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M EMBERSHIP BOOKLET
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Membership and Account Agreement
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Funds Availability Policy
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Electronic Funds Transfer
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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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