Occasional Overdraft Privilege Service SM ("OOPS")*
Always a Discretionary Service
It is the policy of City Bank ("the bank, we, us, or our") to comply with applicable laws and regulations, and to conduct business in accordance with applicable safety and soundness standards.
A non-sufficient funds (negative) balance may result from:
- The payment of checks, ATM withdrawals, electronic funds transfers, or other withdrawal requests;
- Payments authorized by you;
- The return of unpaid items deposited by you;
- The imposition of bank service charges; or
- The deposit of items, which according to the Bank's Funds Availability Policy, are treated as not yet "available" or finally paid.
We are not obligated to pay any item presented for payment if your account does not contain sufficient collected funds. Rather than automatically returning, unpaid, any non sufficient funds items that you may have, if your eligible account has been open for at least thirty (30) days and thereafter you maintain your account in good standing, which includes at least:
- Continuing to make deposits consistent with your past practices,
- You are not in default on any loan obligation to the bank,
- You bring your account to a positive balance (not overdrawn) at least once every thirty (30) days, and
- Your account is not the subject of any legal or administrative order or levy.
We may authorize and pay overdrafts for checks you write and transactions made using your checking account number. We will not authorize and pay overdrafts for ATM transactions or everyday(e.g. non-recurring) debit card transactions unless you have affirmatively given us your consent to do so. We will consider, without obligation on our part, approving your reasonable overdrafts.
This discretionary service will generally be limited to a $500 overdraft (negative) balance for Free Checking accounts, $700 overdraft (negative) balance for Free Checking with a recurring direct deposit, $700 overdraft (negative) balance for other eligible personal checking accounts and $1,000 overdraft (negative) balance for other eligible personal checking accounts with a recurring direct deposit (some restrictions do apply). Of course, any and all fees and charges1, including without limitation our return item fee/overdraft paid fees (as set forth in our fee schedules) will be included in this limit and will apply to any transaction that overdraws your account including, but not limited to, payments authorized by Checks, ACH/Electronic Items, City Bank and foreign ATMs/Debit Card/Check Card, Online banking and Telephone Banking Transactions.
We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. We will charge you the amount of any overdrafts plus our return item fee(s) and/or overdraft paid fee(s)1 of $33.00 that you owe us shall be due and payable upon demand. We will charge you for only six (6) OOPS/NSF's per day. A fee will not be assessed for any item(s) which causes the account to be overdrawn for less than $5 (negative balance of $5 or less) on any one business day. If there is an overdraft paid by us on an account with more than one (1) owner on the signature card, each owner, and agent if applicable, drawing/presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts plus our return item fee(s) and/or overdraft paid fee(s)1-OOPS.
We may use deposits you or others make to your account to pay overdrafts, fees and other amounts you owe us.
OOPS Denial Process
Some common reasons your OOPS may be denied are: if your account balance becomes negative in the first 30 days, if you have a negative record with Chexsystems, if the only deposit in your account is the initial deposit, and/or if you do not have regular payroll, social security, or similar direct deposits.
Savings Type Accounts, Money Market Accounts, Public Funds/ Charitable Organization Accounts and Student Minor Accounts, accounts with restrictive hold codes (garnishment, liens, etc.), dormant, returned mail, and certain trust accounts are not eligible. We may limit the number of accounts eligible for OOPS to one account per household and one account per taxpayer ID.
Eligible Transaction Types
Each transaction/item initiated for payment against your checking account(s) may be processed by us using your assigned OOPS limit, including without limitation: Checks, ACH, ATM, POS, Online Banking, Bill Payment, Telephone Banking Bill Payment and Mobile Banking Transaction; however, we will not include ATM and everyday debit card transactions within your assigned OOPS limit without first receiving your affirmative agreement to do so. Absent your affirmative agreement, ATM and everyday debit card transactions generally will not be paid if you do not have available funds.
A customer who does not affirmatively agree (opts-out) to the payment of ATM or everyday debit card transactions pursuant to OOPS agrees to not overdraw their account for ATM and everyday debit card transactions ($0 debit card overdraft limit). Note: The debit card opt-out consumer may continue to use available overdraft services for checks, ACH transactions, or other types of transactions. The bank is not obligated to honor any overdraft on your account if the overdraft, either alone or when aggregated with other overdrafts and related overdraft fees, exceeds your OOPS limit for checks and ACH transactions.
Here's how OOPS works if we pay your overdraft item: If you inadvertently write a check, make an ATM withdrawal or other payment or withdrawal request for more than the funds on deposit in your account, we may cover them, and save you time, money and inconvenience. Suppose that your account type permits a $500 limit. With OOPS, you may be covered for a check of $467.00 plus the $33.00 Overdraft Paid Fee-OOPS. Alternatively, you may be covered for a $100 ATM withdrawal, a check of $334.00 plus the $66 Overdraft Paid Fee-OOPS for two items.
You may wish to take advantage of City Bank's balance alert options. If you bank online or use our mobile banking services, you may establish a balance alert threshold to let you know when your balance is nearing YOUR alert threshold. Here's how it works: You set the threshold (say $100) by logging into your account online and setting up the balance alert program. The alert system is based on your ledger balance (not including any OOPS limit). The ledger balance is finalized once a day in the evenings after all items have been posted, including deposits for which you have received credit, wire and cash items, ACH payments, and debit card payments that have been submitted by the merchant processors for posting. If your ledger balance has fallen to your alert threshold, you will receive a text message (if you use the mobile banking program) or an email alert. You can then log on securely to your account for more information.
Optional Overdraft Protection Services
City Bank offers optional overdraft protection products/services that you may apply for. We offer sweep accounts, which can link your checking account to another account at City Bank or overdraft protection from a line of credit (subject to credit approval) to cover any transactions that would otherwise overdraft your account.
Removal of OOPS
OOPS may be removed from any account at any time without prior notice or cause. Some common reasons OOPS would be removed from an account are:
• The address on the account changes and City Bank is not notified.
• The account has excessive NSF items.
• The account has been overdrawn for thirty (30) or more consecutive days.
You may choose at any time to not participate in the bank's OOPS service, by notifying in writing or in person one of our customer service representatives or by phoning 1-800-687-2265, who will explain what this means, and the potential consequences for you. Furthermore, you may revoke your affirmative consent to have ATM and everyday debit card transactions considered for payment under your OOPS limit without removing other items from the limit.
You may choose at any time to not participate in City Bank’s OOPS service, by notifying in writing or in person one of our customer service representatives or by phoning 1-800-687-2265, who will explain what this means, and the potential consequences for you. Furthermore, you may revoke your affirmative consent to have ATM and everyday debit card transactions considered for payment under your OOPS limit without removing other items from the limit. The bank does not make available OOPS coverage for ATM or everyday debit card transactions for a customer who does not affirmatively consent to the payment of ATM or everyday debit card transactions pursuant to the bank’s overdraft service. A customer who does not affirmatively consent (opt-out) to the payment of ATM or everyday debit card transactions pursuant to OOPS consents to not overdraw their account for ATM and everyday debit card transactions ($0 debit card overdraft limit). Note: The debit card opt-out consumer may continue to use available overdraft services for checks, ACH transactions, and other types of transactions. The bank is not obligated to honor any overdraft on your account if the overdraft, either alone or when aggregated with other overdrafts and related overdraft charges1, exceeds your OOPS limit for checks and ACH transactions. If the opt out consumer breaches the account agreement by overdrawing the account with an ATM or everyday debit card transaction, and there is an inherent risk to the bank, then the debit card will be restricted. The debit card may be reactivated if the consumer consents to an automatic transfer from another account to cover overdrafts. If these alternatives are not possible, then the card may be reactivated if consumer voluntarily and knowingly elects to opt-in to the bank’s debit card overdraft service. The opt-in consumer consents to the accounts applicable overdraft limit. The bank reserves the right to restrict the ATM or debit card if the account is overdrawn with an ATM or everyday debit card transactions in excess of the debit card overdraft limit. A charge of $33.00 will be imposed each time we pay or return an overdraft item.
If You Need Help
Of course, overdrafts should never be used to finance ordinary or routine expenses and you should never rely on overdrafts to cover these expenses. If at any time you feel you need help with your financial obligations please contact customer service at 1 (800) 687-2265. You may also go to the Federal Trade Commission's (FTC) Choosing a Credit Counselor website https://www.consumer.ftc.gov/articles/0153-choosing-credit-counselor for additional financial education.
Always a Discretionary Service
City Bank's OOPS* does not constitute an actual or implied agreement between you and City Bank. Nor does it constitute an actual or implied obligation of or by City Bank. This service represents a purely discretionary courtesy or privilege that City Bank may provide to you from time to time and which may be withdrawn or withheld by City Bank at any time without prior notice or reason or cause.
1All fees subject to sales tax in New Mexico. *Occasional Overdraft Privilege OOPS is subject to approval. Some restrictions do apply.