I received notice from my bank that they will no longer authorize ATM transactions if my balance is not sufficient to cover the transaction, unless I agree to a fee. If I don’t agree to the fee for this service, can the bank treat my account differently?

No. The bank must provide accounts with the same terms, conditions and features to consumers who affirmatively consent or opt in 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.

Also, banks may not condition the payment of other types of overdraft transactions, such as the payment of a check that overdraws your account, on your consent or agreement to a fee for the payment of ATM and one-time debit card transactions.

February 2011