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We are updating our consumer and business deposit account agreements. Do we have to mail our customers the entire new account agreements, or would it be permissible to announce the changes in our periodic statements and note that the new agreements are available on our website? – IBA Compliance Connection

We are updating our consumer and business deposit account agreements. Do we have to mail our customers the entire new account agreements, or would it be permissible to announce the changes in our periodic statements and note that the new agreements are available on our website?

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You may provide notice of the new terms in your periodic statements, without including the entire new account agreement. 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 with the changes highlighted. If you choose to note the changes rather than send the entire account agreement, you may do so on your periodic statements or in a separate mailing.

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.”)