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When is a bank required to obtain my consent or agreement before imposing overdraft fees on automated teller machine (ATM) and one-time debit card transactions?

Banks may not assess an overdraft fee on an ATM or one-time debit card transaction if you or another joint account holder did not affirmatively consent or agree to the bank paying overdrafts on such transactions. However, your consent is not required for the bank to pay overdrafts on other types of transactions, such as automatic bill payment and checks. Refer to your deposit account agreement for more information on your bank's overdraft policy.

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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