Strunk

Consumers Continue Wanting Access to ODP

October 18, 2023/in Banks, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives/by Joel Lawrence

Consumers desire Overdraft Privilege as a financial product due to the wide array of choices available to them. In a Morning Consult survey, it was found that 9 out of 10 consumers consider their bank’s overdraft privilege valuable. So, what makes this product so valuable to consumers?

Consumer’s payment will clear instead of being returned, which can be less expensive. Sometimes consumers make mistakes when paying bills and accidentally overdraw their account. Because the consumer has overdraft privilege, the bills are paid instead of returned and it prevents late fees, NSF fees, and re-presentment fees. Overdraft privilege provides relief to consumers by ensuring their bills are paid, even if they miscalculated their bank account balance or forgot about a pending payment that hasn’t cleared yet. This feature significantly reduces their worries and potential financial stress.
Consumers will have funds available if they need them. Although it is generally not advisable, there may be situations where overdrawing your bank account is necessary. For example, let’s say it’s the weekend and the banks are closed, and you have an emergency that requires a visit to the hospital. However, the emergency room won’t provide treatment until you pay a $100 co-payment. Unfortunately, you only have $10 in your checking account. Fortunately, you have overdraft privilege, which means you can make the payment even if it incurs a fee.
Not being embarrassed because of returned payments. When you use overdraft privilege, the recipient of your payment won’t know that your bank account has insufficient funds. Instead, they will see that your payment has been credited as expected.

Despite Congress trying to modify overdraft services, we recognize the importance and necessity for consumers to have access to such programs. Overdraft services provide a significant source of liquidity for many Americans. By having access to overdraft privileges, consumers can be assured that they can make timely payments for their rent or utility bills, thus preventing any late fees, utility shut-offs, or even eviction

Use ODP Manager to Inform Customers about Reg E Opt-In

September 20, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives, Tips/by Melissa Newbury

On consumer accounts, ATM and everyday debit card transactions cannot be included in Overdraft Privilege unless the customer has opted in. Customers can opt in for Reg E at account opening but they may also opt in later. The four options to opt in for the ATM and everyday debit card coverage are: in person at a branch, over the phone, by mail, or electronically.

The Consent Form for Overdraft Services (A-9 form) informs customers about what they need to know about overdrafts and overdraft fees. It also reiterates a customer’s options for opting in and provides them the form to submit by mail. ODP Manager allows institutions to provide an account’s Regulation E Opt-in Status in the file that is imported daily. This allows the hosted software to send different letter templates to customers who have opted in or not opted in for the ATM and everyday debit card coverage.

Strunk’s standard letter templates for the Welcome and Reinstatement letters include the A-9 form for customers who have not already opted in. The Reg E Opt-in Followup Letter template is also provided so that customers with OD limits that have not opted in receive information about ATM and everyday debit card coverage opt-in at least once a year. If a customer has already opted in, their letters highlight that they already have the ATM and everyday debit card coverage. By allowing customers the Reg E opt-in information when overdraft limits are assigned, when overdraft limits are reinstated, or annually, ODP Manager may allow customers to have more opportunities to opt in for Reg E.

ODP Manager can also allow customers to submit their Reg E Opt-in election electronically. Strunk would create an online form that mirrors an institution’s A-9 form. This form would then be linked directly from an institution’s website. Email confirmations are generated when forms are submitted. The submissions are tracked in ODP Manager so that users can generate a list of accounts that need an updated Reg E election.

If you have any questions about the Reg E Opt-in form options in hosted ODP Manager, please contact Strunk Support at support@strunkaccess.com to find out more.

Viewing and Exporting Summary Information in ODP Manager

August 16, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives/by Kristi Daly

Strunk’s hosted ODP Manager software utilizes the information contained in the daily extract file to assist users in the daily tasks of generating Collection and Custom letters and reviewing customer accounts for Overdraft Privilege limit assignment or removal. The software also includes a standard suite of Management Reports that can be used daily, monthly, or quarterly to monitor and review the data important to running a successful Overdraft Privilege program.

There are two important metrics to focus on related to ODP program performance: percent of accounts with an ODP limit and percent of accounts opted in for Regulation E ATM and everyday debit card coverage. When logging in to the hosted software, these metrics show on the Dashboard. There is a comparison between the institution’s benchmark values and other Strunk clients by the 25^th, 50^th, and 75^TH percentiles. The trend for the Percent with Limit and the Percent Opt In is also updated monthly. Both the Dashboard benchmarks and the trend information can be exported as a PDF. More detailed summaries by branch and by product can be reviewed on the Utilization Analysis and the Opt-In Impact management reports.

Some of the management reports include account-level detail: Overdraft Aging, New Accounts, ODP Status Tracking, Fresh Start Tracking, and ODP Heavy Users. When ODP Manager shows a list of accounts in reports or in Account Inquiry, users have the option of using column filters or groups to limit displayed results to specified criteria. These reports can be exported to PDF in Reports or to Excel in Reports and Account Inquiry. The option to filter allows users to leverage the data included in the extract file to monitor a smaller group of accounts – even if there is not an existing report.

In addition to searching results at the account level, ODP Manager also allows users to search events records. Import events such as accounts becoming overdrawn or in good standing, OD Limits assigned or removed, or Reg E opt ins or opt outs can be searched using filter criteria or date ranges. Filtering by event details or date ranges can also be done for user events such as letters generated, comments, or reminders.

If you have any questions about options to view and export your data in hosted ODP Manager, please contact Strunk Support at support@strunkaccess.com to find out more.

Defining Continuous Overdraft Fees

August 9, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives/by Joel Lawrence

What exactly are continuous overdraft fees, and how could they potentially impact your Overdraft Privilege Program? It is important to be aware that certain financial institutions apply continuous overdraft fees, also known as daily overdraft fees. These fees are charged on a periodic or daily basis for as long as the account remains overdrawn. Currently, the financial service industry is actively discussing the problem of continuous overdraft fees. This is mainly due to the numerous lawsuits filed against financial institutions regarding their predatory overdraft practices.

Regulators have found that Overdraft programs which charge a fixed or periodic fee for not resolving a previous overdrawn balance can be unfair and deceptive, according to Section 5 of the FTC Act. This is especially true when the financial institution doesn’t disclose the situations in which customers could incur these fees accurately. These practices make it harder for consumers to avoid the fees by bringing their account balance back to positive if they’re facing cash flow issues.

If a financial institution intends to charge continuous overdraft fees, it must first review the information they provide to its consumers about overdraft services. According to the CFPB’s guidance, if a financial institution’s disclosures state that overdraft fees may be charged “after” a specific number of days, the financial institution should consider whether their system guarantees that such fees will not be charged on or before the indicated day. Therefore, testing transactions is crucial to ensure that the fees charged are clear and understandable to the average consumer. Additionally, the CFPB guidance advises financial institutions to consider how they handle continuous overdraft situations that occur over weekends or holiday periods where the final day to cure an overdraft falls on a non-business day. The guidance explains that if a financial institution assesses a fee based on calendar days but only allows overdrafts to be cured on business days, it could be problematic if the financial institution’s disclosures state that consumers have a certain number of days to cure an overdraft before a fee is assessed.

What happens when financial institutions charge continuous overdraft fees? This practice has faced regulatory scrutiny and lawsuits against financial institutions. Strunk acknowledges the potential risks involved in imposing such fees, and it’s crucial for all institutions to be aware of these issues. If your financial institution is still charging a continuous overdraft fee, it may be beneficial to contact Strunk at info@strunkaccess.com for assistance with our overdraft privilege program.

Permit Customers to Make Regulation E Elections Online

July 12, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives, Tips/by Melissa Newbury

ODP Manager custom letter templates include the Consent Form for Overdraft Services for customers who have not already opted in for the Reg E ATM and everyday debit card coverage. These letter templates simplify the process for customers who choose to opt in by mail, but ODP Manager can also allow your customers to opt in for Regulation E electronically.

The hosted software can be set up to include a Reg E opt in form and Reg E opt out form that matches the content in your ODP Manager letter templates. The links are then added to the institution website to direct customers to the Reg E opt in and opt out forms. Email confirmations are generated when customers visit the website and complete the form to opt in or opt out of the ATM / everyday debit card coverage. The request is tracked in ODP Manager and can be emailed to a specified email address at your financial institution.

Once a customer request has been made, ODP Manager users perform the following steps: 1.) Review the new responses in ODP Manager, 2.) Export the list of accounts that need an update to the account’s Reg E election, and 3.) Perform the appropriate maintenance in the core system – the user will update the account record in the core to opt in or opt out the account as requested by the customer. The ODP Manager software displays by default any new responses that have not been reviewed and downloaded. Requests that have already been processed are also retained within ODP Manager to allow review of prior responses.

If you would like to implement the electronic consent to opt in for Overdraft Privilege coverage for ATM and everyday debit card transactions in ODP Manager, please contact Strunk Support at support@strunkaccess.com with any questions or to find out more.

How Does a Formal Overdraft Program Benefit Consumers

July 5, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Perspectives, Sales/by Mike Sobba

Formal overdraft programs are prevalent in community banks and consumers have benefited from them for over 30 years. Many articles have been written about the pitfalls and risks that consumers face from overdrafts and some of them are true. In reality, providing a consistent methodology to paying items that create an overdraft benefit both banks and their customers.

Consumers create overdrafts…banks do not. Banks are faced with decisions each morning to either pay a customer’s non-sufficient fund item or return it to the merchant. They also have to decide whether or not to charge a fee or waive the fee. Thirty years ago when formal overdraft programs started, the NSF or Overdraft fee was $15-$20 nationwide. The idea was to charge a fee to deter consumers from writing a check that would overdraw their account. This was a time when debit cards were not used much and checks and ACH items dominated the payments system.

Beginning in 2010, debit card transactions that would overdraw an account could not be authorized at point of sale unless the consumer “opted in” for this service. This was a great idea that came from the Federal Reserve. So, how do formal overdraft programs benefit consumers?

• Allows consumers to decide how they want their bank account handled when it comes to overdrafts
• Reduces returned check charges from merchants
• Allows consumers to take home the groceries or prescription drugs when otherwise their debit card transaction would be denied
• Keeps a bank from discriminating on daily pay and don’t pay decisions
• Keeps a bank for discriminating on waives and refunds

Contact Strunk at 800.728.3116 or email at info@strunkaccess.com to learn more about setting up a formal overdraft process at your bank.

Automatically Update ODP Manager Information

June 14, 2023/in Banks, Credit Unions, Financial Services, Markets, Overdraft Privilege, Tips/by Melissa Newbury

The information in Strunk’s hosted ODP Manager software is updated daily when an extract file from the core processor is uploaded. This file can be committed each day by an ODP Manager user prior to generating letters and reviewing reports. Strunk also offers an Automatic Upload option for institutions that meet the criteria below.

If an institution is able to create the updated core extract file automatically to a specified location, the Automatic Upload process may be possible. There is a one-time setup process – the first step is to install the upload client. The second step is updating the configuration details with user and file variables specific to the institution. The final step is to create a scheduled task. The scheduled task will start the import overnight after the extract file update and before users start their workday.

Even if the daily import is usually performed by the Automatic Upload process, your users will still be able to manually import a file if the scheduled import does not complete as expected. Each day when the import process runs, specified individuals or a group email address will receive an email detailing whether the import completed successfully.

Please contact Strunk Support at support@strunkaccess.com with any questions or to find out more details about this import option.

Strunk Overdraft Program Bulletin

May 24, 2023/in Banks, Compliance, Credit Unions, Financial Services, Markets, Overdraft Privilege, Tips/by Dan Roderick

On April 23, 2023, the OCC issued guidance on debit card transactions that are authorized positive, settled negative (APSN) and on re-presented NSF items. On the same date, the FDIC also issued guidance on APSN. Previously, on August 18, 2022, the FDIC had issued guidance on re-presented NSF items. The OCC and FDIC indicate that institutions following either of these practices risk violating Section 5 of the Federal Trade Commission Act which prohibits unfair or deceptive acts or practices and Section 1036 of the Dodd Frank Wall Street Reform and Consumer Financial Protection Act of 2010 which prohibits unfair, deceptive, or abusive acts or practices. The purpose of this bulletin is to summarize that guidance.

OCC Guidance

In terms of guidance related to APSN, the OCC has found that misleading disclosures contribute to findings that the APSN practice was unfair for purposes of Section 5. However, even when disclosures describe the circumstances under which consumers may incur overdraft fees, the OCC has found that overdraft fees charged for APSN transactions are unfair for purposes of Section 5 because consumers are still unlikely to be able to reasonably avoid injury.

With respect to re-presentment of NSF items, the OCC has found that disclosures may be deceptive, for purposes of Section 5, if they do not clearly explain that multiple or additional fees may result from multiple presentments of the same transaction. And again, even when disclosures explain that a single check or ACH transaction may result in more than one fee, a bank’s practice of assessing fees on each re-presentment may also be deemed to be unfair, for purposes of Section 5, if consumers cannot reasonably avoid the harm and the other factors for establishing unfairness under Section 5 are met (there is a representation, omission, act, or practice that is likely to mislead, the act would be deceptive from the perspective of a reasonable consumer, and the representation, omission, act, or practice is material). Their finding is that consumers typically have no control over when a returned ACH transaction or check will be presented again and lack knowledge of whether an intervening deposit will be sufficient to cover the transaction and related fees.

FDIC Guidance

The FDIC guidance is essentially the same as the OCC guidance, they just issued their guidance on re-presented items separately last August. In the April 23rd guidance on APSN the FDIC indicated that failure to take steps to avoid assessing overdraft related fees when transactions are authorized on positive balances but settle on negative balances results in ‘heightened risks” of violations of Section 1036 of the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010. An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition.

In their August 18, 2022, guidance they said violations of law occur when financial institutions charge multiple NSF fees for the re-presentment of unpaid transactions if disclosures do not fully or clearly describe the financial institution’s re-presentment practice, including not explaining that the same unpaid transaction might result in multiple NSF fees if an item was presented more than once. Practices involving the charging of multiple NSF fees arising from the same unpaid transaction results in heightened risks of violations of Section 5 of the Federal Trade Commission Act which prohibits unfair or deceptive acts or practices (UDAP). Therefore, if a financial institution assesses multiple NSF fees arising from the same transaction, but disclosures do not adequately advise customers of this practice, the misrepresentation and omission of this information from the institution’s disclosures is material and therefore deceptive. Also, a risk of unfairness may be present if multiple NSF fees are assessed for the same transaction in a short period of time without sufficient notice or opportunity for customers to bring their account to a positive balance to avoid the assessment of additional NSF fees. As a result, while revising disclosures may address the risk of deception, doing so may not fully address the unfairness risk.

In addition to the regulatory compliance risk, the FDIC also found that multiple NSF fee practices may result in heightened litigation risk. Numerous financial institutions, including some FDIC supervised institutions, have faced class action lawsuits alleging breach of contract and other claims because of the failure to adequately disclose re-presentment NSF fee practices.

If you would like more information on Strunk’s program, please contact us at info@strunkaccess.com or call 800-728-3116.

Accessing and Filtering ODP Manager Account Data

May 10, 2023/in Banks, Credit Unions, Financial Services, Markets, Overdraft Privilege/by Melissa Newbury

The hosted ODP Manager software is an effective tool for managing an institution’s overdraft program. In addition to the daily tasks, ODP Manager can help users view and filter the account information that is imported from the daily extract file. If there is a specific population of accounts with certain criteria that users would like to monitor, these filtering options may facilitate the process.

Depending on the specific area of interest, users may want to limit results to a smaller population of accounts. There are three main areas in ODP Manager which will allow users this flexibility: account-level Reports, Account Inquiry, and Custom Query.

Reports show a standardized list of accounts that meet certain standard criteria. Individual column filters can be applied to incorporate additional criteria and limit the results displayed. These filtered results can be viewed on screen or exported to PDF or Excel. If users enter the same filter criteria frequently, it may be more efficient to create a new query group specific to your institution. This will allow users to display only the desired results just by selecting the group in a dropdown.

If users need more flexibility in selecting the accounts or data fields included, Account Inquiry provides additional options to select from all accounts in ODP Manager. Three different column views and all available data columns mapped from the daily extract file allow users to access additional data that may not be visible in Strunk’s standard reports. The filtered results can be viewed in the browser or exported to Excel.

Custom Query is used when an institution has a specific need to specify not only the account criteria to be used for the report but also the data columns displayed. Each day, users will download an Excel file with the updated list of accounts.

Please contact Strunk Support at support@strunkaccess.com with any questions or to find out more details about using the advanced ODP Manager filters.

High Performing Banks Look Outside the Box

May 3, 2023/in Banks, Credit Unions, Financial Services, Markets, Overdraft Privilege, Sales/by Mike Sobba

As interest rates rise and the cost of doing business increases, bankers are challenged to figure out where we go from here. Many community banks face a huge loss in their bond portfolio due to the substantial increase in rates on US Treasury securities. Liquidity can be a problem as we have seen in some mid-sized banks. Community banks haven’t seen a run on deposits although there is pressure to compete for deposits from non-bank competitors.

Service charge and fee income has increased some since the 2020 pandemic but still are near historical lows. As banking regulators continue to scrutinize “junk” fees including overdraft fees, what alternatives does a bank have? Large banks have a multitude of ways to create service charge or fee income but smaller community banks aren’t so lucky. Banks with assets over $10B have to report NSF/OD income on their quarterly call report. Any bank with a concentration of income from this source is being criticized by the CFPB. Now community banks in some states are being asked the same question. More, not less regulation is coming.

What can you do? Strunk was the pioneer for the Overdraft Privilege program beginning in 1993 and it was the best fee income idea in the history of our industry. We have several other fee income programs that many financial institutions have implemented. High performing bankers are always thinking outside the box.

Contact Strunk at 800.728.3116 or email at info@strunkaccess.com to learn more about fee income programs offered by Strunk. You will be glad you did.