- ELECTRONIC FUNDS TRANSFER DISCLOSURE
- FUNDS AVAILABILITY DISCLOSURE
- WIRE TRANSFER DISCLOSURE
This disclosure contains important information about your rights and liabilities, please print it out, read thoroughly and retain with your valuable papers for future reference.
ELECTRONIC FUND TRANSFERS
RULES AND REGULATIONS
The following governs any electronic fund transfer (“Transaction”) made by you, or anyone authorized by you, in connection with your accounts at the Autotruck Financial Credit Union (“Credit Union”), whether initiated by an Automated Teller Machine (“ATM”) or debit card (“Card”), by pre-authorized transaction (transfers authorized on a recurring basis at regular intervals), by audio response, via NetBranch over the Internet, or by other means of access provided now or in the future. We will issue you a Personal Identification Number (“PIN”) (that you may change to a PIN of your choice) which must be used together with the Card to access the regional network of ATMs, or the national network of ATMs, our own ATMs, or Point-of-Sale Terminals (“POS”). Another PIN (that you may change to a PIN of your choice) will also be necessary to access such services as audio response, NetBranch, and other electronic systems made available now or in the future to perform Transactions on your Credit Union accounts.
AGREEMENTS. Transactions may only be performed while your accounts have sufficient balances to complete the Transaction requested. Wrongfully obtaining funds from the Credit Union by use of a Card or PIN constitutes a federal criminal offense, punishable by fine or imprisonment, or both. All terms and conditions of any written agreements that have been previously made between you and the Credit Union regarding the use of the Card and PIN and any of your Credit Union accounts apply to all Transactions, unless any terms or conditions in those agreements conflict with the rules and regulations set forth in this disclosure, in which case the rules and regulations of this disclosure shall control. All Transactions, whether deposits, withdrawals, or transfers, made with the Card or PIN are subject to verification by us. Any card or other instrument issued by us shall supersede the present instruments.
PROPERTY RIGHTS. The Card and the PIN are property of the Credit Union and your right to use these in connection with your Credit Union accounts may be terminated at any time without notice. You will surrender your Card or cease to use your PIN whenever we ask for them. You will not allow any other person possession or use of the Card or PIN. It is your responsibility to prevent disclosure and unauthorized use of your Card and your PIN. If you allow any person to use your Card or your PIN, then you will be held liable for any of their use by that person, unless you notify us that the individual is no longer authorized by you to make Transactions on your accounts. We will, as soon as possible after notification, block further Transactions on your account.
CHANGES. We reserve the right to change or add to these rules and regulations at any time, upon giving you reasonable notice at least 21 days prior to the effective date of the change. Such notice may consist of enclosing a notice on or in the statement of the account or mailing a notice in a special mailing. Notice to any joint account holder of the Card or PIN is notice to all of you. In the event we determine that an immediate change is necessary to maintain or restore the security of the electronic fund transfer services or to any account, then we may make the necessary change without advising you in advance. We can delay enforcing any of our rights against you without losing them.
ELECTRONIC FUNDS TRANSFER DISCLOSURE
YOUR OBLIGATIONS. It is very important to keep your PIN confidential and separate from your Card to prevent someone from using it to make Transactions without your permission.
Generally. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. 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 any. If you tell us within 2 business days, you can lose no more than $50.00 if someone used your Card or PIN without your permission. If you believe your Card or PIN has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.
Tell us AT ONCE, if your statement shows transfers that you did not make. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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.
Additionally. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized Transactions using your lost or stolen Debit MasterCard®. This additional limit on liability does not apply to ATM Transactions or to Transactions using your PIN which are not processed by STAR®.
NOTIFICATION OF LOSS. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (502) 459-8981 or 1-800 459-AFCU (2328); or after business hours for your Debit MasterCard® or ATM Card at 1-800-554-8969; or write: ATM Coordinator, Autotruck Financial Credit Union, 3611 Newburg Road, Louisville, KY 40218.
BUSINESS DAYS. Our business days are Monday through Friday. Credit Union holidays are not included.
ACCOUNT ACCESS. Indicated below are types of Transactions we are capable of handling, some of which may not apply to your account. The information disclosed to you upon receipt of your Card or PIN will control as to access available to you. These Transactions may be at an ATM or POS, through the audio response or NetBranch, or any other terminal or device provided now or in the future that is initiated by use of your Card or PIN or both, including:
- Withdraw cash from your Share Draft or Savings Accounts.
- Make deposits to your Share Draft or Savings Accounts at locations so designated to receive deposits.
- Transfer funds between your Share Draft and Savings Accounts whenever you request.
- Pay for purchases or services at places that have agreed to accept the Card or PIN.
- Balance inquiries for a current amount in your Share Draft or Savings Accounts. This figure may not agree with your records, as some withdrawals, share drafts, or deposits may not yet be posted to your account.
- Use information from a share draft to make a one-time ACH or POS withdrawal from your account.
- Some of these services may not be available at all terminals.
LIMITATIONS. You may make unlimited transfers up to the amount of funds in your Savings and Share Draft Accounts through the ATM, POS, NetBranch or telephone during any one-business calendar day. You also may make unlimited deposits. However, you may only make withdrawals for combined cash total per day per Card as disclosed to you at the time of approval. During any interruption of the electronic services system (“off-line” situation), the dollar amount and frequency of Transactions may be reduced. All Transactions made with the Card or a PIN will be subject to the rules, regulations, bylaws or operating procedures of this Credit Union.
PRE-AUTHORIZED CREDITS. You may make arrangements for certain direct deposits to be accepted into your Share Draft or Savings Accounts.
FEES. Certain fees may be imposed for use of your Card or your PIN as disclosed to you at the time of approval and on the Rate and Fee Schedule you received. If you need information concerning fees for your Accounts, please request a Fee Schedule by calling (502) 459-8981 or 1-800 459-AFCU (2328); or writing ATM Coordinator, Autotruck Financial Credit Union, 3611 Newburg Road, Louisville, KY 40218.
We do not charge for direct deposits, preauthorized payments, or transfers to any type of account.
When you use an ATM that is not operated by us or by an Alliance One participant, you may be charged a fee by the ATM operator of the machine or by an automated transfer network used to complete the transfer and you may also be charged a fee for a balance inquiry.
THIRD PARTY DISCLOSURE. We will disclose information to third parties about your account or transfers you made as follows:
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- In order to comply with a government agency or court orders; or
- If you give us your written permission.
ACKNOWLEDGMENTS. You will receive certain documentation.
Terminal Transfers. You may receive a receipt as an acknowledgment for each Transaction made to or from your account at any device provided by us now or in the future.
Pre-Authorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from any company, individual, or the government, you may call us at (502) 459-8981 or 1-800-459-AFCU (2328) to find out whether or not the deposit has been made.
Periodic Statements. You will receive a monthly statement of your Share Draft Account unless there are no transfers in a particular month. In any case you will get the statement at least quarterly. You will receive a monthly statement on your Savings Account unless there are no electronic funds transfer monetary Transactions in a particular month. In which case you will receive a quarterly or annual statement on your Savings Account.
PRE-AUTHORIZED PAYMENTS. If you have a written agreement with us or any company so authorized to initiate such agreement on your account, then we will debit your account as you ordered with the following conditions.
Right to Stop Payment. If you told us in advance to make regular payments out of your account you can stop these payments. Here’s how:
Call us in care of the Member Services Supervisor at (502) 459-8981 or 1-800 459-AFCU (2328); or write: Member Services Supervisor, Autotruck Financial Credit Union, 3611 Newburg Road, Louisville, KY 40218, in time for us to receive your request 3 business days or more before the payments scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. There may be a fee associated with the stop payment, see the Fee Schedule for details.
Notice of Varying Amount. If these regular payments may vary in amount, the person you are going to pay will tell you, 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. If you order us to stop one of these payments 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. This liability will be limited to the dollar amount of the transfer plus any fees and charges which may result from the transfer.
OUR OBLIGATIONS. 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 will be liable for your losses or damages. However, there are some exceptions. We will NOT BE LIABLE, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If, when applicable by prior agreement, the transfer would go over the limit on your overdraft line.
- If the equipment that you are using does not have enough cash to complete the transaction.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- If the machine malfunctions or ceases to operate during a transaction.
- If you make a mistake using the ATM, Point-of-Sale, or any other terminal device provided now or in the future.
- If we correct the error before the error causes you any actual damage.
- If funds in your account have been attached, garnished, levied against or we are prohibited by law from paying on your account.
- There may be further exceptions stated in agreements with you, which may be changed from time to time without notice to you.
ERROR RESOLUTION NOTICE
In case of questions or errors about your Transactions, call or write us as soon as you can. If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, notify us as soon as you can during business hours:
Call: (502) 459-8981 or 1-800 459-AFCU (2328); or write: Member Services Supervisor, Autotruck Financial Credit Union, 3611 Newburg Road, Louisville, KY 40218; or e-mail: email@example.com
We must hear from you no later than 60 days after we first sent the FIRST statement on which the problem or error appeared.
- Tell your name and account number; and
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- Tell the dollar amount or suspected error.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Debit MasterCard® POS Transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, POS Transaction, or foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Debit MasterCard® POS Transactions and 20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account.
We will tell you the results within three business days after 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.
YOUR ABILITY TO WITHDRAW FUNDS AT AUTOTRUCK FINANCIAL CREDIT UNION
This policy statement applies to Share Draft Accounts. These are our transaction accounts, which permit an unlimited number of payments to third parties and unlimited number of telephone and preauthorized transfers to other accounts our members have with us. Members should feel free to ask us whether any of their other accounts might also be under this policy.
It is the policy of Autotruck Financial Credit Union to make funds from member’s deposits available on the same business day the credit union receives the deposit. Availability includes making the funds available for cash withdrawal and using the funds to pay checks the member has written.
For determining availability of deposits, every day is a business day except Saturdays, Sundays, and federal holidays. We will consider a deposit as being made on a business day if it is made in person to one of our employees. Deposits made at one of our night deposits will be considered deposited on the next business day we are open.
Longer Delays May Apply
In some cases, we will not make all funds that a member deposits by check available on the same business day as the day of deposit. Depending on the type of deposit, funds may not be available until next business day after the day of deposit. However, the first $200 of a member’s deposit will be available on the day the deposit is made.
If we are not going to make all the funds from a member’s deposit available at that time, we will inform the member when the deposit is made. We will also tell a member when the funds will be available. If a deposit is not made directly to one of our employees or if we decide to take this action after a member has left the premises, we will mail the notice to the member on the next business day after we receive the deposit.
If a member will need the funds from a deposit right away, he/she should ask us when the funds will be available.
Funds deposited by check may be delayed for a longer period if:
- we believe a check deposited will not be paid;
- the checks total more than $5,000 on any one day;
- a member re-deposits a check that has been returned unpaid;
- a member overdraws his / her account repeatedly within the previous six months;
- there is an emergency, such as failure of communications or computer equipment.
We will notify a member if his/her ability to withdraw funds is delayed by us for any of these reasons, and will tell that member when the funds will be available.
Special Rules for Deposits Made at ATM’s
Our ATMs. For ATMs that we own or operate, the general policy is as follows. The first $200 of your deposits (cash or checks) will be available for withdrawal on the first business day after the business day of deposit. The remaining funds will be available on the second business day after the business day of deposit. These machines can be identified as either being on the premises of an AFCU branch office or being branded as operated by Autotruck Financial Credit Union.
ATMs not owned by us. Funds from any deposits (cash or checks) made at ATMs that we do not own or operate may not be available until the fifth business day after the day of deposit. This includes any other machine where deposits are accepted.
Special Rules for New Accounts
When a member opens a new account, the following special rules will apply during the first thirty days the account is open.
- The first $5,000 from a deposit of U.S. Treasury checks will be available on the next business day after the day of a deposit. The amount over $5,000 will be available on the ninth business day after the day of a deposit. Funds from wire transfers into an account will be available on the next business day after the day we receive the transfer.
- Funds from a deposit of state or local government, teller, cashier’s, certified, and traveler’s checks will be available on the first business day after the day of a deposit if it meets certain conditions. For example, the checks must be payable to the member. The excess over $5,000 will be available on the ninth business day after the day of the deposit. If the deposit 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 the deposit. Funds from all other check deposits will be available on the fourteenth business day after the day of deposit.
WIRE TRANSFER DISCLOSURE
According to the Bylaws of the Credit Union, Article 4A of the Kentucky Uniform Commercial Code ("UCC"), and Subpart B of Regulation J by the Board of Governors of the Federal Reserve ("Reg J"), the following disclosure governs the movement of funds by means of wire transfers, automated clearinghouse ("ACH") credits and some book transfers on the Credit Union records.
This disclosure sets forth the duties, responsibilities, and liabilities of all parties involved in a funds transfer. Using the Credit Union to send or receive funds transfers shall constitute your acceptance of these terms.
To the extent that the terms of this disclosure are in conflict with any other disclosure previously presented to you concerning the terms and conditions of your membership and your accounts, the terms set forth in this disclosure shall control.
This disclosure applies to funds transfers as defined in Article [LNOPE1] 4A of the UCC and Subpart B of Reg J.
The Credit Union may establish or change cut-off times for the receipt and processing funds transfer requests, amendments, or cancellations. Unless other times are posted for various types of fund transfers, the cut-off time will be at 3:00 p.m. on each day the office is open and which is not a declared federal holiday by the Federal Reserve Board. Payment orders, cancellations, or amendments are received as of the next following funds transfer business day and are processed accordingly.
The Credit Union may charge your account for the amount of any funds transfer initiated by you or by any person authorized by you as joint tenant or other authorized party with the right of access to the account from which the funds transfer is to be made.
The Credit Union may establish, from time to time, security procedures to verify the authenticity of payment order. You will be notified of the security procedure, if any, to be used to verify payment orders issued by you or for which your account will be liable. You agree that the authenticity of payment orders may be verified using that security procedure unless you notify the Credit Union in writing that you do not agree to that security procedure. In that event, the Credit Union shall have no obligation to accept any payment order from you or other authorized parties on the account until you and the Credit Union agree, in writing, on an alternate security procedure.
If you send or receive a wire transfer, Fedwire may be used. Regulation J is the law covering all Fedwire transactions, setting forth your rights and liabilities in a wire transfer involving Fedwire.
If you give the Credit Union a payment order which identifies the beneficiary ("recipient of the funds") by name and identifying or account number, you are responsible to the Credit Union if the funds transfer is completed on the basis of the identification or account number you provided. This is true if the beneficiary's financial institution credits the transaction based only on the identifying or account number, even if it the name on the account is a person different than the named beneficiary.
If you give the Credit Union a payment or which identifies an intermediary or beneficiary's financial institution by name and identifying number, a receiving financial institution may rely on the number as the proper identification even if it identifies a different person than named by the financial institution. Therefore, you are responsible for any loss or expenses incurred by a receiving financial institution which executes or attempts to execute the payment order in reliance on the identifying number you provided.
The Credit Union may give you credit for ACH payments before it receives final settlement of the transfer funds. Any such credit is provisional until the Credit Union receives final settlement of the payment. You are hereby notified and agree, if the Credit Union does not receive such final settlement, that it is entitled to a refund from you of the amount credited to you in connection with that ACH entry. Therefore, you are responsible for funds advanced to you prior to final settlement, and may, if the funds are not actually received by the Credit Union, must repay any funds advanced on your behalf.
ACH transactions are governed by operating rules of the National Automated Clearing House Association. In accordance with these rules, you will receive notice of receipt of ACH items in the periodic statements of your account.
If the Credit Union received funds transfer for you or for other persons authorized to have access to your account, you agree that the Credit Union will provide you with notification of the receipt of all funds transfer by including such items in the periodic statements of your accounts which we provide. You may inquire between receipts of your periodic statements whether or not a specific funds transfer has been received.
If the Credit Union becomes obligated under Article 4A to pay interest to you, you agree that the rate of interest to be paid shall be equal to the declared and calculated rate applicable to the account at the Credit Union to which the funds transfer should have been made or from which the funds transfer was made.
By participating in any such transaction named herein, is in itself your acceptance of these rules, policies, and procedures and any other policy or procedure set forth to you at the time of the transaction.
NEGATIVE INFORMATION NOTICE
FAIR AND ACCURATE CREDIT TRANSACTION ACT (FACT ACT). We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
The information contained herein is current as of 2/2010 and may change at any time.