We are switching to a new core processor, which will result in several changes to our debit card program. The daily ATM withdrawal limit will be raised, and the current limits for PIN- and signature-based point of sale transactions will be combined, without lowering the current limits. Do we have to provide advance notice for these changes? If not, do we have to provide any kind of notice?

No, we do not believe that these changes would require a change in terms notice. Regulation E requires change in terms notices when a change would result in “stricter limitations on the frequency or dollar amounts of transfers.” The changes you described would either increase or maintain your bank’s current limitations on the dollar amounts of ATM withdrawals and point of sale transactions. Consequently, Regulation E’s change in terms requirements are inapplicable.

However, we do recommend checking your account agreements; it is possible that these agreements require notification regarding these kinds of changes (although unlikely). Also, your bank may choose to provide notice of these changes voluntarily, as a business decision — for example, because higher ATM withdrawal limits could increase a customer’s potential losses if a debit card is compromised.

For resources related to our guidance, please see:

  • 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.”)