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I did not consent or agree to an overdraft fee. The bank paid the one-time debit card transaction anyway. Can the bank do this?

Yes. The bank may pay the one-time debit card transaction without your permission through its overdraft service. The bank may not assess a fee against your account for doing so if you (or another joint account holder) did not previously agree to participate in the bank's overdraft service, also known as opt-in.

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 should not be construed as legal advice or a legal opinion of the OCC.

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