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Can the bank charge me an overdraft fee for paying a one-time debit card transaction?

The bank can charge a fee for paying an automated teller machine (ATM) or a one-time debit card transaction under certain circumstances. All of the following conditions must be met in order for the bank to do so:

  • The bank provides you with written notice (or electronic notice, if you agree) set apart from all other information, describing the overdraft protection program.
  • The bank provides a reasonable opportunity for you to affirmatively consent (opt-in) to the program for ATM and one-time debit card transactions and you have not since revoked your consent.
  • You agree to allow the bank to pay any ATM and one-time debit card transactions that exceed the account balance.
  • The bank provides written confirmation (or electronic confirmation, if you agree) of your consent or agreement. This confirmation must include a statement informing you of your right to revoke or terminate your consent.

If you believe your account was wrongfully charged, you can file a written complaint with the Office of The Comptroller of the Currency's (OCC) Customer Assistance Group.

Last Reviewed: October 2020

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

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