However, the actual dollar amount limit is slightly higher than the disclosed limit, because we include a small buffer against any fees that might be charged for an ATM withdrawal. Does this violate the Regulation E disclosure requirement?
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