I’m not aware of any requirement to have this disclosure. And I agree that these could be seen as promotional if you aren’t careful. If you continue to use the notice, make sure it includes information on other overdraft options, ways they can opt-out of your bounce protection, the cost of the program, how items will be paid, who to contact if they need counseling, etc. so it is more of a “know before you use” disclosure/ pre-counseling tool rather than promotional material. Take a look at the 2005 interagency guidance and the FDIC’s 2010 guidance on overdraft programs. Also, since Ken is the one who provided training, I recommend contacting him to clarify his thoughts.
