Can the bank decline overdrafts if I don’t agree to the fee? (2024)

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Yes. The bank may refuse to permit overdrafts at an ATM unless you opt-in to the overdraft service.

The bank must provide accounts with the same terms, conditions and features to consumers who affirmatively consent or opt in to the overdraft protection feature and to consumers who do not opt in, with the exception of the bank's overdraft service for ATM and one-time debit card transactions.

If the bank pays other types of overdraft transactions, such as the payment of a check that overdraws your account, the bank cannot refuse to pay such transactions because you withheld your consent or agreement to a fee for the payment of ATM and one-time debit card transactions.

Last Reviewed:April 2021

Please note: The terms "bank" and "banks" used in these answers generally refer to national banks, federal savings associations, and federal branches or agencies of foreign banking organizations that are regulated by the Office of the Comptroller of the Currency (OCC). Find out if the OCC regulates your bank. Information provided on HelpWithMyBank.gov should not be construed as legal advice or a legal opinion of the OCC.

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Can the bank decline overdrafts if I don’t agree to the fee? (2024)
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