Disclosures







 

MEMBERSHIP BOOKLET

 

  • Membership and Account Agreement
  • Funds Availability Policy
  • Electronic Funds Transfer
  • Agreement

© CUNA Mutual Group, 1999, 2005 29357-FK1

TABLE OF CONTENTS

MEMBERSHIP AND ACCOUNT AGREEMENT .......... 1

1. Membership Eligibility

2. Individual Accounts

3. Joint Accounts

4. POD/Trust Account Designations

5. Accounts for Minors

6. Uniform Transfers to Minors Account

7. Agency Designation on an Account

8. Deposit of Funds Requirements

9. Account Access

10. ACH & Wire Transfers

11. Account Rates and Fees

12. Transaction Limitations

13. Certificate Accounts

14. Overdrafts

15. Postdated and Staledated Drafts

16. Stop Payment Orders

17. Credit Union Liability

18. Checks Presented for Payment In Person

19. Pledge/Statutory Lien

20. Legal Process

21. Account Information

22. Notices

23. Taxpayer Identification Numbers and Backup Withholding

24. Statements

25. Inactive Accounts

26. Special Account Instructions

27. Termination of Account

28. Termination of Membership

29. Death of Account Owner

30. Severability

31. Enforcement

32. Governing Law

33. Negative Information Notice

 

MEMBERSHIP AND ACCOUNT AGREEMENT

This Agreement covers the rights and responsibilities concerning your

Accounts and the rights and responsibilities of the credit union

providing this agreement (Credit Union). In this Agreement, the words

“you” and “yours” mean anyone who signs an account card or account

change card (Account Card or any other account opening document).

The words “we,” “us,” and “our” mean the Credit Union. The word

“account” means any one or more share or other accounts you have

with the Credit Union.

Your account type(s) and ownership features are designated on your

Account Card. By signing an Account Card, each of you, jointly and

severally, agree to the terms and conditions in this Agreement and

Account Card, the Funds Availability Policy Disclosure, Truth-in-

Savings Disclosure, Electronic Funds Transfer Agreement and

Disclosure, Privacy Notice Disclosure and any Account Receipt

accompanying this Agreement, and the Credit Union’s Bylaws and

policies, and any amendments to these documents from time to time

which collectively govern your Membership and Accounts.

 

1. Membership Eligibility. To join the Credit Union you must meet

the membership requirements including purchase and maintenance

of the minimum required share(s) (“membership share”) as set forth

in the Credit Union’s Bylaws. You authorize us to check your account,

credit, and employment history, and obtain reports from third parties,

including credit reporting agencies, to verify your eligibility for the

accounts and services you request.

 

2. Individual Accounts. An individual account is an account owned

by one member (individual, corporation, partnership, trust or other

organization) qualified for credit union membership. If the account

owner dies, the interest passes, subject to applicable law, to the

account owner’s estate or Payable on Death (POD) beneficiary/payee

or trust beneficiary, subject to other provisions of this Agreement

governing our protection for honoring transfer and withdrawal requests

of an owner or owner’s agent prior to notice of an owner’s death and

to any security interest or pledge granted by the account owner and

subject to our statutory lien rights.

 

3. Joint Accounts. An account owned by two or more persons is a

joint account.

a. Rights of Survivorship. For a joint account with rights of

survivorship, you intend and agree that the balance in the

account, upon the death of any party to the account, shall

belong to the surviving party. If there are two or more surviving

parties, they shall take the account as joint tenants. Unless

otherwise stated on the Account Card, a joint account includes

rights of survivorship. This means when one owner dies, all

sums in the account will pass to the surviving owner(s). For a

joint account without rights of survivorship, the deceased

owner’s interest passes to his or her estate. A surviving owner’s

interest is subject to the Credit Union’s statutory lien for the

deceased owner’s obligations, and to any security interest or

pledge granted by a deceased owner, even if a surviving owner

did not consent to it.

b. Control of Joint Accounts. Any owner is authorized and deemed

to act for any other owner(s) and may instruct us regarding

transactions and other account matters. Each owner

guarantees the signature of any other owner(s). Any owner

may withdraw all funds, stop payment on items, transfer, or

pledge to us all or any part of the shares without the consent

of the other owner(s). We have no duty to notify any owner(s)

about any transaction. We reserve the right to require written

consent of all owners for any change to or termination of an

account. If we receive written notice of a dispute between

owners or inconsistent instructions from them, we may suspend

or terminate the account and require a court order or written

consent from all owners to act.

c. Joint Account Owner Liability. If a deposited item in a joint

account is returned unpaid, an account is overdrawn, or if we

do not receive final payment on a transaction, the owners, jointly

and severally, are liable to us for the amount of the returned

item, overdraft, or unpaid amount and any charges, regardless

of who initiated or benefited from the transaction. If any account

owner is indebted to us, we may enforce our rights against any

account of an owner or all funds in the joint account regardless

of who contributed them.

 

4. POD/Trust Account Designations. A Payable on Death (POD)

account or trust account designation is an instruction to the Credit

Union that an individual or joint account so designated is payable

to the owner(s) during his, her or their lifetimes and, when the last

account owner dies, payable to all and surviving POD or trust

beneficiary/payee. If there is more than one surviving beneficiary/

payee, the account is owned jointly by such beneficiaries/payees

without rights of survivorship upon the death of the last account

owner. Any POD or trust beneficiary/payee designation shall not

apply to Individual Retirement Accounts (IRAs). We are not

obligated to notify any beneficiary/payee of the existence of any

account or the vesting of the beneficiary/payee’s interest in any

account, except as otherwise provided by law. This paragraph

does not apply to an account held on behalf of or held in the name

of a trust.

 

5. Accounts for Minors. We may require any account established

by a minor to be a joint account with an owner who has reached the

age of majority under state law and who shall be jointly and severally

liable to us for any returned item, overdraft, or unpaid charges or

amounts on such account. We may pay funds directly to the minor

without regard to his or her minority. Unless a guardian or parent is

an account owner, the guardian or parent shall not have any account

access rights. We have no duty to inquire about the use or purpose

of any transaction. We will not change the account status when the

minor reaches the age of majority, unless authorized in writing by all

account owners.

 

6. Uniform Transfers to Minors Account. A Uniform Transfers to

Minors Account (UTTMA) is an individual account created by a

custodian who deposits funds as an irrevocable gift to a minor. The

minor to whom the gift is made is the beneficiary of the custodial

property in the account. The custodian has possession and control

of the account for the exclusive right and benefit of the minor and

barring a court order otherwise, is the only party entitled to make

deposits, withdrawals, or close the account. We have no duty to

inquire about the use or purpose of any transaction. If the custodian

dies, we may suspend the account, until we receive instructions from

any person authorized by law to withdraw funds or a court order

authorizing withdrawal. The account will terminate and be distributed

in accordance with applicable law.

 

7. Agency Designation on an Account. An agency designation

on an account is an instruction to us that the owner authorizes another

person to make transactions as agent for the account owner regarding

the accounts designated. For an agency account, you appoint the

agent listed on the Account Card as your attorney-in-fact to deposit

or withdraw funds held in the designated account(s). An agent has

no ownership interest in the account(s) or Credit Union voting rights.

We have no duty to inquire about the use or purpose of any transaction

made by the agent.

 

8. Deposit of Funds Requirements. Funds may be deposited to

any account, in any manner approved by the Credit Union in

accordance with the requirements as set forth in the Truth-in-Savings

Disclosure. Deposits made by mail, at night depositories or at

unstaffed facilities are not our responsibility until we receive them.

We reserve the right to refuse or to return any deposit.

a. Endorsements. We may accept transfers, checks, drafts, and

other items for deposit into any of your accounts if they are

made payable to, or to the order of, one or more account owners

even if they are not endorsed by all payees. You authorize us

to supply missing endorsements of any owners if we choose.

If a check, draft or item that is payable to two or more persons

is ambiguous as to whether it is payable to either or both, we

may process the check, draft or item as though it is payable to

either person. If an insurance, government, or other check or

draft requires an endorsement, we may require endorsement

as set forth on the item. Endorsements must be made on the

back of the share draft or check within 1½ inches from the top

edge, although we may accept endorsements outside this

space. However, any loss we incur from a delay or processing

error resulting from an irregular endorsement or other markings

by you or any prior endorser will be your responsibility.

b. Collection of Items. We act only as your agent and we are

not responsible for handling items for deposit or collection

beyond the exercise of ordinary care. We are not liable for

the negligence of any correspondent or for loss in transit, and

each correspondent will only be liable for its own negligence.

We may send any item for collection. Items drawn on an

institution located outside the United States are handled on a

collection basis only. You waive any notice of nonpayment,

dishonor, or protest regarding items we purchase or receive

for credit or collection to your account. We reserve the right

to pursue collection of previously dishonored items at any time,

including giving a payor bank extra time beyond any midnight

deadline limits.

c. Final Payment. All items or Automated Clearing House (ACH)

transfers credited to your account are provisional until we receive

final payment. If final payment is not received, we may charge

your account for the amount of such items or ACH transfers and

impose a return item charge on your account. Any collection

fees we incur may be charged to your account. We reserve the

right to refuse or return any item or funds transfer.

d. Direct Deposits. We may offer preauthorized deposits (e.g.,

payroll checks, Social Security or retirement checks, or other

government checks) or preauthorized transfers from other

accounts. You must authorize direct deposits or preauthorized

transfers by filling out a separate form. You must notify us at

least thirty (30) days in advance to cancel or change a direct

deposit or transfer option. If your account is overdrawn, you

authorize us to deduct the amount your account is overdrawn

from any deposit, including deposits of government payments

or benefits. Upon a bankruptcy filing, unless you cancel the

authorization, we will continue applying payments from direct

deposits in accordance with your authorization on file with us.

If we reimburse the U.S. Government for any benefit payment

directly deposited into your account, we may deduct the amount

returned from any of your accounts, unless prohibited by law.

e. Crediting of Deposits. Deposits made after the deposit cut-off

time and deposits made on either holidays or days that are not

our business days will be credited to your account on the next

business day.

 

9. Account Access.

a. Authorized Signature. Your signature on the Account Card

authorizes your account access. We will not be liable for

refusing to honor any item or instruction if we believe the

signature is not genuine. If you have authorized the use of a

facsimile signature, we may honor any draft that appears to

bear your facsimile signature even if it was made by an

unauthorized person. You authorize us to honor transactions

initiated by a third person to whom you have given your account

number even if you do not authorize a particular transaction.

b. Access Options. You may withdraw or transfer funds from your

account(s) in any manner we permit (e.g., at an automated

teller machine, in person, by mail, Internet access, automatic

transfer, or telephone, as applicable). We may return as unpaid

any draft drawn on a form we do not provide, and you are

responsible for any loss we incur handling such a draft. We

have the right to review and approve any form of power of

attorney and may restrict account withdrawals or transfers. We

are under no obligation to honor any power of attorney.

c. Credit Union Examination. We may disregard information on

any draft or check, other than the signature of the drawer, the

amount and any magnetic encoding. You agree we do not fail

to exercise ordinary care in paying an item solely because our

procedures do not provide for sight examination of items.

 

10. ACH & Wire Transfers. Except as amended by this Agreement,

electronic funds transfers we permit that are subject to Article 4A of

the Uniform Commercial Code will be subject to such provisions of

the Uniform Commercial Code as enacted by the state where the

main office of the Credit Union is located. We may execute certain

requests for electronic funds transfers by Fedwire. Fedwire

transactions are subject to Federal Reserve Board Regulation J. You

may order electronic funds transfers to or from your account. We will

debit your account for the amount of an electronic funds transfer and

will charge your account for any fees related to the transfer. Unless

we agree otherwise in writing, we reserve the right to refuse to execute

any order to transfer funds to or from your account. We are not

obligated to execute any order to transfer funds out of your account if

the amount of the requested transfer plus applicable fees exceeds

the available funds in your account. We are not liable for errors,

delays, interruptions or transmission failures caused by third parties

or circumstances beyond our control including mechanical, electronic

or equipment failure. We will not provide you with next day notice of

ACH, wire transfers and other electronic payments credited to your

account. You will receive notice of such credits on your account

statements. You may contact us to determine whether a payment

has been received. If we are required by law to pay interest to you,

you agree that the rate of interest shall be the lowest available nominal

dividend or interest rate paid on accounts during the time interest

payments is required. Payment orders we accept will be executed

within a reasonable time of receipt. A payment order may not

necessarily be executed on the date it is received. Cut-off times may

apply to the receipt, execution and processing of funds transfers,

payment orders, cancellations, and amendments and if received after

a cut-off time, may be treated as having been received on the next

following funds transfer business day. Information about any cut-off

times is available upon request. When you initiate a wire transfer,

you may identify the recipient and any financial institution by name

and by account or identifying number. The Credit Union and any

other financial institutions facilitating the transfer may rely strictly on

the account or identifying number even if the number identifies a

different person or financial institution. Any account owner may amend

or cancel a payment order even if that person did not initiate the

order. We may refuse requests to amend or cancel a payment order

that we believe will expose the Credit Union to liability or loss. Any

request to amend or cancel a payment order that we accept will be

processed within a reasonable time after it is received. You agree to

hold us harmless from and indemnify us for all losses and expenses

resulting from any actual or attempted amendment or cancellation of

a payment order. We may require you to follow a security procedure

to execute a payment order or certain electronic funds transfer

transactions. We will notify you of any such security procedures and

you agree that our security procedures are commercially reasonable.

 

11. Account Rates and Fees. We pay account earnings and assess

fees against your account as set forth in the Truth-in-Savings

Disclosure. We may change the Truth-in-Savings Disclosure at any

time and will notify you as required by law.

 

12. Transaction Limitations.

a. Withdrawal Restrictions. We permit withdrawals only if your

account has sufficient available funds to cover the full amount

of the withdrawal or you have an established overdraft

protection plan. Drafts or other transfer or payment orders which

are drawn against insufficient funds may be subject to a service

charge as set forth in the Truth-in-Savings Disclosure. If there

are sufficient funds to cover some, but not all, of your withdrawal,

we may allow those withdrawals for which there are sufficient

funds in any order at our discretion.

We may refuse to allow a withdrawal in some situations, and will

advise you accordingly; for example: (1) a legal garnishment or

attachment is served; (2) the account secures any obligation to us;

(3) required documentation has not been presented; (4) you fail to

repay a Credit Union loan on time; or (5) any reason allowed by

applicable law. We may require you to give written notice of seven

(7) days to sixty (60) days before any intended withdrawals.

b. Transfer Limitations. We may limit the dollar amount or the

number of transfers from your account. Please consult your

TruthinSavings Disclosure or your Electronic Funds Transfer

Agreement and Disclosure.

 

13. Certificate Accounts. Any time deposit, term share, share

certificate, or certificate of deposit account allowed by state law

(Certificate Account), whichever we offer, is subject to the terms of

this Agreement, the Truth-in-Savings Disclosure and Account Deposit

Receipt for each account the terms of which are incorporated herein

by reference.

 

14. Overdrafts.

a. Overdraft Liability. If, on any day, the funds in your share account

are not sufficient to cover drafts, fees or other items posted to

your account, we may pay or return the overdraft in accordance

with our overdraft policy or an overdraft protection plan you have

with us. The Credit Union’s determination of an insufficient

account balance may be made at any time between presentation

and the Credit Union’s midnight deadline with only one review

of the account required. We do not have to notify you if your

account does not have funds to cover drafts, fees or other posted

items. Whether the item is paid or returned, your account may

be subject to a charge as set forth in the Truth-in-Savings

Disclosure. Except as otherwise agreed in writing, we, by

covering one or any overdraft, do not agree to cover overdrafts

in the future and may discontinue covering overdrafts at any

time without notice. If we pay a draft or impose a fee that would

otherwise overdraw your account, you agree to pay the

overdrawn amount in accordance with our overdraft policy.

b. Overdraft Protection Plan. If we have approved an overdraft

protection plan for your account, we will honor drafts drawn

on insufficient funds by transferring funds from another

account under this Agreement or a loan account, as you have

directed, or as required under the Credit Union’s overdraft

protection policy. The fee for overdraft transfers, if any, is set

forth in the Truth-in-Savings Disclosure. This Agreement

governs all transfers, except those governed by agreements

for loan accounts.

 

15. Postdated and Staledated Drafts. You agree not to draw or

issue any draft that is postdated. If you do draw or issue a draft that

is payable on a future date, we shall have no liability if we pay it

before its payment date. You agree not to deposit drafts, checks, or

other items before they are properly payable. We are under no

obligation to pay a draft/check drawn on your account that is presented

more than six (6) months after the date it was written. If, however,

the draft/check is paid, the Credit Union shall have no liability for

such payment.

 

16. Stop Payment Orders.

a. Stop Payment Order Request. You may request a stop payment

order on any draft drawn on your account. To be binding an

order must be dated, signed, and describe the account and draft

number and the exact amount. The stop payment will be

effective if the Credit Union receives the order in time for the

Credit Union to act upon the order and you state the number of

the account, number of the draft, and its exact amount. You

understand that the exact information is necessary for the Credit

Union’s computer to identify the draft. If you give us incorrect or

incomplete information, we will not be responsible for failing to

stop payment on the draft. If the stop payment order is not

received within a reasonable time for us to act upon the order,

we will not be liable to you or to any other party for payment of

the draft. If we recredit your account after paying a draft over a

valid and timely stop payment order, you agree to sign a

statement describing the dispute with the payee, to transfer to

us all of your rights against the payee or other holders of the

draft and to assist us in any legal action.

b. Duration of Order. You may make an oral stop payment order

which will lapse within fourteen (14) calendar days unless

confirmed in writing within that time. A written stop payment

order is effective for six (6) months and may be renewed in

writing from time to time. We do not have to notify you when a

stop payment order expires.

c. Liability. Fees for stop payment orders are set forth in the

Truth-in-Savings Disclosure. You may not stop payment on

any certified check, cashier’s check, teller’s check, or any other

check, draft, or payment guaranteed by us. Although payment

of an item may be stopped, you may remain liable to any item

holder, including us. You have the burden of establishing the

fact and amount of loss resulting from the payment of an item

contrary to a binding stop payment order. You agree to

indemnify and hold the Credit Union harmless from all costs,

including attorney’s fees, damages or claims related to our

refusing payment of an item, including claims of any joint

account owner, payee, or indorsee in failing to stop payment

of an item as a result of incorrect information provided by you.

 

17. Credit Union Liability. If we do not properly complete a

transaction according to this Agreement, we will be liable for your

losses or damages not to exceed the amount of the transaction,

except as otherwise provided by law. We will not be liable if: (1) your

account contains insufficient funds for the transaction; (2)

circumstances beyond our control prevent the transaction; (3) your

loss is caused by you’re or another financial institution’s negligence;

or (4) your account funds are subject to legal process or other claim.

We will not be liable for consequential damages, except liability for

wrongful dishonor. We exercise ordinary care if our actions or nonactions

are consistent with applicable state law, federal reserve

regulations and operating letters, clearinghouse rules, and general

banking practices followed in the area we serve. You grant us the

right, in making payments of deposited funds, to rely exclusively on

the form of the account and the terms of this Account Agreement.

Any conflict between what you or our employees may say or write

will be resolved by reference to this Agreement.

 

18. Checks Presented for Payment In Person. We may refuse to

accept any draft drawn on your account that is presented for payment

in person. Such refusal shall not constitute a wrongful dishonor of

the draft and we shall have no liability for refusing payment. If we

agree to pay a check that is presented for payment in person, we

may require the presenter to pay a fee. Any applicable check cashing

fees are stated in the fee schedules.

 

19. Pledge/Statutory Lien. Unless prohibited by law, you pledge and

grant as security for all obligations you may have now or in the future,

except obligations secured by your principal residence, all shares and

dividends and all deposits and interest, if any, in all accounts you have

with us now and in the future. If you pledge a specific dollar amount in

your account for a loan, we will freeze the funds in your account(s) to

the extent of the outstanding balance of the loan or, if greater, the

amount of the pledge if the loan is a revolving loan. Otherwise, funds

in your pledged account(s) may be withdrawn unless you are in default.

Federal or state law, depending on whether we have a federal or state

charter, gives us a lien on all shares and dividends and all deposits

and interest, if any, in accounts you have with us now and in the future.

Except as limited by state or federal law, the statutory lien gives us the

right to apply the balance of all your accounts to any obligation on

which you are in default. After you are in default, we may exercise our

statutory lien rights without further notice to you.

Your pledge and our statutory lien rights will allow us to apply

the funds in your account to what you owe when you are in

default, except as limited by state or federal law. If we do not

apply the funds in your account(s) to satisfy your obligation, we may

place an administrative freeze on your account(s) in order to protect

our statutory lien rights and may apply the funds in your account(s)

to the amount you owe us at a later time. The statutory lien and your

pledge does not apply to any Individual Retirement Account or any

other account that would lose special tax treatment under state or

federal law if given as security. By not enforcing our right to apply

funds in your account to your obligations that are in default, we do

not waive our right to enforce these rights at a later time.

 

20. Legal Process. If any legal action is brought against your account,

we may pay out funds according to the terms of the action or refuse

any payout until the dispute is resolved. Any expenses or attorney

fees we incur responding to legal process may be charged against

your account without notice, unless prohibited by law. Any legal process

against your account is subject to our lien and security interest.

 

21. Account Information. Upon request, we will give you the name

and address of each agency from which we obtain a credit report

regarding your account. We agree not to disclose account information

to third parties except when: (1) it is necessary to complete a transaction;

(2) the third party seeks to verify the existence or condition of your

account in accordance with applicable law; (3) such disclosure complies

with the law or a government agency or court order; (4) you give us

written permission; or (5) guarantee a share draft by a third party.

 

22. Notices.

a. Name or Address Changes. You are responsible for notifying

us of any address or name change. The Credit Union is only

required to attempt to communicate with you at the most recent

address you have provided to us. We may require all names

and address changes to be provided in writing. If we attempt

to locate you, we may impose a service fee as set forth in the

Truth-in-Savings Disclosure.

b. Notice of Amendments. Except as prohibited by applicable

law, we may change the terms of this Agreement. We will notify

you of any changes in terms, rates, or fees as required by law.

We reserve the right to waive any term in this Agreement. Any

such waiver shall not affect our right to future enforcement.

c. Effect of Notice. Any written notice you give us is effective

when we receive it. Any written notice we give to you is

effective when it is deposited in the U.S. Mail, postage prepaid

and addressed to you at your statement mailing address.

Notice to any account owner is considered notice to all

account owners.

 

23. Taxpayer Identification Numbers and Backup Withholding.

Your failure to furnish a correct Taxpayer Identification Number (TIN)

or meet other requirements may result in backup withholding. If your

account is subject to backup withholding, we must withhold and pay

to the Internal Revenue Service (IRS) a percentage of dividends,

interest, and certain other payments. If you fail to provide your TIN,

we may suspend opening your account.

 

24. Statements.

a. Contents. If we provide a periodic statement for your account,

you will receive a periodic statement of transactions and activity

on your account during the statement period as required by

applicable law. If a periodic statement is provided, you agree

that only one statement is necessary for joint accounts. For

share draft or checking accounts, you understand and agree

that your original draft, when paid, becomes property of the

Credit Union and may not be returned to you, but copies may

be retained by us or be payable through financial institutions

and made available upon your request. You understand and

agree that statements are made available to you on the date

they are sent to you. You also understand and agree that drafts

or copies thereof are made available to you on the date the

statement is sent to you, even if the drafts do not accompany

the statement.

b. Examination. You are responsible for promptly examining each

statement upon receiving it and reporting any irregularities to

us. If you fail to report any irregularities such as forged, altered,

unauthorized, unsigned, or otherwise fraudulent items drawn

on your account, erroneous payments or transactions, or other

discrepancies reflected on your statement within a reasonable

time of receiving your statement, we will not be responsible for

your loss. In addition, we will not be responsible for any such

items, payments, transactions or other discrepancies reflected

on your statement if you fail to notify us within thirty-three (33)

days of the mailing date of the statement. We also will not be

liable for any items that are forged or altered in a manner not

detectable by a reasonable person, including the unauthorized

use of a facsimile signature machine.

c. Notice to Credit Union. You agree that the Credit Union’s

retention of drafts does not alter or waive your responsibility to

examine your statements or the time limit for notifying us of

any errors. The statement will be considered correct for all

purposes and we will not be liable for any payment made or

charge to your account unless you notify us in writing within

the above time limit for notifying us of any errors. If you fail to

receive a periodic statement, you agree to notify us within

fourteen (14) days of the time you regularly receive a statement.

 

25. Inactive Accounts. If your account falls below any applicable

minimum balance and you have not made any transactions over a

period specified in the Truth-in-Savings Disclosure during which

we have been unable to contact you by regular mail, we may classify

your account as inactive or dormant. Unless prohibited by

applicable law, we may charge a service fee as set forth in the

Truth-in-Savings Disclosure for processing your inactive account.

If we impose a fee, we will notify you, as required by law, at your

last known address. You authorize us to transfer funds from another

account of yours to cover any service fees, if applicable. To the

extent allowed by law, we reserve the right to transfer the account

funds to an account payable and to suspend any further account

statements. If a deposit or withdrawal has not been made on the

account and we have had no other sufficient contact with you within

the period specified by state law, the account will be presumed to

be abandoned. Funds in abandoned accounts will be reported

and remitted in accordance with state law. Once funds have been

turned over to the state, we have no further liability to you for such

funds and if you choose to reclaim such funds, you must apply to

the appropriate state agency.

 

26. Special Account Instructions. You may request that we facilitate

certain trust, will, or court-ordered account arrangements. However,

because we do not give legal advice, we cannot counsel you as to

which account arrangement most appropriately meets the specific

requirements of your trust, will, or court order. If you ask us to follow

any instructions that we believe might expose us to claims, lawsuits,

expenses, liabilities, or damages, whether directly or indirectly, we

may refuse to follow your instructions or may require you to indemnify

us or post a bond or provide us with other protection. Account changes

requested by you, or any account owner, such as adding or closing

an account or service, must be evidenced by a signed account change

form and accepted by us.

 

27. Termination of Account. We may terminate your account at

any time without notice to you or may require you to close your account

and apply for a new account if: (1) there is a change in owners or

authorized signers; (2) there has been a forgery or fraud reported or

committed involving your account; (3) there is a dispute as to the

ownership of the account or of the funds in the account; (4) any share

drafts are lost or stolen; (5) there are excessive returned unpaid items

not covered by an overdraft protection plan; (6) there has been any

misrepresentation or any other abuse of any of your accounts; or (7)

we reasonably deem it necessary to prevent a loss to us. You may

terminate an individual account by giving written notice. We reserve

the right to require the consent of all owners to terminate a joint

account. We are not responsible for payment of any draft, withdrawal,

or other item after your account is terminated; however, if we pay an

item after termination, you agree to reimburse us.

 

28. Termination of Membership. You may terminate your

membership by giving us written notice or by withdrawing your

minimum required membership share, if any, and closing all your

accounts. You may be denied services for causing a loss to the

Credit Union or you may be expelled for any reason as allowed by

applicable law.

 

29. Death of Account Owner. We may continue to honor all transfer

orders, withdrawals, deposits and other transactions on an account

until we are notified of a member’s death. Once we are notified of a

member’s death, we may pay drafts or honor other payments or

transfer orders authorized by the deceased member for a period of

ten (10) days after that date unless we receive instructions from any

person claiming an interest in the account to stop payment on the

drafts or other items. We may require anyone claiming a deceased

owner’s account funds to indemnify us for any losses resulting from

our honoring that claim. This Agreement will be binding upon any

heirs or legal representatives of any account owner.

 

30. Severability. If a court holds any portion of this Agreement to be

invalid or unenforceable, the remainder of this Agreement shall not

be invalid or unenforceable and will continue in full force and effect.

All headings are intended for reference only and are not to be

construed as part of the Agreement.

 

31. Enforcement. You are liable to us for any loss, cost or expense

we incur resulting from your failure to follow this Agreement. You

authorize us to deduct any such loss, costs or expenses from your

account without prior notice to you. If we bring a legal action to collect

any amount due under or to enforce this Agreement, we shall be

entitled, subject to applicable law, to payment of reasonable attorney’s

fees and costs, including fees on any appeal, bankruptcy proceedings,

and any post-judgment collection actions.

 

32. Governing Law. This Agreement is governed by the Credit

Union’s Bylaws, federal laws and regulations, the laws, including

applicable principles of contract law, and regulations of the state in

which the Credit Union’s main office is located, and local clearinghouse

rules, as amended from time to time. As permitted by applicable law,

you agree that any legal action regarding this Agreement shall be

brought in the county in which the Credit Union is located.

 

33. Negative Information Notice. We may report information

about your loan, share or deposit accounts to credit bureaus.

Late payments, missed payments, or other defaults on your

accounts may be reflected in your credit report.

 

FUNDS AVAILABILITY POLICY

 

This disclosure describes your ability to withdraw funds at Carpenters

Federal Credit Union. It only applies to the availability of funds in

transaction accounts. The credit union reserves the right to delay

the availability of funds deposited to accounts that are not transaction

accounts for periods longer than those disclosed in this policy. Please

ask us if you have a question about which accounts are affected by

this policy.

 

1. General Policy. Our policy is to make funds from your cash and

check deposits available to you on the same business day that we

receive your deposit. Electronic direct deposits will be available on

the day we receive the deposit. Once they are available, you can

withdraw the funds in cash and we will use the funds to pay checks

that you have written. For determining the availability of your deposits,

every day is a business day, except Saturdays, Sundays, and federal

holidays. We have different deposit cut-off hours for different deposit

locations. The earliest cut-off time that might apply is close of

business. If you make a deposit before our cut-off hour on a business

day that we are open, we will consider that day to be the day of your

deposit. However, if you make a deposit after our cut-off hour or on a

day we are not open, we will consider that the deposit was made on

the next business day we are open. Our cut-off hours are available

at the Credit Union.

 

2. Reservation of Right to Hold. In some cases, we will not make

all of the funds that you deposit by check available to you on the

same business day that we receive your deposit. Depending on the

type of check that you deposit, funds may not be available until the

fifth business day after the day of your deposit. However, the first

$100.00 of your deposit will be available on the first business day

after the day of your deposit. If we are not going to make all of the

funds from your deposit available on the same business day, we will

notify you at the time you make your deposit. We will also tell you

when the funds will be available. If your deposit is not made directly

to one of our employees, or if we decide to take this action after you

have left the premises, we will mail you the notice by the next business

day after we receive your deposit. If you will need the funds from a

deposit right away, you should ask us when the funds will be available.

 

3. Holds on Other Funds. If we cash a check for you that is drawn

on another financial institution, we may withhold the availability of a

corresponding amount of funds that are already in your account.

Those funds will be available at the time funds from the check we

cashed would have been available if you had deposited it. If we

accept for deposit a check that is drawn on another financial institution,

we may make funds from the deposit available for withdrawal

immediately but delay your availability to withdraw a corresponding

amount of funds that you have on deposit in another account with us.

The funds in the other account would then not be available for

withdrawal until the time periods that are described elsewhere in this

disclosure for the type of check that you deposited.

 

4. Longer Delays May Apply. We may delay your ability to withdraw

funds deposited by check into your account an additional number of

days for these reasons:

• We believe a check you deposit will not be paid.

• You deposit checks totaling more than $5,000 on any one

day.

• You deposit a check that has been returned unpaid.

• You have overdrawn your account repeatedly in the last

six (6) months.

• There is an emergency, such as failure of communications

or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of

these reasons, and we will tell you when the funds will be available.

They will generally be available no later than the eleventh business

day after the day of your deposit.

 

5. Special Rules for New Accounts. If you are a new member, the

following special rules will apply during the first thirty (30) days your

account is open.

Funds from electronic direct deposits to your account will be available

on the day we receive the deposit. Funds from deposits of cash,

wire transfers, and the first $5,000 of a day’s total deposits of cashier’s,

certified, teller’s, traveler’s, and federal, state, and local government

checks will be available on the next business day after the day of

your deposit if the deposit meets certain conditions. For example,

the checks must be payable to you. The excess over $5,000 will be

available on the ninth business day after the day of your deposit. If

your deposit of these checks (other than a U.S. Treasury check) is

not made in person to one of our employees, the first $5,000 will not

be available until the second business day after the day of your

deposit. Funds from all other check deposits will be available on the

ninth business day after the day of your deposit.

 

6. Deposits at Nonproprietary ATMs. Funds from any deposits

(cash or checks) made at automated teller machines (ATMs) we do

not own or operate will not be available until the fifth business day

after the date of your deposit. This rule does not apply at ATMs that

we own or operate. All ATMs that we own or operate are identified as

our machines.

 

ELECTRONIC FUNDS TRANSFER  AGREEMENT AND DISCLOSURE

This Electronic Funds Transfer Agreement is the contract which covers

your and our rights and responsibilities concerning the electronic funds

transfer (“EFT”) services offered to you by Carpenters Federal Credit

Union (“Credit Union”). In this Agreement, the words “you” and “yours”

mean those who sign the application or account card as applicants,

joint owners, or any authorized users. The words “we,” “us,” and

“our” mean the Credit Union. The word “account” means any one or

more share and share draft accounts you have with the Credit Union.

Electronic funds transfers are electronically initiated transfers of

money from your account through the electronic funds transfer

services described below. By signing an application or account card

for EFT services, signing your Card, or using any service, each of

you, jointly and severally, agree to the terms and conditions in this

Agreement and any amendments for the EFT services offered.

 

1. EFT Services. If approved, you may conduct any one or more of

the EFT services offered by the Credit Union.

a. Instant Cash and Check Card. You may use your Card to

purchase goods and services from participating merchants. If

you wish to pay for goods or services over the Internet, you

may be required to provide card number security information

before you will be permitted to complete the transaction. You

agree that you will not use your Card for any transaction that is

illegal under applicable federal, state, or local law. Funds to

cover your Card purchases will be deducted from your share

draft account. If the balance in your account is not sufficient to

pay the transaction amount, the credit union will pay the amount

and treat the transaction as a request to transfer funds from

other deposit accounts, approved overdraft protection accounts

or loan accounts that you have established with the Credit

Union. If you initiate a transaction that overdraws your Account,

you agree to make immediate payment of any overdrafts

together with any service charges to the Credit Union. In the

event of repeated overdrafts, the Credit Union may terminate

all services under this Agreement. You may use your Card

and PIN (Personal Identification Number) in automated teller

machines of the Credit Union, Instant Cash networks, and such

other machines or facilities as the Credit Union may designate.

At the present time, you may also use your Card to:

• Make deposits to your share and share draft accounts.

• Withdraw funds from your share and share draft accounts.

• Make POS (Point-of-Sale) transactions with your Card and

PIN (Personal Identification Number) to purchase goods

or services at merchants that accept VISA.

• Order goods or services by mail or telephone from places

that accept VISA.

The following limitations on the frequency and amount of Instant Cash

and Check Card transactions may apply:

• There is no limit on the number of Instant Cash and Check

Card purchases you make per day.

• You may purchase up to a maximum of $2,500.00 per day.

• You may withdraw up to a maximum of $500.00 in any one

day from an ATM machine, if there are sufficient funds in

your account.

• You may purchase up to a maximum of $2,500.00 from

POS terminals per day, if there are sufficient funds in your

account

• For security purposes, there are other limits on the

frequency and amount of transfers available at ATMs.

• The customary amount of time needed to make a Instant

Cash and Check Card purchase at a merchant facility and

have the transaction posted to your account is five (5)

business day(s).

• The customary amount of time needed to make a POS

purchase at a POS terminal and have the transaction posted

to your account is five (5) business day(s).

• See Section 2 for transfer limitations that may apply to these

transactions.

b. Call 24 (Audio Response). If we approve the Call 24 (Audio

Response) for your accounts, a separate PIN (Personal

Identification Number) will be assigned to you. You must use

your PIN (Personal Identification Number) along with your

account number to access your accounts. At the present time

you may use the Call 24 (Audio Response) to:

• Withdraw funds from your share and share draft accounts.

• Transfer funds from your share, share draft, club, and

Money Market accounts.

• Obtain balance information for your share, share draft, club,

and Money Market accounts.

• Make loan payments from your share, share draft, club,

and Money Market accounts.

• Access your Line of Credit account.

• Determine if a particular item has cleared.

• Verify the last date and amount of your payroll deposit.

Your accounts can be accessed under the Call 24 (Audio Response)

via a touch tone telephone only. Call 24 (Audio Response) service

will be available for your convenience twenty-four (24) hours per

day. This service may be interrupted for a short time each day for

data processing.

• There is no limit to the number of inquiries, transfers, or

withdrawal requests you may make in any one day.

• See Section 2 for transfer limitations that may apply to these

transactions.

The Credit Union reserves the right to refuse any transaction which

would draw upon insufficient funds, exceed a credit limit, lower an

account below a required balance, or otherwise require us to

increase our required reserve on the account. All checks are payable

to you as a primary member and will be mailed to your address of

record. The Credit Union may set other limits on the amount of any

transaction, and you will be notified of those limits. The Credit Union

may refuse to honor any transaction for which you do not have

sufficient available verified funds. The service will discontinue if no

transaction is entered after numerous unsuccessful attempts to enter

a transaction, and there may be limits on the duration of each

telephone call.

c. Preauthorized EFTs.

• Direct Deposit. Upon instruction of (i) your employer or

(ii) the Treasury Department or (iii) other financial

institutions, the Credit Union will accept direct deposits

of your paycheck or of federal recurring payments, such

as Social Security, to your share and/or share draft

account.

• Preauthorized Debits. Upon instruction, we will pay certain

recurring transactions from your share, and share draft

account.

• See Section 2 for transfer limitations that may apply to

these transactions.

• Stop Payment Rights. If you have arranged in advance

to make regular electronic fund transfers out of your

account(s) for money you owe others, you may stop

payment of preauthorized transfers from your account.

You must notify us orally or in writing at any time up to

three (3) business days before the scheduled date of

the transfer. We may require written confirmation of the

stop payment order to be made within fourteen (14) days

of any oral notification. If we do not receive the written

confirmation, the oral stop payment order shall cease to

be binding fourteen (14) days after it has been made.

• Notice of Varying Amounts. If these regular payments

may vary in amount, the person you are going to pay is

required to tell you, ten (10) days before each payment,

when it will be made and how much it will be. You may

choose instead to get this notice only when the payment

would differ by more than a certain amount from the

previous payment or when the amount would fall outside

certain limits that you set.

• Liability for Failure to Stop Payment of Preauthorized

Transfers. If you order us to stop payment of a

preauthorized transfer three (3) business days or more

before the transfer is scheduled, and we do not do so,

we will be liable for your losses or damages.

d. Electronic Check Conversion/Electronic Returned Check

Fees. If you pay for something with a check or share draft

you may authorize your check or share draft to be converted

to an electronic fund transfer. You may also authorize

merchants to electronically debit your account for returned

check fees. You are considered to have authorized these

electronic funds transfers if you complete the transaction after

being told (orally or by a notice posted or sent to you) that the

transfer may be processed electronically or if you sign a written

authorization.

 

2. Transfer Limitations. For all share accounts, no more than six

(6) preauthorized, automatic, telephone, or Internet transfers and

withdrawals may be made from each account to another account of

yours or to a third party in any month, and no more than three (3) of

these six (6) may be made by check, draft, or access card to a third

party. If you exceed these limitations, your account may be subject

to a fee or be closed.

 

3. Conditions of EFT Services.

a. Ownership of Cards. Any Card or other device which we

supply to you is our property and must be returned to us, or to

any person whom we authorize to act as our agent, or to any

person who is authorized to honor the Card, immediately

according to instructions. The Card may be repossessed at

any time at our sole discretion without demand or notice. You

cannot transfer your Card or account to another person.

b. Honoring the Card. Neither we nor merchants authorized to

honor the Card will be responsible for the failure or refusal to

honor the Card or any other device we supply to you. If a

merchant agrees to give you a refund or adjustment, you agree

to accept a credit to your account in lieu of a cash refund.

c. Foreign Transactions

VISA Purchases and cash withdrawals made in foreign

currencies will be debited from your account in U.S. dollars.

The exchange rate between the transaction currency and the

billing currency used for processing international transactions

is a rate selected by Visa from a range of rates available in

wholesale currency markets for the applicable central

processing date, which rate may vary from the rate Visa itself

receives, or the government-mandated rate in effect for the

applicable central processing date, in each instance plus an

additional 1%. The exchange rate used on the processing

date may differ from the rate that would have been used on

the purchase date or cardholder statement posting date.

d. Security of Access Code. You may use one or more access

codes with your electronic funds transfers. The access codes

issued to you are for your security purposes. Any codes issued

to you are confidential and should not be disclosed to third

parties or recorded on or with the Card. You are responsible

for safekeeping your access codes. You agree not to disclose

or otherwise make your access codes available to anyone

not authorized to sign on your accounts. If you authorize

anyone to use your access codes, that authority shall continue

until you specifically revoke such authority by notifying the

Credit Union. You understand that any joint owner you

authorize to use an access code may withdraw or transfer

funds from any of your accounts. If you fail to maintain the

security of these access codes and the Credit Union suffers a

loss, we may terminate your EFT services immediately.

e. Joint Accounts. If any of your accounts accessed under this

Agreement are joint accounts, all joint owners, including any

authorized users, shall be bound by this Agreement and,

alone and together, shall be responsible for all EFT

transactions to or from any share and share draft accounts

as provided in this Agreement. Each joint account owner,

without the consent of any other account owner, may, and

hereby is authorized by every other joint account owner to,

make any transaction permitted under this Agreement. Each

joint account owner is authorized to act for the other account

owners, and the Credit Union may accept orders and

instructions regarding any EFT transaction on any account

from any joint account owner.

f. Reversal of Transactions. You may not reverse any

transaction when using your Card to pay for goods or services

by transferring funds through a terminal.

Payment for goods or services by a transfer of funds through a

terminal shall not affect any of the rights, protections, or liabilities

in existing law concerning a cash or credit sale made by means

other than through the use of a terminal. Use of the Card, the

account number on the Card, the access code, or any combination

of the three for payments, purchases, or to obtain cash from

merchants, financial institutions, or others who honor the Card is

an order by you for the withdrawal of the amount of the transaction

from your account. Each transaction with the Card will be charged

to your account on the date the transaction is posted to your

account. Use of the Card is subject to the terms and conditions of

your account, and any future changes to your account may affect

your use of the Card.

 

4. Fees and Charges. There are certain fees and charges for

electronic funds transfer services. For a current listing of all applicable

fees, see our current Fee Schedule that was provided to you at the

time you applied for or requested these electronic services. From

time to time, the charges may be changed. We will notify you of any

changes as required by applicable law.

If you use an ATM not operated by us, you may be charged a fee by

the ATM operator and by any national, regional, or local network used

in processing the transaction (and you may be charged a fee for a

balance inquiry even if you do not complete a fund transfer). The

ATM surcharge will be debited from your account if you elect to

complete the transaction or continue with the balance inquiry.

 

5. Liability for Unauthorized Transactions. You are responsible

for all EFT transactions you authorize. If you permit someone else to

use an EFT service, your Card or your access code, you are

responsible for any transactions they authorize or conduct on any of

your accounts. However, tell us at once if you believe your Card has

been lost or stolen or if you believe someone has used your Card or

access code or otherwise accessed your accounts without your

authority. Telephoning is the best way of keeping your possible losses

down. You could lose all the money in your account (plus your

maximum overdraft line of credit).

If a transaction was made with your Card or Card number without

your permission, and was either a VISA or Interlink transaction, you

will have no liability for the transaction unless you were grossly

negligent in the handling of your Card. The credit union will be liable

for unauthorized withdrawals at ATMs, unless the unauthorized

withdrawal was due to the loss or theft of your Card, in which case

you will be liable for the withdrawal up to $50, provided you notify us

of the loss or theft of your Card within sixty (60) days of receipt of the

first statement showing the unauthorized withdrawal.

Also, if your statement shows transfers with your Card or Card

number that you did not make, tell us at once. If you do not tell us

within sixty (60) days after the statement was mailed to you, you

may not get back any money lost after the sixty (60) days if we can

prove that we could have stopped someone from taking the money

if you had told us in time. If a good reason (such as a long trip or a

hospital stay) kept you from telling us, we will extend the time periods.

If you believe your Card has been lost or stolen or that someone

has transferred or may transfer money from your account without

your permission, call:

(651) 646-8827

Fax: (651) 646-1834

or write to:

Carpenters Federal Credit Union

720 Olive Street

St. Paul, MN 55101

 

6. Right to Receive Documentation.

a. Periodic Statements. Transfers and withdrawals made

through any ATM or POS terminal, Debit Card transactions,

audio response transactions or preauthorized EFTs will be

recorded on your periodic statement. You will receive a

statement monthly unless there is no transaction in a

particular month. In any case, you will receive a statement

at least quarterly.

b. Terminal Receipt. You will get a receipt at the time you make

any transaction (except inquiries) involving your account using

an ATM, POS terminal, or Debit Card transaction with a

participating merchant.

c. Direct Deposit. If you have arranged to have a direct deposit

made to your account at least once every sixty (60) days from

the same source and you do not receive a receipt (such as a

pay stub), you can find out whether or not the deposit has

been made by calling (651) 646-8827. This does not apply to

transactions occurring outside the United States.

 

7. Account Information Disclosure. We will disclose information

to third parties about your account or the transfers you make:

• As necessary to complete transfers;

• To verify the existence of sufficient funds to cover specific

transactions upon the request of a third party, such as a

credit bureau or merchant;

• If your account is eligible for emergency cash and/or

emergency card replacement services, and you request

such services, you agree that we may provide personal

information about you and your account that is necessary

to provide you with the requested service(s);

• To comply with government agency or court orders; or

• If you give us your written permission.

 

8. Business Days. Our business days are Monday through Friday,

excluding holidays.

 

9. Credit Union Liability for Failure to Make Transfers. If we do

not complete a transfer to or from your account on time or in the

correct amount according to our agreement with you, we may be liable

for your losses or damages. However, we will not be liable for direct

or consequential damages in the following events:

• If, through no fault of ours, there is not enough money in

your accounts to complete the transaction, if any funds in

your accounts necessary to complete the transaction are

held as uncollected funds pursuant to our Funds Availability

Policy, or if the transaction involves a loan request

exceeding your credit limit.

• If you used your Card or access code in an incorrect

manner.

• If the ATM where you are making the transfer does not have

enough cash.

• If the ATM was not working properly and you knew about

the problem when you started the transaction.

• If circumstances beyond our control (such as fire, flood, or

power failure) prevent the transaction.

• If the money in your account is subject to legal process or

other claim.

• If funds in your account are pledged as collateral or frozen

because of a delinquent loan.

• If the error was caused by a system of any participating

ATM network.

• If the electronic transfer is not completed as a result of your

willful or negligent use of your Card, access code, or any

EFT facility for making such transfers.

• If the telephone or computer equipment you use to conduct

audio response or electronic/PC transactions is not working

properly and you know or should have known about the

breakdown when you started the transaction.

• Any other exceptions as established by the Credit Union.

 

10. Notices. All notices from us will be effective when we have

mailed them or delivered them to your last known address in the

Credit Union’s records. Notices from you will be effective when

received by the Credit Union at the address specified in this

Agreement. We reserve the right to change the terms and

conditions upon which this service is offered. We will mail notice

to you at least twenty-one (21) days before the effective date of

any change. Use of this service is subject to existing regulations

governing the Credit Union account and any future changes to

those regulations.

The following information is a list of safety precautions regarding the

use of Automated Teller Machines (ATM) and Night Deposit Facilities.

• Be aware of your surroundings, particularly at night.

• Consider having someone accompany you when the ATM

or night deposit facility is used after dark.

• Close the entry door of any ATM facility equipped with a

door.

• If another person is uncomfortably close to you at the

time of your transaction, ask the person to step back

before you complete your transaction. If it is after the

regular hours of the financial institution and you are using

an ATM, do not permit entrance to any person you do

not know.

• Refrain from displaying your cash at the ATM or night

deposit facility. As soon as your transaction is completed,

place your money in your purse or wallet. Count the cash

later in the safety of your car or home.

• If you notice anything suspicious at the ATM or night

deposit facility, consider using another ATM or night

deposit facility or coming back later. If you are in the

middle of a transaction and you notice something

suspicious, cancel the transaction, take your Card or

deposit envelope, and leave.

• If you are followed after making a transaction, go to the

nearest public area where people are located.

• Do not write your personal identification number or code

on your ATM Card.

• Report all crimes to law enforcement officials immediately.

If emergency assistance is needed, call the police from the

nearest available public telephone.

 

11. Billing Errors. In case of errors or questions about electronic

funds transfers from your share and share draft accounts, telephone

us at the following number or send us a written notice to the following

address as soon as you can. We must hear from you no later than

sixty (60) days after we sent the FIRST statement on which the

problem appears. Call us at:

(651) 646-8827

Fax: (651) 646-1834

or write to:

Carpenters Federal Credit Union

720 Olive Street

St. Paul, MN 55101

• Tell us your name and account number.

• Describe the electronic transfer you are unsure about, and

explain as clearly as you can why you believe the Credit

Union has made an error or why you need more information.

• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint

or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10)*

business days after we hear from you and will correct any error

promptly. If we need more time, however, we may take up to fortyfive

(45)** days to investigate your complaint or question. If we

decide to do this, we will credit your account within ten (10)* business

days for the amount you think is in error, so that you will have the

use of the money during the time it takes us to complete our

investigation. If we ask you to put your complaint or question in

writing and we do not receive it within ten (10) business days, we

may not credit your account.

We will tell you the results within three (3) business days of completing

our investigation. If we decide that there was no error, we will send

you a written explanation. You may ask for copies of the documents

that we used in our investigation.

* If you give notice of an error within thirty (30) days after you make

the first deposit to your account, we will have twenty (20) business

days instead of ten (10) business days.

** If you give notice of an error within thirty (30) days after you make

the first deposit to your account, notice of an error involving a point

of sale transaction, or notice of an error involving a transaction initiated

outside the U.S. its possessions and territories, we will have ninety

(90) days instead of forty-five (45) days to investigate.

 

NOTE: If the error you assert is an unauthorized VISA transaction,

other than a cash disbursement at an ATM, we will credit your account

within five (5) business days unless we determine that the

circumstances or your account history warrant a delay, in which case

you will receive credit within ten (10) business days.

 

12. Termination of EFT Services. You may terminate this

Agreement or any EFT service under this Agreement at any time by

notifying us in writing and stopping your use of your Card and any

access code. You must return all Cards to the Credit Union. You

also agree to notify any participating merchants that authority to

make bill payment transfers has been revoked. We may also

terminate this Agreement at any time by notifying you orally or in

writing. If we terminate this Agreement, we may notify any

participating merchants making preauthorized debits or credits to

any of your accounts that this Agreement has been terminated and

that we will not accept any further preauthorized transaction

instructions. We may also program our computer not to accept

your Card or access code for any EFT service. Whether you or the

Credit Union terminates this Agreement, the termination shall not

affect your obligations under this Agreement for any EFTs made

prior to termination.

 

13. Governing Law. This Agreement is governed by the Bylaws of

the Credit Union, federal laws and regulations, the laws and

regulations of the state of Minnesota and local clearinghouse rules,

as amended from time to time. Any disputes regarding this Agreement

shall be subject to the jurisdiction of the court of the county in which

the Credit Union is located.

 

14. Enforcement. You are liable to us for any loss, cost or expenses

we incur resulting from your failure to follow this Agreement. You

authorize us to deduct any such loss, costs or expenses from your

account without prior notice to you. If we bring a legal action to collect

any amount due under or to enforce this Agreement, we shall be

entitled, subject to applicable law, to payment of reasonable attorney’s

fees and costs, including fees on any appeal, bankruptcy proceedings,

and any post-judgement collection actions.

You may bring a civil action against any person violating the consumer

privacy and unauthorized withdrawal provisions of the Minnesota

Statutes applicable to the use of your Card, and may recover actual

damages or $500, whichever is greater, and punitive damages,

together with court costs and reasonable attorney’s fees incurred.

 

 

 

 

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