Membership and Account Agreement

effective October 1, 2026

INTRODUCTION

Your relationship with the Credit Union is also governed by state and federal
laws, which may change from time to time. The body of law is too large and
complex to be reproduced here. The purpose of this Agreement is to: (1)
summarize the rules applicable to common transactions; (2) establish rules
to govern transactions not regulated by state or federal law; (3) establish
variations that will apply to certain rules, events or transactions as permitted
by applicable law; and (4) provide you with certain disclosures and information
regarding our policies as required by law. By signing a Membership Application
or your use or continued use of any account or account services after receiving
this Agreement, notice of its availability or notification of any change in terms,
you, jointly and severally, agree that you understand and agree to the terms
and conditions stated in this Agreement, and the Schedules, as amended from
time to time. This Agreement governs all services whether opened now or
in the future and we may modify, change, add provisions or terms we deem
necessary or in the best interests of the Credit Union, or amend the terms
of this Agreement, the Rate Addendum, Personal or Business Account Fee
Schedules and Privacy Policy at any time, and any change shall be immediately
effective unless otherwise specifically required by applicable law. For active
military members and dependents, any terms or conditions herein contrary to
the Military Lending Act (“MLA”) are void for the period(s) during which you
are entitled to the protections of the MLA.
This Agreement applies to new and existing consumer and business accounts
and, together with the following documents, is your contract with LGE
Community Credit Union (herein “Credit Union”) and constitutes the
“Agreement” that governs your account with Credit Union: 1) The Consumer
Account Fee Schedule (“Consumer Fee Schedule”) or the Business Account
Fee Schedule (“Business Fee Schedule”), 2) Our dividend rate addendum
for interest-bearing accounts, 3) Our privacy notice, and 4) Any additional
disclosures, amendments, or addenda we provide to you.
In this Agreement, when we say “Credit Union,” “we,” “us,” and “our,” we are
talking about the Credit Union. “You” and “your” means each account owner,
authorized signer, and any other person authorized to operate your account.
When we say “We may” or “Credit Union may” do something, that means you
authorize us and agree to such action.
This Agreement replaces all prior agreements regarding your account,
including any verbal or written statements or representations. When you
sign a membership application or use your account, including any account
service, you and anyone else identified as an owner or authorized signer on
your account consent to the terms of this Agreement. We regularly update
this Agreement. You are responsible for ensuring that you and any authorized
signer are familiar with this Agreement. If you keep your account open after
we change this Agreement or end a fee waiver, you agree to the changes. We
recommend you keep a copy of this Agreement, including any changes, for
as long as your Credit Union accounts are open. You can get a copy of the
current Agreement at a local branch, by visiting www.lgeccu.org, or by calling
us at the phone number provided herein.
This document contains various defined terms with specific meanings. Some
defined terms are defined within the section in which they are used.
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Questions? We’re here for you,
ONLINE VISIT LGECCU.ORG
PHONE
CONSUMER BANKING
770-424-0060
BUSINESS BANKING
770-424-0060
DEAF OR HARD-OFHEARING
MEMBERS
WE ACCEPT ALL RELAY
CALLS, INCLUDING 711
MAIL
LGE Community Credit Union
Member Communications
P. O. Box 1188
Marietta, Georgia 30061
MEMBERSHIP ACCOUNT AGREEMENT –
GENERAL TERMS AND CONDITIONS
This Agreement and the applicable Rate Addendum and Fee Schedule
consumer or business, as applicable (“Fee Schedule”) explain the rules
which govern your account(s) and account services with us. Please read this
Agreement and the Schedule carefully.
Terms, Conditions and Limitations of Your Relationship with the Credit Union
The following terms govern our relationship with you. All Credit Union
services are further governed by the terms and conditions set forth in any
future agreements and/or disclosures together with the Credit Union’s
Bylaws, Policies and Procedures, which are herein collectively referred to as
“Agreement”. Summaries of the Credit Union’s Member Conduct, Behavior and
Loss Policies are provided herein; and you agree to abide by these terms at all
times. To the extent there is any conflict between the terms of this Agreement
and any of these items or any other documents, the terms of this Agreement
shall govern unless the other documents expressly provide otherwise. This
Agreement governs all services whether previously opened now or being
opened in the future. This Agreement is binding upon the account owner and
all parties hereto together with their heirs, successors, assigns and any other
person claiming any right or interest under or through said parties. You agree
at all times that you will comply with all Applicable Laws. “Applicable Laws”
shall include: “(i) Visa® U.S.A. Inc. Bylaws, Visa U.S.A. Inc. Operating Regulations,
Visa U.S.A. Inc. Certificate of Incorporation, Visa International Bylaws, and Visa
International Operating Regulations; (ii) NACHA’s (The National Automated
Clearing House Association) Operating Rules May change to local ACH; (iii)
the Operating Regulations of any network through whom you initiate or
process any transaction(s); and (iv) any and all laws, treaties, rules, regulations,
or regulatory guidance of the government of the United States, as the same
may be amended and in effect from time to time; and you agree that such
Applicable Law shall govern despite any other general or specific terms or
conditions set forth in the entirety of this Agreement. The Credit Union is not
in any way limited in the use of the name of any person or entity that claims
trademark, copyright or other such status regarding a name in the ordinary
course of Credit Union business, in providing any services we may offer; or
in using such name in any other manner authorized by our agreements or
applicable laws. Personal/Business: Unless an account is expressly opened
for business, you agree that all accounts and services will be for personal,
family and household purposes. If we in our discretion ascertain that you are
not complying with this obligation, we may require the account(s)/services(s)
be closed or converted to an appropriate account. Disabilities: We will
accommodate reasonable requests to assist members with disabilities. Please
notify us of any disability and/or accommodation requests.
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Rate Addendum and Personal/Business Account Fee Schedule(s)
All Account rates, fees we may charge, limitations, and other important features
of your accounts and services with us are addressed in the accompanying Rate
Addendum and Fee Schedule(s), which are incorporated herein by reference as
an important part of this Agreement.
Compliance with Laws and Inappropriate Transactions or Account Relationship
You agree to comply with all laws, rules and regulations. You also warrant and
agree that you will not use any Credit Union Accounts or Services, including
but not limited to loans, to make or facilitate any illegal or inappropriate
transaction(s) as determined by applicable law as we in our discretion may
deem inappropriate; and that any such use, including any such authorized use,
will constitute a breach of this Agreement. Certain federal and/or state laws or
Third-Party Service Providers’ Rules may limit or prohibit certain transactions.
The Credit Union may decline to accept, process or pay any transaction that
we believe to be illegal, improper or unenforceable (regarding your obligation
to pay us or otherwise) under applicable law; or which is otherwise limited or
prohibited, including but not limited to any transaction involving or relating to
any gambling activity. You understand and agree such limitations/prohibitions
are not within the Credit Union’s control and that the Credit Union will not
have any liability, responsibility or culpability whatsoever for any such use by
you or any authorized user(s); or for declining to accept, process, or pay any
such transaction.
Restrictions on Accounts
The Credit Union may limit, deny, close, or terminate any account or service
that we deem to constitute a breach of this Agreement. Unless an express
exception is made by the Credit Union in its sole discretion, we do not offer
services to “Money Service Businesses”, “Internet Gambling Businesses” and
“Cannabis Businesses”, or other businesses that we determine violate the
limitations in this Section. By way of illustration: “Cannabis Businesses” are
defined by the Credit Union to be any person or business that (i) engages in
the sale, production or storage of any form of cannabis, marijuana or hemp,
and/or (ii) is required to be licensed and/or registered with a government
entity due to the business engaging in an activity related to any cannabis
related industry. The Credit Union may, at its sole discretion, also apply these
restrictions on other businesses or individuals directly or indirectly related to
a cannabis business.
Credit Union’s Right to Investigate
It is agreed that it is critical to the Credit Union and its members that the
Credit Union have full rights to investigate all transactions, methods and
means of making transactions to protect its members and the Credit
Union. Therefore, it is agreed that upon notification of any claim of error,
unauthorized transaction(s) or other notification related to or arising from any
transaction(s), methods or means of making transactions the Credit Union shall
have full rights of investigation to extend to all persons, means and methods
of making transactions. It is expressly agreed that this shall specifically include
the right to inspect and scan a member’s or users access device(s) including but
not limited to computers, tablets and smartphones; and to report the Credit
Union’s findings of such investigation to all owners and/or users.
Credit Reports, Membership-Account Eligibility, Other Credit Union Services
and Social Media
To verify your eligibility or continued eligibility for membership, any
account(s), service(s), or loan products; increases or decreases in services
and/or credit limits, now and in the future; or as needed to comply with any
applicable law, regulation or governmental agency requirements including
but not limited to escheatment/abandoned property, privacy, or other
issues that may affect your rights, or pursuant to any reasonable actions we
take to ensure our compliance with such laws, regulations or governmental
agency requirements (all of which are deemed permissible purposes by you
and us) you authorize us to make inquiry to verify your information; to
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determine your employment history; and to obtain information concerning
any accounts with other institutions and your credit history from time to
time, including consumer credit reports. You agree that this authority applies
to any account, account-related service, loans or other financial products
you request or which we may offer or make available to you. We may also
report information concerning your account(s) and credit to others. You also
understand that you may elect from time to time to use Credit Union or other
parties’ social media tools and sources; that there is no claim of privacy or
privilege regarding information shared or discernible from such use or sharing;
and the use of such information by us does not violate your privacy or other
rights. If you have consented to communicating with us via social media, we
may use any social media addresses you may establish from time to time.
Privacy in Addition to the Credit Union’s General Privacy Policy
Privacy and Confidentiality. Every person on the Credit Union’s premises has
the expectation and right that their private and confidential information will
be protected and remain private and confidential. Thus, the Credit Union
prohibits any third party photography, filming or recording of any type using
any device that has or may have the potential to record by any means on any
Credit Union premises, including at or near any ATM or other device which
may display or allow determination of confidential information without the
Credit Union’s prior express permission. The Credit Union’s general privacy
policy is provided later in this Agreement or via a separate disclosure provided
at account opening.
Agreed Exception to Privacy Restrictions: Fraud or Financial Exploitation: It is
agreed that fraud and financial exploitation are serious matters that can expose
both members and the Credit Union to risks and losses. This particularly
affects the elderly but can harm anyone. To help combat suspected fraud
and financial exploitation it is agreed that the Credit Union may report such
suspicions to persons (including but not limited to family members) who we
in good faith believe may be able to provide assistance and/or protections.
The option to report is completely voluntary and imposes no obligations on
the Credit Union.
Reassignment of Account Numbers, Access Devices and Related Matters
If we suspect fraud, illegal or improper activity, or if we have any legitimate
need to make changes pursuant to Credit Union policies or operational
requirements; we may, at our discretion, transfer your existing account(s) to
replacement account(s) with a new account number(s). We may also make this
reassignment when your account is reported compromised by you. If we issue
you a replacement account number, all terms of this agreement will continue
to apply, without interruption, as if you retained the discontinued account
number. We may also reissue new access devices, and require you change
access via usernames, passwords and other actions as deemed necessary to
accomplish the purposes for any reassignment hereunder. You agree that this
will not create a new member relationship and our existing relationship will
continue uninterrupted with this reassignment.
LIEN AND COLLATERAL RIGHTS OF THE CREDIT UNION
Statutory and Consensual Liens on Shares (Cross-Collateralization)
By signing the Membership Application or other agreement conveying a
pledge or security interest in shares, or your use of any accounts or services,
you have given the Credit Union a lien on any and all funds (“shares”) in all
joint and individual share accounts, together with all dividends, regardless
of the source of the shares or any individual owner’s contributions. This
lien secures any account owner’s joint and individual obligations to us now
or in the future, whether direct, indirect, contingent, or secondary; and
has priority over all other claims. You agree that this lien is created and/or
impressed, as applicable, as of the first date that any applicable account is
opened with us. This lien secures all debts you owe us, including but not
limited to those arising pursuant to any loan agreements, or under this
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Agreement, or arising from any insufficient funds item; or fees; or costs; or
expenses; or any combination or all of the above. You authorize us to apply
shares to any obligations owed to us if you default or fail to pay or satisfy
any obligation to us, without any notice to any account owner or other
party. The Credit Union’s rights are immediate and apply to all accounts.
Right of Set-Off
You agree that the Credit Union at all times retains the common law equitable
right of set-off against shares with regard to any debt or obligation owed to
us individually or otherwise, which right may be exercised by us without legal
process or notice to any account owner.
Right to Repayment of Indebtedness
You each agree that we may (without prior notice) charge against and deduct
from this account any due and payable debt owed to us now or in the future,
by any of you having the right of withdrawal, to the extent of such persons’
or legal entity’s right to withdraw. Funds may be applied from any account
in which you have a beneficial interest; and may include funds regardless of
the source including but not limited to deposits of funds representing the
payment of Social Security, Veterans benefits, or any other funds that may
be subject to limitations under federal or state laws. Any application of funds
hereunder shall be deemed a voluntary transfer that you have authorized. If
the debt arises from a note, “any due and payable debt” includes the total
amount of which we are entitled to demand payment under the terms of the
note at the time we charge the account. This includes any balance for the due
date which we properly accelerate under the note. Our right to repayment
does not apply to this account if: (a) it is an Individual Retirement Account or
other tax-deferred retirement account, (b) the debt is secured by a security
deed in favor of us, and is secured by your principal residence, or (c) the
debtor’s right of withdrawal arises only in a representative capacity. We will
not be liable for the dishonor of any check when the dishonor occurs because
we charge and deduct an amount you owe us from your account. You agree
to hold us harmless from any claim arising as a result of our exercise of our
right to repayment.
Status Quo – Collateral Preservation
You specifically agree that all shares on deposit constitute collateral for all
obligations owed to the Credit Union. You agree that the Credit Union has
the right to preserve this collateral, and may use appropriate administrative
procedures (including but not limited to placing a temporary hold or “freeze”
on such funds) to safeguard such funds if the Credit Union at any time has
reason to believe such collateral may be impaired or at risk due to any default,
bankruptcy, breach of any agreement or promise, or as otherwise provided
for by our agreements or applicable law, without notice to any owner. In the
case of any bankruptcy proceeding, the Credit Union has a right to preserve
such collateral as set forth herein as cash collateral; and is not required to
surrender or turnover such collateral absent the owner’s filing any appropriate
motions and the entry of an order either providing for adequate protection
of the Credit Union’s rights in such collateral, or modifying or terminating the
automatic stay as to such collateral. You further agree that the Credit Union’s
exercise of this right to safeguard or “freeze” funds on deposit shall not
constitute a violation of the automatic stay afforded by the Bankruptcy Code.
OPENING ACCOUNTS
This section applies to consumer accounts only unless
otherwise specifically noted.
Forms of Account Ownership
You can open an account that you own alone, or with more than one person. If
the account is owned by more than one person, it’s considered a joint account.
Different Types of Joint Account Ownership
For joint accounts, we treat all owners, who are referred to in this Agreement
as “co-owners,” as joint tenants with right of survivorship (described below),
unless:
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• Applicable state laws expressly require other treatment, or
• We agree in writing that the account may be owned in some
other way
Regardless of how your account is owned, we don’t keep a separate record
of each co-owner’s interest in the account. We act on instructions from any
co-owner (or a co-owner’s authorized representative) without obtaining other
co-owners’ consent, including withdrawing or transferring funds, making
payments, or closing the account. We may accept orders, instructions, and
requests for future services from any owner, which shall be binding on all
owners. Any account owner may withdraw funds, stop payment of items/
transactions (regardless of who ordered the payment), transfer or pledge to us
all or any part of the shares in any account, and block, terminate or discontinue
or close any transaction or service without the consent of the other owner(s)
regardless of their contributions to the account, and whether any other coowner
is incapacitated or deceased, or whether the account includes a right
of survivorship. We have no obligation to notify other owner(s) of any pledge
or other actions, orders or instructions by any owner. Each owner is jointly
and severally liable for all returned items, overdrafts or any other obligations
owed to the Credit Union as a result of any transaction(s) on a joint account,
regardless of the drawer, user or authorized user who orders or causes said
transaction(s).
Joint tenants with right of survivorship: Unless your membership account card
specifically indicates otherwise, you agree that it’s your intention to create
a joint tenancy with the right of survivorship (a form of ownership) in any
multiple party account and if one or more of the multiple party owners dies,
his or her interest in the account passes to the remaining owners; unless subject
to our right of set-off or a pledge of the funds in the account(s), in which case
all sums in the account(s) will belong to us regardless of contributions, up to
the amount of the obligation(s) owed. We may not release any funds to a
survivor until all required legal documents are delivered to us.
Tenants-in-common: When you hold an account as tenants-in-common and
one owner dies, the account is payable in whole or in part to any surviving coowner
or the deceased owner’s authorized representative, heirs, or successors.
This is subject to our rights under this Agreement including but not limited
to our lien on shares, cross-collateralization of specific member pledges of
shares.
Community property: An account is held as community property under state
law when spouses have equal and undivided interests in the account during
their lifetimes. When one spouse dies, ownership does not automatically
pass to the survivor; rather, the deceased spouse can pass his or her interest
through a will. Community property does not exist in every state.
Joint Owners and Responsibility for Liabilities on Your Account
Each joint owner is individually and jointly responsible for any overdraft on
your account, regardless of who caused or benefited from the overdraft.
If there’s a set-off, an enforcement of our lien or security interests in your
account, or legal action (such as a third-party garnishment, seizure, forfeiture,
or tax levy) affecting any co-owner, we may treat all funds in the account
as belonging to the owner against whom the set-off, enforcement of the
security interest, or other legal action is directed. If your account is closed
for unsatisfactory handling, we may report all joint owners to the consumer
reporting agencies.
Beneficiary Account
Beneficiary accounts are governed by your agreements with the Credit
Union and applicable state law. The account instructs us that the designated
account is payable to the owner(s) during their lifetimes, and upon death of
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the last account owner, is payable to the beneficiary(ies) designated by your
Membership Application and pursuant to applicable laws; unless subject to
our right of set-off or a pledge of the funds in the account(s), in which case all
sums in the account(s) will belong to us up to the amount of the obligation(s)
owed. Either owner, during their lifetime, may change any designated
beneficiary by written direction to us. If any beneficiary is not of legal age
at the time the account(s) are to be paid to beneficiaries hereunder, then
we will make a check payable to the named beneficiary and deliver it to the
person who presents themselves to be the parent or legal guardian of such
beneficiary or as otherwise allowed by applicable law; and upon such payment
you agree that we are released from any and all claims and obligations and shall
be indemnified per the provisions of this Agreement. Beneficiary accounts are
“without rights of survivorship;” meaning that if all named beneficiaries predecease
the owner(s) the applicable funds shall be paid to the estate of the
last surviving owner. It is further agreed that upon the vesting of any interest
in any rights of a beneficiary all sums payable shall be subject to any right of
set-off between us and the beneficiary.
Custodial Account - Uniform Transfers/Gifts to Minors Act Account
All grantors, custodians and beneficiaries agree to the terms of this paragraph.
If you have signed an account as custodian for a beneficiary under an applicable
UGMA and/or UTMA, your rights and duties are governed by that Act. Since
the 50 states provides varying ages for distribution to the beneficiary; and
the grantor, the custodian and/or the beneficiary may move; and you wish
to direct when distribution may be made, you have instructed and agreed
that when the beneficiary reaches the age of majority in the state in which
they reside, the funds in any UGMA/UTMA may be paid or withdrawn by the
beneficiary without notice or further action by us as this is the intent of the
party establishing the account.
Minor Account
We may require any account with a minor include a joint owner that is legally
able to enter into binding contractual agreements. As a joint owner, we may
make payments of 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 right to access the account other than in a custodial
capacity. We have no duty to inquire about the use or purpose of any
transaction by the minor, parent or guardian or any account owner. All owners
agree that we will automatically change the youth savings or young adult
savings to an age appropriate savings account. All standard account products
and services or the continuation of products and services will be available
based on eligibility. If a required joint owner is removed from the account by
death or otherwise, we have the right to suspend all account activity until a
new joint owner is placed on the account who is a recognized legal guardian;
or pursuant to any cognizable court order.
Transfer of Account Ownership
If you want to transfer account ownership to another person, we must
consent and note it in our records before the transfer is valid and binding on
us; however, we’re not responsible for determining whether such transfer is
legally valid. Assignment of your account is subject to our lien, pledger and setoff
addressed in this Agreement or other agreements with us. This Agreement
is binding on your personal representatives, executors, administrators, and
successors, as well as our successors and assigns.
When an Owner Does Not Sign Account Documentation
Applies to both Consumer and Business Accounts: If a person or entity
identified in our records as an owner or a co-owner of an account does not sign
any account-related documentation (including the membership application),
we still may treat them as an owner or a co-owner of that account, in our sole
discretion; and we are not liable to anyone as a result.
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Death or Legal Incompetence of an Authorized Signer or Account Owner
Please notify us promptly if you learn or suspect an account owner or signer
has been declared incompetent by a court or other legal authority, or has
died. When we receive proper notice, we may:
• Freeze the account until we receive documents verifying
the incapacity or death and instructions regarding the funds
remaining in the account,
• Pay (without inquiring) any item authorized by the account
owner before being declared legally incompetent or
deceased,
• Return or reverse deposits, and
• Apply funds in the account to any debt the account owner
owes us before recognizing the rights of a surviving joint
owner or other person to any remaining funds
If we release funds after the account owner’s death and have to pay tax or
reclamation claims to a government agency as a result, the account owner’s
estate is responsible for reimbursing us.
Consumers and Sole Proprietors Only: If an account owner dies or is declared
legally incompetent, we may comply with court orders and legal documents,
and take direction from affiants, court-appointed representatives, guardians,
or conservators from your state of residence, even if different than where the
account was opened except as otherwise required by applicable law or court
order. We may require additional documentation be provided to us before
complying with the directives. We may require U.S. court documents for
members residing outside of the U.S. at the time of incompetence or death.
For Business Account Owners: Businesses must provide us documentation
of any change in ownership or control of a business upon the death or legal
incompetence of a business owner. Businesses must also provide us any
documentation we require to document a change in authorized users before
we are obligated to recognize any such changes.
“Authorized User”; “Authorized Use”; Agentic Commerce Shopping Bots:
means any person who has actual, implied or apparent authority, or to
whom any owner has at any time given any information, access device
or documentation that enables such a person to access, withdraw, make
transactions to or from your accounts, or to use any of your account services.
This shall include any “agentic commerce”/”shopping bots” you authorize
(this includes but is not limited to Walmart’s Sparky AI tool that helps with
potential orders and can place orders, recurring or otherwise). If you have
a joint owner on an account that has access to the joint account (online or
otherwise) you understand that this owner or authorized user may access
all accounts and services associated with the account and all other accounts
having the same account prefix (i.e. account number and all suffixes associated
with said account number). If you authorize anyone to use your access devices
that authority shall continue until you specifically revoke such authority by
notifying the Credit Union in writing or as required by applicable laws. If we
or any of our agents contact you regarding any transaction(s) and you verify
the transaction(s) you agree we may rely on your verification; and that any
such transaction(s) shall be deemed authorized by you. If you fail to maintain
the security of these access codes and the Credit Union suffers a loss, or
otherwise makes a determination that the Credit Union is at risk for potential
loss, we may terminate any or all of your account services immediately. This
definition is intended to be construed broadly and includes without limitation
all users acting under a written document such as a power of attorney as well
as any person or entity that is authorized to make deposits or debits to or
from your accounts with us.
DEPOSITING FUNDS
There are many ways for you to deposit funds into your account: at branch
locations, through Online Banking, ATMs, etc. You should be aware of your
responsibilities when you make deposits. We exercise ordinary care when collecting
a deposited item but are not responsible for any other financial institution’s
treatment or loss of the item. If a deposited item is lost or destroyed during
processing or collection, you agree to provide all reasonable assistance to help us
reconstruct the item.
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Deposit Accuracy
It’s your responsibility, not ours, to confirm the accuracy of the amount you
deposit. If we determine a discrepancy exists between the declared and the
actual amount, we may debit or credit your account and we may notify you
if any adjustments are made. We can also use the declared amount as the
correct amount to be deposited and not adjust a discrepancy if it’s less than
our standard adjustment amount. We may vary our standard adjustment
amount from time to time without notice and use different amounts
depending on account type. In handling deposits to your account, we act only
as your agent for collection and assume no responsibility beyond the exercise
of ordinary care.
Analyzed Business Accounts: You may request that the Credit Union adjust deposit
discrepancies identified during any verification regardless of the standard
adjustment amount.
Notify Us of a Discrepancy: You must notify us within the applicable time
frame below or we may consider the deposit correct.
• Consumer Accounts: Please notify us within sixty (60) days
after your account statement is available to you
• Business Accounts: Please notify us within thirty (30) days
after your account statement is available to you
If you fail to notify us in a timely manner and the actual deposit is less than
the amount on the statement, the difference is your property; if the actual
deposit is more, the difference is the Credit Union’s property.
Verifying Transactions
We don’t verify all transactions but have the right to verify any, including
those for which we have provided a receipt. We may reverse or adjust, at any
time without prior notice to you, any debit or credit we believe we have made
to your account by mistake or any other reason including where we believe
fraud or any impropriety may be involved in the transaction.
Sending an Item for Collection
We may, upon notice to you, send an item for collection instead of treating
it as a deposit. This means we send it to the issuer’s financial institution for
payment, and your account won’t be credited for the item until we receive
payment. Our Availability of Funds Policy does not apply to an item we accept
for collection.
Our Right to Decline Deposits
We may decline all or part of a deposit, including cash. This could happen
if a payee isn’t a co-owner, authorized signer, or authorized representative
on your account, we can’t verify an endorsement, the check was issued from
a credit account, the check looks suspicious, or it’s a non-U.S. item. If we
decline a deposit that you mailed to us, we may return it to you at your cost
(including charging you for postage and handling to return foreign currency
coin or paper), or retain any invalid checks or other documents included in the
deposit without crediting your account, at our discretion.
If we cannot verify an endorsement, we can also decline to pay, cash, or send
the item for collection. We can require that all endorsers be present and that
you deposit the item instead of cashing it.
Any person wanting to make a cash deposit must provide an acceptable form
of identification before we accept a cash deposit.
Requirements for Correct Endorsement
An endorsement is a signature, stamp, or other mark on the back of a check
to transfer, restrict payment, or make the signer responsible for the check. If
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you have not endorsed a check that you deposited to your account, we may
endorse it for you. Any endorsement must be in the 1-1/2-inch area that starts
on the top of the back of the check. Do not sign or write anywhere else on
the back of the check. If an item is submitted via Remote Deposit Capture
or Mobile Deposit Capture you agree that you will use the Mobile Deposit
service to scan only original checks payable to and properly endorsed by you
by signing your name(s) and writing “LGE MOBILE DEPOSIT ONLY”.
Multiple Payees: Unless a check, share draft, or other instrument expressly
indicates that the item is payable to conjunctive payees (e.g., “A and B”),
the instrument shall be deemed payable in the alternative. If there is any
ambiguity, the instrument shall be deemed payable in the alternative.
We may refuse to cash a check made payable to you or joint owners but may
instead require you to deposit the check into your account.
Restrictions on Checks are Not Binding
The Credit Union is not obligated to follow restrictions or notations written
on a check such as, “void after six months,” or “payment in full.” You are
responsible for any resulting loss or expense.
Substitute Checks
A substitute check is created from an original check; under federal law, it’s
legally equivalent to the original check and can even be used as proof of
payment. A substitute check contains an accurate copy of the front and back
of the original and bears the legend: “This is a legal copy of your check. You
can use it the same way you would use an original check.” Any check may be
returned to you in the form of a substitute check. You agree that you won’t
transfer a substitute check to us, by deposit or otherwise, if we would be the
first financial institution to take the substitute check, unless we have expressly
agreed in writing to take it.
Non-U.S. Items
A non-U.S. item is an item: (1) Payable in a currency other than U.S. dollars; (2)
Drawn on a financial institution that isn’t organized under U.S. law; or (3) That
is an incoming funds transfer remitted in a currency other than U.S. dollars.
We are not required to accept a non-U.S. item for deposit or collection, but
we may accept it on a collection basis without your specific instruction to do
so. We can reverse any amount we have credited to your account and send the
non-U.S. item on a collection basis even if we have taken physical possession
of the item.
If we accept a non-U.S. item, the U.S. dollar amount you receive for it will be
determined by the applicable exchange rate that is in effect at the time of
deposit or our receipt of final payment (less any associated fees) of the non-
U.S. item. Our Availability of Funds Policy does not apply to a non-U.S. item.
Items Returned Unpaid
If an item you deposited or cashed is returned to us unpaid, we can deduct
the amount from any account you have with us. We can do this when we’re
notified that the item will be returned and don’t need to receive the actual
item. We can do this even if the balance in your account isn’t sufficient to
cover the amount we hold or deduct, causing an overdraft. In addition, we’ll
charge you all applicable fees and reverse all interest accrued on the item.
We may place a hold on or charge your account for a deposit if a claim is
made or we otherwise have reason to believe the deposited item was altered,
forged, unauthorized, missing a signature or has a forged endorsement, or
should not have been paid for any other reason. When the claim is finally
resolved, we’ll either release the hold or deduct the amount of the item from
your account. We’re not responsible if we take, or fail to take, any action to
recover payment of a returned deposited item.
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Reversal of an Electronic Payment
If an electronic payment credited to your account, such as a direct deposit, is
reversed, we can deduct the amount from any account you have with us, at
any time, without notifying you. You agree to promptly repay any resulting
overdrafts.
Deposit by Mail
You can make deposits to your account(s) by mail, although we cannot accept
cash or foreign checks.
Direct Deposits
You must notify us at least thirty (30) days prior to any direct deposit or
preauthorized transfer if you wish to cancel or change the direct deposit or
direct transfer option.
Direct Deposit or Transfer Authorization/Bankruptcy: If you file bankruptcy
and fail to cancel any instructions in your direct deposit or transfer
authorization, then you hereby instruct your employer and us to continue to
make and apply deposits, make loan payments in order to avoid delinquency
and other transfers in accordance with your authorization, until written
notification is received by us to discontinue any payments or transfers.
AVAILABILITY OF FUNDS POLICY
Your Ability to Withdraw Funds
Our general policy is to make funds from your check deposits to your
checking or savings account (in this policy, each account) available to you on
the first business day after we receive your deposits. Incoming wire transfers,
electronic direct deposits, cash deposited at a branch, and the first $275 of a
day’s check deposits at a branch, will usually be available on the day we receive
the deposits. Once funds become available, you can withdraw the funds in
cash and we will use the funds to pay checks and other items presented for
payment and applicable fees that you have incurred.
Determining the Day Your Deposit is Received by the Credit Union
For determining the day your deposit is received by the Credit Union, every
day is a business day, except Saturday, Sunday, and federal holidays. If you make
a deposit on a business day that we are open, we will consider that day to be
the day your deposit is received by the Credit Union. However, if you make
a deposit on a day we are not open, we will consider the day your deposit is
received by the Credit Union to be the next business day we are open.
ACH Debit Transfers Originated by the Credit Union
If LGE initiates an ACH debit, requested by you, which would be a credit of
funds to your LGE account and debit from your account at another financial
institution, these funds from the transfers will be posted to your account and
made available no later than the close of business on the third (3) business day
after the day the transfer was processed, at which time you may withdraw the
funds for cash, send a wire transfer, and pay checks you have written.
Deposits at ATMs
If you make a deposit at an ATM identified as ours with the Credit Union’s name,
the first $275 from the aggregate of all other deposits made on any given day will
generally be made available on the following business day. If you make a deposit
at an ATM that is not identified as ours with the Credit Union’s name, your deposit
will not be available until the fifth business day after the day of the deposit.
Deposits at a Night Depository
Deposits made to a Night Depository are collected and processed every
business day at 9:00 a.m. Deposits made after 9:00 a.m. or on a day we are not
open will be processed on the next business day we are open.
Deposit By Mail
Deposits you send by mail are considered deposited on the business day it
arrives at the branch of deposit
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Longer Delays May Apply
In some cases involving paper checks, we will not make the first $275 of a
business day’s check deposits available to you on the day we receive the
deposits. Further, in some cases, we will not make all the funds that you
deposit by check available to you on the first business day after the day of
your deposit. Depending on the type of check that you deposit, funds may
not be available until the second business day after the day of your deposit.
The first $275 of your deposit, however, may be available on the first business
day after the day of your deposit.
Except as otherwise explained in this paragraph, if we are not going to make all
funds from your deposit available on the business day of deposit or the first
business day after the day of deposit, 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 a Credit Union employee, or if we decide to
take this action after you have left the premises, we will mail you the notice
by the first business day after we receive your deposit.
If you need the funds from a deposit right away, you should ask us when the
funds will be available.
In addition, funds you deposit by check may be delayed for a longer period
under the following circumstances:
• We believe a check you deposit will not be paid
• You deposit checks totaling more than $6,725 on any one
day
• You re-deposit a check that has been returned unpaid
• You have overdrawn your account repeatedly in the last six
months
• There is an emergency, such as failure of computer or
communications 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. The funds will
generally be available no later than the seventh business day after the day of
your deposit.
Special Rules for New Accounts
If you are a new member, the following special rules may apply during the first
thirty (30) calendar 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 received from incoming wire transfers and cash deposited
at a teller window and at a Credit Union ATM will be available on the day we
receive the deposit. Funds from your check deposits will be available on the
business day after the day we receive the deposits; no funds from a business
day’s check deposits are available on the day we receive the deposits. If we
delay the availability of your deposit the following special rules may apply:
• The first $6,725 of a day’s total deposits of cashier’s, certified,
teller’s, travelers, and federal, state, and local government
checks, and U.S. Postal Service money orders made payable
to you will be available on the first business day after the
day of your deposit
• The excess over $6,725 and funds from all other check
deposits will be available no later than the fifth business day
after the day of your deposit. The first $275 of a day’s total
deposit of funds from all other check deposits, however,
may be available on the first business day after the day of
your deposit
We will notify you if we delay your ability to withdraw funds and we will tell
you when the funds will be available.
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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 cash would have been available if you had deposited it.
If we accept a check for deposit that is drawn on another financial institution,
we may make funds from the deposit available for withdrawal immediately but
delay your ability 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 until the time periods that are described in this policy.
Foreign Checks
The Credit Union does not accept or process checks drawn on financial
institutions located outside the U.S. (foreign checks). Only checks payable
through a U.S. financial institution with routing numbers and payable in U.S.
dollars will be subject to the Availability of Funds Policy.
Substitute Checks and Your Rights
What is a Substitute Check? To make check processing faster, federal law
permits financial institutions to replace original checks with “substitute
checks.” These checks are similar in size to original checks with a slightly
reduced image of the front and back of the original check. The front of a
substitute check states: “This is a legal copy of your check. You can use it the
same way you would use the original check.” You may use a substitute check
as proof of payment just like the original check. Some or all of the checks
that you receive back from us may be substitute checks. This notice describes
rights you have when you receive substitute checks from us. The rights in this
notice do not apply to original checks or to electronic debits to your account.
However, you have rights under other law with respect to those transactions.
Your Rights Regarding Substitute Checks: In certain cases, federal law provides a
special procedure that allows you to request a refund for losses you suffer if a
substitute check is posted to your account (for example, if you think that we
withdrew the wrong amount from your account or that we withdrew money
from your account more than once for the same check). The losses you may
attempt to recover under this procedure may include the amount that was
withdrawn from your account and fees that were charged as a result of the
withdrawal (for example, returned check fees). The amount of your refund
under this procedure is limited to the amount of your loss or the amount
of the substitute check, whichever is less. You also are entitled to interest
on the amount of your refund if your account is an interest-bearing account.
If your loss exceeds the amount of the substitute check, you may be able
to recover additional amounts under other laws. If you use this procedure,
you may receive up to $2,500 of your refund (plus interest if your account
earns interest) within ten (10) business days after we received your claim and
the remainder of your refund (plus interest if your account earns interest) no
later than forty-five (45) calendar days after we received your claim. We may
reverse the refund (including any interest on the refund) if we later are able to
demonstrate that the substitute check was correctly posted to your account.
How Do I Make a Claim for a Refund? If you believe that you have suffered
a loss relating to a substitute check that you received and that was posted to
your account, please mail us at:
LGE Community Credit Union, Accounting Department,
P.O. Box 1188, Marietta, Georgia 30061-1188,
or you may call 770-424-0060 Ext 85104,
or you may email us at AccountingAssociates@LGEccu.org.
You must contact us within forty (40) calendar days of the date that
we mailed (or otherwise delivered by a means to which you agreed)
the substitute check in question or the account statement showing
that the substitute check was posted to your account, whichever is
later. We will extend this time period if you were not able to make a
timely claim because of extraordinary circumstances. Your claim must
include: a description of why you have suffered a loss (for example,
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you think the amount withdrawn was incorrect); an estimate of the
amount of your loss; an explanation of why the substitute check you
received is insufficient to confirm that you suffered a loss; and a copy
of the substitute check and/or the following information to help us
identify the substitute check: (identifying information for example the
check number, the name of the person to whom you wrote the check,
the amount of the check).
Shared Branching Services
With respect to items deposited at shared branch locations (meaning
branches of credit unions other than this Credit Union that accept deposits
for our members through participation in a shared branch network), funds will
be available as stated above with the addition of the following exceptions:
• Your Ability to Withdraw Funds: Our policy is to delay
the availability of funds from non-cash deposits that are
accepted at a shared branch location. During the delay,
you may not withdraw the funds in cash and we will not
use the funds to pay checks that you have written or other
withdrawals you have authorized
• Third party checks will not be accepted at a shared branch
location. Foreign checks will not be accepted at a shared
branch location.
• Shared Branch Transaction Limits: Aggregate daily
withdrawals from all sub accounts are limited to the
following amount: Cash limit is $1,000.00. The shared branch
that you are visiting may impose lower withdrawal limits
• All transactions with the Credit Union are subject to our
policies and procedures – including security, identification,
Bank Secrecy Act, and all other applicable laws, rules and
regulations
• Share Insurance: Although deposits with this Credit Union
are federally-insured, not all credit unions served by the
teller may be federally insured. You should contact your
credit union to determine if your deposits are insured
AVAILABLE BALANCE, POSTING TRANSACTIONS, AND OVERDRAFT
Available Balance
Your account’s available balance is our most current record of the amount
of money in your account available for your use or withdrawal. We use the
available balance to authorize your transactions during the day (for example,
debit card purchases and ATM withdrawals). We also use the available balance
to pay your transactions during our nightly processing. Your available balance
is calculated as follows:
Ending Daily
Balance
Ending daily balance from prior business day’s nightly
processing
– Holds Subtract funds that have been placed on hold
+ Deposits Add deposits that are immediately available
(see “Availability of Funds Policy”)
– Withdrawals Subtract authorized pending withdrawals or we those
know about but have not yet processed
The available balance may not include every transaction you have initiated or
that we previously authorized. For example, your available balance may not
include the following:
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• Outstanding checks and authorized withdrawals we have
not received for payment (such as recurring debit card
transactions and ACH transactions);
• The final amount of a debit card purchase. For example, we
may authorize a purchase amount prior to a tip that you
add;
• Debit card transactions that have been previously
authorized but not sent to us for payment. In most cases, a
transaction authorization hold must be released after three
business days even though the transaction may be sent to
us for payment from your account at a later date, which we
must honor. The authorization hold may be up to thirty (30)
business days for certain transactions, including car rental,
cash, and international transactions
How We Process and Post Transactions to Your Account
We process transactions each business day (not Saturdays, Sundays, or federal
holidays) during a late-night process that includes three steps. We call this
nightly processing. Once the transactions are processed, the results are posted
to your account.
Step 1: We calculate the available balance in your account.
Certain pending transactions can impact your available balance for purposes
of determining whether we will pay other transactions during our nightly
processing, including cash deposits or transfers from another Credit Union
account made AFTER the applicable business day end; and pending withdrawals
that reduce your available balance, such as authorized debit card transactions.
Step 2: We sort your transactions into categories.
Credits: Deposits are generally added to your account when we receive them.
Note that funds availability rules apply and funds deposited on a real time
basis may not be made available immediately. For example, checks you deposit
may be subject to uncollected funds holds. Please refer to our Availability
of Funds Policy for details regarding the timing and availability of funds from
your account.
Payment: The payment order in which items are presented may affect the fees
assessed to your account. Most transactions are posted when you conduct
them. The following transactions are generally posted real time or very near
real time:
• Transactions you conduct at our Remote Tellers and/or at
our Personal Teller Machines
• Your ATM withdrawals
• Your debit card purchases conducted with a PIN
• Authorizations (holds) for your debit card purchases
conducted using the Visa® network. The corresponding
settlements may lag hours or days based on when the
merchants submit them. We post settlement transactions at
the time we receive them
• Transfers you conduct using our automated phone system
(“Memberline”)
• Transfers you conduct using our Online Banking platforms
For ACH entries and checks, which are received in batch files, the Credit Union
posts in the following manner (transactions which are posted in batch items):
• Posting of that day’s deposits is followed by checks,
followed by ACH debits
• ACH debits are posted by amount from small to large
• Checks are posted by check number from small to large
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Step 3: If the available balance is not enough to pay all of your transactions, we
use Overdraft Protection (if you have it) by transferring and/or advancing available
funds from a linked savings and/or credit account. An overdraft protection
transfer/advance fee will be charged as applicable.
At our discretion, we may pay a check or automatic bill payment into
overdraft, rather than return it unpaid. This is our standard overdraft coverage,
also called Courtesy Pay (see more information below). Debit card transactions
presented to us for payment (whether previously authorized by us or not) will
be paid into overdraft and won’t be returned unpaid, even if you don’t have
sufficient funds in your account. Any applicable overdraft or returned item
fees are deducted from your account the next business day.
Pending transactions can result in overdrafts: If your available balance is
insufficient, the Credit Union may assess overdraft and/or non-sufficient funds
(NSF) fees on transaction(s) we pay or return. Even if a pending transaction
has been dropped from your account, we must pay it when we receive it
for payment. Sometimes, previously authorized transactions are sent to
us for payment. In those cases, you may be charged an overdraft fee if the
transaction is paid into overdraft.
To minimize the number of overdraft fees you may be assessed, we track
transactions that reduced your available balance while pending and caused
overdraft fees on other transactions.
Merchant Authorization Holds may affect your Available Balance. See
“Authorization Holds for Card Transactions” below in the Debit Cards and
ATM Cards Section.
Overdrafts and Non-Sufficient Funds (NSF) Fees
You agree that we may charge an NSF fee for returning or rejecting any check,
draft, item, or transaction presented for payment against your account that
would exceed the Available Balance in your account. You further agree that
we may charge an NSF fee each time any check, draft, item, or transaction
is presented or submitted for payment even if the same check, draft, item,
or transaction is presented for payment multiple times. For example, if you
wrote a check to a merchant (or other individual or entity) who submitted the
check to us for payment and we returned the check (resulting in an NSF fee),
the merchant may re-present the check for payment again (or may convert
the check into an ACH debit and submit the transaction for payment). If the
second and any subsequent presentments or submissions are returned unpaid,
we may charge a fee for each time we return the transaction. You understand
this means you could be charged multiple fees for one check that you wrote
as that check could be presented (including as an ACH debit) and returned
to us for payment more than once. Similarly, if you authorize a merchant
(or other individual or entity) to electronically debit your account, such as
an ACH debit, you understand there could be multiple submissions of the
electronic request which could result in multiple fees. You agree that we do
not determine whether and when a check, draft, item, or transaction will be
presented for payment. Rather, we determine whether or not the Available
Balance is sufficient to pay a presented or submitted check, draft, item, or
transaction. See the Fee Schedule for specific fee information.
Standard Overdraft Coverage, also called Courtesy Pay
The Credit Union will not typically pay overdrafts if your account is overdrawn
or you have had excessive overdrafts. The Credit Union may pay transactions
into overdraft at its discretion and reserves the right not to pay into overdraft.
All checking accounts come with standard overdraft coverage. Under the
Credit Union’s standard overdraft coverage, also known as Courtesy Pay
we may authorize checks, other transactions using your checking account
number, and automatic bill payments (such as recurring debit card and ACH
transactions) into overdraft and charge a fee. We will not authorize ATM
and everyday (one-time) debit card transactions into overdraft, unless your
account is enrolled in this service as described below.
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You can remove standard overdraft coverage from your account at any time.
If you remove it, the following will happen: if you don’t have enough money in
your checking account or in accounts linked for Overdraft Protection to cover
a transaction when it is presented to us for payment or authorization:
• We will return your checks and other returnable items,
such as ACH payments, as unpaid and charge a returned
item fee (non-sufficient funds/NSF)
• We will not authorize certain transactions such as
cashed checks, recurring debit card transactions, or Bill
Pay transactions into overdraft. Important: If these
transactions are authorized when your account has
enough money but are later presented for payment when
your account does not have enough money, we’ll pay the
transaction into overdraft and charge an overdraft fee
• We will not authorize ATM and everyday (one-time) debit
card transactions (such as one-time debit card and ATM
card purchases) into overdraft. If your account is enrolled
in Debit Card Overdraft Service, the service will also be
removed
You understand that the classification of a debit card transaction (except
ATM transactions) as recurring or non-recurring (i.e., one-time) is determined
by merchants, other institutions, or other third parties before the transaction
is presented to us for authorization or payment. We will treat and process
such debit card transactions in the manner they are presented to us, which
may result in a one-time debit card transaction presented as recurring
preauthorized transactions and vice versa.
Debit Card Overdraft Service
Consumer account members may choose to enroll in this service; business
accounts are automatically enrolled at account opening.
Your enrollment preference for Debit Card Overdraft Service determines
how the Credit Union handles your ATM and everyday (one-time) debit card
transactions on eligible accounts. You can add or remove the service on
eligible accounts at any time. It’s important to understand that this service is
unique from other optional services that may be less costly for you, such as
our optional Overdraft Protection plan described in the next section.
When you don’t have enough money in your checking account or accounts
you have linked for Overdraft Protection at the time of an ATM or everyday
(one- time) debit card transaction:
• If you’re enrolled in Debit Card Overdraft Service, the
transaction may be authorized into overdraft at the Credit
Union’s discretion but an overdraft fee applies. If you
cover the shortage before the transaction has posted, no
overdraft fee is assessed
• If you aren’t enrolled in Debit Card Overdraft Service, the
transaction will be declined and no fees apply. If a previously
authorized transaction creates a negative balance when it
posts, you won’t be assessed an overdraft fee
• If you would like your enrolled accounts to remain in good
standing, you must bring the account to a positive balance
at least once every thirty (30) days. This overdraft limit is
assessed daily and can change. After this limit is reached any
further transactions will be declined
Debit Card Overdraft Service does not apply to checks and other recurring
transactions (such as Bill Pay or ACH transfers, or recurring debit card
transactions such as utilities or health club memberships).
With or without Debit Card Overdraft Service, the Credit Union may continue
to pay these other transaction types into overdraft, at our discretion, and our
standard overdraft fees and policies will apply.
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Debit Card Overdraft Service isn’t available for all account types. Debit Card
Overdraft Service is a discretionary service that may be removed by the Credit
Union for a variety of reasons including excessive overdrafts or returned items.
Overdraft Protection
This is an optional service you can add to your checking account by linking
either a Credit Union savings account or approved loan account to authorize
or pay your transactions if you don’t have enough money in your checking
account. Overdraft Protection transfers/advances may occur to cover pending
transactions, even if these transactions are not subsequently presented for
payment. When an Overdraft Protection transfer occurs from a linked account
to cover a transaction, the available balance in that account will be reduced
by the amount of money to be transferred. That amount of money will be
unavailable for other use, and it will be applied to the checking account.
An Overdraft Protection transfer or advance fee will be charged any day a
transfer/advance is made regardless of the number of transactions covered or
whether funds are transferred/advanced from multiple accounts. Refer to the
Consumer Account Fee Schedule or the Business Account Fee Schedule to
determine account eligibility.
Multiple Fees Per Item are Possible
The first time we return a debit for insufficient funds, we will assess an NSF
fee in the amount shown on our current Rate Addendum and Fee Schedule
for each returned debit item. The entity that submitted the debit may submit
another debit to the Credit Union even if we have already returned the prior
debit for insufficient funds in the checking account. If the resubmitted debit
again exceeds the funds available in the checking account, the Credit Union
again will return the debit and another fee will be assessed to your account.
Please be aware that not all vendors play well with others. Thus, it is possible
that a vendor may seek to change some aspect of the debit in order to make
it appear as a new or different transaction. Unfortunately, we have no way to
identify such activity. Thus, it is possible we may unwittingly charge an NSF
fee in such a case.
Returning Your Account to a Positive Balance
If your account has an overdraft, you must promptly add money to return your
account to a positive balance. If you don’t return your account to a positive
balance or you have too many overdrafts, we may close your account. Also, we
may report you to consumer reporting agencies and initiate collection efforts.
You agree to reimburse us for the costs and expenses (including attorney’s
fees and expenses as provided herein) we incur to do so.
DEBIT CARDS AND ATM CARDS
We offer a number of account services at a variety of locations that involve using
a card. Some services may not be available at all locations. When you get a debit
or ATM card from us, you may receive, and be required to agree to, additional
terms and conditions applicable to the card. In the event of a conflict between
the terms and conditions and this Agreement, the terms and conditions
will control. Additional disclosures applicable to these services are provided in the
Consumer Account Fee Schedule or Business Account Fee Schedule, as applicable.
Issuance of a Card and Personal Identification Number (PIN)
You should securely protect your card and PIN from loss or theft. Each
cardholder must have his or her own unique PIN and is responsible for keeping
the PIN confidential. If the card or PIN is given to another person, the account
owner will, to the extent allowed by applicable law, be responsible for all
transactions made by that person or anyone else to whom that person gives
the card or PIN.
ATM and Merchant Terminal Malfunctions
Generally, we are not responsible for damages resulting from an ATM or
merchant terminal malfunction. However, for applicable accounts, see “In case
of errors or questions about transactions” in the “Electronic Fund Transfer
Disclosures” section of this Agreement.
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Fees for Use of Card
Other applicable fees for use of your card are described in the Consumer
Account Fee Schedule and Business Account Fee Schedule. Note, we charge a
fee for each non-Credit Union ATM transaction. In addition, the non-Credit
Union ATM owner/operator may charge a fee and set their own withdrawal
limits. We may waive our fee and/ or reimburse the non-Credit Union ATM
owner/operator fee, in whole or in part, if allowed by the terms of your
account. Even if reimbursed, the non-Credit Union ATM owner/operator fee is
included in the total transaction amount that is withdrawn from your account
and will apply to your card’s daily ATM withdrawal limit. Transactions will also
be limited to any withdrawal limits set by the non-Credit Union ATM. We’ll
charge a fee if you make a teller-assisted cash disbursement at a non-Credit
Union bank that accepts Visa-branded cards. Some merchants may assess a
fee when you use your card for a purchase or for cash back. The merchant
fee will be included in the total purchase amount. Please refer to your fee
schedule for all fees.
Daily Limits
Unless otherwise specified, a “day” is defined as the 24-hour period from
midnight to midnight, Pacific Time. Transactions made in other time zones will
be based on when received in Pacific Time. You may use your card subject to
your daily purchase limit, daily ATM withdrawal limit, and the available balance
in your account. The following rules apply:
Limits on dollar amounts: Your card’s daily purchase limit is the
maximum U.S. dollar amount of purchases (including cash back, if any)
that can be authorized each day from your primary linked account,
less merchant fees, if any. Note: If you use your card or card number
to fund a digital wallet, brokerage, or other type of account, these
Account Funding Transactions (AFTs) will count against your card’s daily
purchase limit. AFTs may also be limited by the applicable card network.
If your daily purchase limit is more than $99,999, you may ask that the
merchant process multiple transactions to complete a purchase above
this amount. Your card’s daily ATM withdrawal limit is the maximum
amount of cash you can withdraw each day from any combination of
accessible accounts using your card, less any non-Credit Union ATM
owner/operator fees, if applicable.
Partial authorization for card transactions
If a debit card purchase amount exceeds the current available balance
in the primary linked account when you’re making a purchase, you may
be able to use your available balance to pay for a portion of the total
purchase. The transaction will be subject to your card’s daily purchase limit.
We’ll first try to approve the full amount of the purchase with the available
funds in your checking account, account(s) linked for Overdraft Protection,
and, if enrolled, using Debit Card Overdraft Service. If the full amount
isn’t approved, we may authorize a portion of the transaction using the
remaining available funds. This is called partial authorization. (Note: partial
approvals obtained using Overdraft Protection or Debit Card Overdraft
Services may incur applicable fees.) The remaining amount of the purchase
total would need to be covered by another form of payment, such as cash
or another card. If you’re unable/unwilling to provide an additional form of
payment, and the transaction does not occur, the partial authorization will
be reversed by the merchant. Not all merchants are able to accept partial
authorizations or process transactions using multiple forms of payment.
Limited Authorizations; Card Limits
We may limit the number of authorizations we allow during a period of time
(for example, if we notice out- of-pattern use of your card, or suspected
fraudulent or unlawful activity). For security reasons, we cannot explain the
details of the authorization system. If we don’t authorize the payment, we
may notify the person who attempted the payment that it has been refused.
We won’t be responsible for failing to give an authorization. In our discretion,
we may allow or deny transactions or authorizations from merchants who
are apparently engaged in or who are identified as engaged in the internet
gambling business. We may, without telling you, increase your daily purchase
or ATM withdrawal limit based on account history, activity, and other factors.
If we decrease the limits of your card, we’ll notify you in accordance with
applicable law.
Using Your Card Through a Mobile Device
Some merchants may allow you to use your card through your mobile device.
You understand that by doing so, third parties, such as merchants, card
association networks, mobile carriers, digital wallet operators, mobile device
manufacturers, and software application providers may 1) use and receive your
digital card number, and 2) receive information about your mobile device.
If you have enrolled in Overdraft Protection and/or Debit Card Overdraft
Service, those terms will apply to debit card transactions made through a
mobile device. We may, at any time, partially or fully restrict your ability to
make debit card transactions through a mobile device. If you want to remove
your digital card number from your mobile device, contact us at 770-424-0060.
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Authorization Holds for Card Transactions
For all card purchase transactions, we may place a temporary hold on some
or all of the funds in the account linked to your card when we obtain an
authorization request. We refer to this temporary hold as an authorization
hold. The funds subject to the hold will be subtracted from your available
balance. We generally release the hold within three (3) business days, but it can
be up to thirty (30) business days for certain types of debit card transactions,
such as international car rental and hotel, from the time of authorization or
until the transaction is paid from your account.
If the merchant does not submit the transaction for payment within the
time allowed, we’ll release the authorization hold. This means your available
balance will increase until the transaction is submitted for payment by the
merchant and posted to your account. If this happens, we must honor the
prior authorization and will pay the transaction from your account. In some
situations, the amount of the hold may differ from the actual transaction
amount since the merchant may not know the total amount you’ll spend. For
example: A restaurant submits the authorization request for your meal before
you add a tip.
You might end up overdrawing your account even though the available
balance appears to show there are sufficient funds to cover your transaction.
For example: A merchant does not submit a one-time debit card transaction
for payment within three business days of authorization (or up to thirty (30)
business days); we must release the authorization hold even though we’ll have
to honor the transaction. When we receive it for payment, it’s paid from the
funds in the account and at that time it causes an overdraft.
You should record and track all of your transactions closely to confirm your
available balance accurately reflects how you spend funds from the account
linked to your card.
Foreign Transactions
If a card is used to make an ATM withdrawal or a purchase outside the United
States, the network handling the transaction will convert the local currency
amount of the transaction to U.S. dollars (or, in the case of a purchase only, the
merchant handling the transaction may convert the currency). If the network
converts the currency, it will use either a rate selected by the network from
the range of rates available in wholesale currency markets for the applicable
central processing date, which rate may vary from the rate the network itself
receives, or the government-mandated rate in effect for the applicable central
processing date. If the merchant handling the purchase converts the currency,
the merchant will determine the currency conversion rate. For each purchase
transaction completed (either by you or the merchant) outside the United
States, we may also charge an international purchase transaction fee, which
we base on the amount provided to us by the network (for example, Visa,
MasterCard®) in U.S. dollars.
Ending Your Card Use
We may cancel your card or card banking access at any time without notice to
you. You may cancel your card or card banking access at any time by writing to
us at the address provided in your account statement, calling the number on
the back of your card, or visiting your nearest branch. If the account is closed
or the card is canceled, you will immediately destroy the card(s) and, upon
request, tell us in writing that the card(s) has been destroyed. If requested,
you must immediately return the card(s) to us. If your card or card banking
access is canceled, you must pay for any card transactions made before the
card is canceled.
Zero Liability Protection
With Zero Liability protection, you’ll have no liability for any card transactions
that you did not make or authorize, so long as those transactions occurred
before the end of the 60-day period described below. If your account
statement shows card transactions that you did not make or authorize, tell
us at once. If you don’t notify us within sixty (60) days after the statement
was mailed or was otherwise made available to you, you’ll be liable for any
additional unauthorized card transactions that occurred after the 60-day
period and before you provided notice to us (if we could have stopped
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those card transactions had you promptly notified us). This will apply even to
unauthorized card transactions that occur shortly before you notify us. If a
good reason (such as a long trip or hospital stay) kept you from telling us, we’ll
extend the time period.
For card transactions from consumer accounts: Your card comes with Credit
Union’s Zero Liability protection, which provides you with more coverage
than what Regulation E requires for cards accessing consumer accounts (see
“Liability for unauthorized transactions according to Regulation E” in the
“Electronic Funds Transfer Disclosures” section of this Agreement).
For card transactions from business accounts: Your card comes with Credit
Union’s Zero Liability protection but has no protections under Regulation E or
the Electronic Funds Transfer Act as discussed in this Agreement.
FUNDS TRANSFER SERVICES
The following provisions are in addition to, and not in place of, any other
agreements you have with us regarding funds transfers to and from your
account. The terms “funds transfer,” “funds transfer system,” “payment order,” and
“beneficiary” are used here as defined in Article 4A of the Uniform Commercial
Code - Funds Transfers, as adopted by the state whose laws govern your
account. As used in these provisions, a funds transfer does not include
a transaction made using a Credit Union issued card. Examples of funds
transfers covered by these provisions are a preauthorized automatic
transaction via ACH (such as your car or mortgage payment), remittance
transfers, and wire transfers (whether outgoing or incoming, foreign or domestic).
Any funds transfer (including a wire transfer) that is a remittance transfer as defined
in Regulation E, Subpart B, will be governed by the laws of the United States and,
to the extent applicable, the applicable provisions of Article 4A of the Uniform
Commercial Code, without regard to its conflict of laws principles.
Rules of Funds Transfer Systems
Funds transfers to or from your account will be governed by the rules of the
funds transfer system(s) through which the transfers are made (“system rules”),
including Fedwire, the National Automated Clearing House Association,
the Electronic Check Clearing House Organization, any regional association
(each an ACH), the Clearing House Interbank Payments System (CHIPS), the
Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) and
the RTP system (“RTP System”). We’re under no obligation to honor, in whole
or in part, any payment order or other instruction that could result in our
contravention of applicable law, including, without limitation, requirements
of the U.S. Department of the Treasury’s Office of Foreign Assets Control
(“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”).
Sending Funds Transfers/ Means of Transmission
When acting upon your transfer instructions, we may use any means of
transmission, funds transfer system, clearing house, or intermediary bank that
we reasonably select.
Notice of Funds Transfers
We will notify you of funds electronically debited from or credited to your
account through the account statement covering the period in which the
transaction occurred. We’re under no obligation to provide you with any
additional notice or receipt.
Reliance on Identification Numbers
If an instruction or order to transfer funds describes the party to receive
payment inconsistently by name and account number, we’ll rely on the
beneficiary account number even if the account number identifies a party
different from the named recipient. If an instruction or order to transfer
funds describes a participating financial institution inconsistently by name
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and identification number, the identification number may be relied on as the
proper identification of the financial institution.
Your Duty to Report Unauthorized or Erroneous Funds Transfers
You will exercise ordinary care to determine whether a funds transfer from
your account was either not authorized or inaccurate. You must notify us if a
funds transfer from your account was not authorized or is inaccurate. Notify
us within fourteen (14) days after we notify you that the instruction or order
was accepted or your account was debited or credited for the funds transfer,
whichever is earlier, to be entitled to a refund. If you don’t notify us within
fourteen (14) days, we’ll be entitled to retain payment for the funds transfer.
We are not responsible to refund any funds if you give us an Erroneous
Payment Order.
Erroneous Payment Orders
You could lose funds if you provide incomplete or inaccurate information in
your payment orders. We have no obligation to detect errors you make in
payment orders (for example, paying the wrong person or the wrong amount).
Just because we detect an error once, we won’t be obligated to detect future
errors. We’ll rely on the beneficiary account number and beneficiary bank
identification number (e.g., IBAN, RTN, or SWIFT BIC) you provide with an
instruction or order.
ACH Transactions
These additional terms apply to payments to or from your account that you
transmit through an ACH:
• Your rights as to payments to or from your account will be
based on the laws governing your account
• When we credit your account for an ACH payment, the
payment is provisional until we receive final settlement
through a Federal Reserve Bank or otherwise receive
payment
• If we don’t receive final settlement or payment, we’re
entitled to a refund from you for the amount credited
• Any Originating Depository Financial Institution (ODFI) may
initiate, pursuant to ACH Operating Rules, ACH debit entries
to your account for presentment or re-presentment of
items you write or authorize
Remittance Transfers
Remittance transfers are initiated by consumers primarily for personal,
family, or household purposes, and are sent outside the United States and
its territories. Each time you initiate a remittance transfer, you’ll receive
disclosures outlining additional rights provided by federal law.
Incoming International Wire Transfers
Incoming wire transfers received in a foreign currency for payment into your
account will be converted into U.S. dollars using the applicable exchange rate
without prior notice to you.
Reversal or Return of ACH Transactions
• Consumer accounts only: You have the right to reverse any
unauthorized ACH payment that was debited from your
account. If you give us written notice that you want to
reverse a payment, we’ll credit your account for the amount
of the payment. You must notify us no later than fifteen (15)
days after we send or otherwise make available to you the
account statement that reflects the payment you want to
reverse. This right of reversal is in addition to your right to
stop payment
• Business accounts only: Under the ACH Rules, the Credit
Union can return any non-consumer ACH debit entry as
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unauthorized until midnight of the business day following
the business day the Bank posts the entry to your account.
In order for the Credit Union to meet this deadline, you’re
required to notify us to return any non-consumer ACH debit
entry as unauthorized by the cutoff time we separately
disclose. If you don’t notify us in a timely manner of the
unauthorized non-consumer ACH debit entry, we won’t be
able to return it without the cooperation and agreement of
the originating bank and the originator of the debit entry.
Any other effort to recover the funds must occur solely
between you and the originator of the entry
Additional Information on ACH Debit Entries
If you provide information that is incorrect or subject to change (for example,
if the sender changes its company identification number or individual
identification number), it may result in payment of the ACH debit entry. You
acknowledge this risk and agree that you’re responsible for notifying the
sender of the ACH debit entry that your authorization has been revoked. You
agree to indemnify and hold us harmless from, and against any loss we incur,
as a result of our paying an ACH debit entry, if any of the information relied on
in the stop payment order is incorrect or incomplete (or as a result of our not
paying an ACH debit entry for which a valid stop payment order is in effect).
Liability for Transactions Not Covered by Regulation E
For purchases and other transactions in consumer accounts not governed by
Regulation E, you’re liable for all losses relating to unauthorized funds transfers
that don’t result solely from our negligence or intentional misconduct, unless
the laws governing your account require lesser liability.
ELECTRONIC FUNDS TRANSFER
DISCLOSURE
The following provisions apply to electronic fund transfers to or from your
consumer deposit account that are governed by Part A of Regulation E. These
provisions DO NOT apply to business accounts. Note: These provisions do not apply
to wire transfers. Refer to the “Funds Transfer Services” section of this Agreement.
This section applies to payment orders and funds transfers governed by the
Electronic Fund Transfer Act. When you enroll in online or mobile banking
or other services, we will provide you the applicable agreements that govern
the use of those services (“Online Services”). You agree that these terms shall
apply to these other services except where those other agreements expressly
provide other or contrary terms.
Transactions We Facilitate
As a user of Electronic Funds Transfer (EFT) service, you may have access to
specifically identified Automated Teller Machines (ATM), Memberline Audio
Response “Memberline”, Online Banking, Visa® Debit card, and Automated
Clearing House (ACH) services, Mobile Banking and Wire transfer services. The
following are types of EFTs we may offer now or in the future, not all of which
may apply to your account. Please read this disclosure carefully because it
tells you your rights and obligations for the transactions listed: Point-of-sale
(POS) transfers, automated teller machines (ATM) transfers, direct deposits,
or withdrawals, transfers sent via ACH (Automated Clearing House), transfers
initiated by telephone, transfers resulting from debit card transactions
(whether or not initiated through an electronic terminal), payments made by a
bill payer under a bill payment service (unless made solely by check or similar
paper instrument), and online and/or mobile banking.
Preauthorized Credits
You may arrange for certain direct deposits to be accepted into your Credit
Union Savings, Money Market, and/or Checking account(s).
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Preauthorized Payments
You may make recurring payments from your checking account(s).
Electronic Check Conversion (ECK) Transaction
An ECK transaction occurs when a member authorizes a one-time EFT from
his or her account using information from a check to initiate the transfer. An
electronic check conversion transaction can only be processed when it has
been authorized by the member. A member authorizes the transaction when
he receives the appropriate notice and then goes forward with the transaction.
ACH and Wire Transfers
You may initiate or receive credits or debits to your account(s) through ACH
or wire transfer. You agree that if you receive funds by ACH transfer or wire,
we are not required to notify you at the time the funds are received. The
transfer will be shown on your periodic statement. We may provisionally
credit your account for an ACH transfer before we receive final settlement.
We may reverse the provisional credit or you will refund us the amount if we
do not receive final settlement. When you initiate a wire transfer, you will
identify either the recipient or any financial institution by name and account
or identifying number. The Credit Union (and other institutions) may rely on
the account or other identifying number as the proper identification even if
it identifies a different party or institution. We may accept on your behalf,
payments to your account that have been submitted by Fed Wire and that are
not subject to the Electronic Funds Transfer Act (“Regulation E”). Your rights
and obligations with respect to such transfers shall be governed and construed
in accordance with Regulation J, Funds Transfers through Fed Wire. Whenever
an ACH is used as part of a transaction that does not involve Fed Wire, the
operating rules of the National Automated Clearing House Association
(“NACHA”) will be applicable to ACH transactions involving your account.
Wire Transfer Liability
If an Order describes the person to receive the wire transfer (“Beneficiary”)
inconsistently by name and account number, the wire transfer may be made
on the basis of the account number even if the account number identifies
a person different from the Beneficiary. If a wire transfer request describes
a financial institution inconsistently by name and identification number, the
identification number may be relied upon as the proper identification of the
financial institution. You acknowledge that you are responsible for providing
LGEccu with all information required by the Beneficiary’s bank, including the
reason for payment, if required. Sending wires without the required information
can cause the wire to be delayed, returned, or assessed additional fees. You
further acknowledge the Beneficiary account number and Beneficiary’s bank
identification number (e.g., IBAN, RTN, IRC, and/or SWIFT BIC) you provide in
connection with an Order will be complete and accurate, and you understand
you could lose the transfer amount if the information is incorrect.
Memberline and Online Banking
You may access your account through Memberline, our telephone transaction
system. You will use your account number and your Memberline authorization
code (PIN), and a Touch-tone phone. Rotary phones are not compatible with
Memberline. You may access Online Banking from our website: www.LGEccu.
org, by completing registration and verifying applicable personal identification.
You must then accept any additional agreements and/or disclosures, select
a new password, and respond to any challenge questions as required by our
system. Monetary transfers from savings and money market accounts via
Memberline and Online Banking are included, as part of the five (5) allowed
transfers per month.
Transactions include:
• View deposit and loan account balances and history
• Transfer funds from savings to any sub account or to
another member account
• Advance funds from a line of credit to related savings or
checking account
• Make loan payments from related savings or checking
accounts (Credit Union loans only)
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• Access E-Statements
• Verify Cleared Transaction and/or Checks
• Look up status and/or information on your loan, savings
and/ or checking accounts
Online Banking Bill Pay Services
Through LGE Bill Pay Services, you may make payments to debtors or
individual payees through Online Banking. Payments are eligible from your
established checking account(s). Payments will be remitted based on the
merchant’s preference.
Upon first use of Bill Pay services, you will be prompted to accept terms and
conditions of this service.
Bill Payment functions include the following:
• Schedule and make payments
• View pending payments and payment history
• Sign up for eligible ebills
Timing of Payments
The Credit Union processes payments through a third-party vendor and is
not responsible for the timing of payments. Electronic payments are normally
received and processed by the merchant within five business days. Mailed
payments usually take a longer period of time to be received and processed by
the merchant. The merchant determines which type of payment it will receive.
Business Day
Means any day on which the offices of the Credit Union are open to the public
for carrying on substantially all business functions.
Liability
The Credit Union’s liability can be found under section titled, Liability For
Failure to Make a Transaction of this Agreement and other applicable
disclosures. In no case will Credit Union be liable for consequential, indirect,
or punitive costs or damages. Credit Union and the bill payer service provider
will carry out your instructions in a reasonable manner. This is in addition to
any other provisions in this agreement that address the Credit Union’s liability.
The Credit Union has no liability to you whatsoever for any transaction using
an access device we: (1) have not issued; or (2) issued by another party with
whom we have no written agreement.
Online Banking Inactive Account Limitations
Online Banking accounts, which have not been in use for over six months, will
be deactivated. Once the account has been deactivated, new registration is
required. If you would like your Online Banking account to remain active, you
must log into your account at least once every six months.
Visa® Debit Card
By signing (or otherwise initiating) an application, by signing the back of
the Visa® Debit card, a sales invoice or receipt, or by using or allowing the
use of either of the cards and/or its account number and/or your personal
identification number (PIN), you acknowledge and confirm that you have
requested that the card(s) be activated or that it is a renewal or replacement
of an existing card. Each time your Visa® Debit card is properly used at a point
of sale terminal, you authorize the Credit Union to debit your account for the
total amount indicated on any debit device originated by the use of your card,
whether or not you have signed any sales authorization. We will handle such
debit transactions the same as authorized checks drawn on your account. The
Credit Union will not be responsible for any claim you may have against any
business establishment for refusing to honor your Visa Debit card. The Visa
Debit security ATM As ATM suggestions ATM You Visa
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Debit card is a product of the VISA® Corporation; therefore, covered by all the
security features and safeguards that VISA® provides.
ATM and Night Drop Safety Precautions
As with all financial transactions, please exercise discretion when using an
ATM or Night Drop. You are responsible for your own safety. The following
suggestions may be helpful:
• Minimize your time spent at the ATM or Night Drop. Have
your transaction ready and prepared prior to arriving at the
ATM or Night Drop
• As soon as your ATM transaction is complete, place your
money in your purse or wallet. Count the cash later in the
safety of your car or home. Remember to retrieve your card
and receipt immediately after your ATM transaction
• Always save your receipts. Do not leave them at the ATM;
they may contain account information
• Protect your Personal Identification Number (PIN). Do not
lend your Visa® Debit card to anyone. Do not give anyone
your PIN. Do not write your PIN where it can be discovered
or store it with your card
• Prevent others from seeing you enter your PIN by using your
body to shield their view
• When you make a transaction at an ATM or Night Drop, be
mindful of your surroundings and remain alert. If you notice
anything suspicious, or any other problem arises after you
start a transaction, cancel the transaction, take your card or
key, and leave
• Do not accept assistance from anyone you do not know
• Avoid ATMs and Night Drops in dark or remote places. Be
sure the area is well lit. It may be safer to bring someone
with you when you make a transaction
• At a drive-up ATM or Night Drop, keep your doors locked
and all passenger windows up
• Look at the ATM or Night Drop before using it. If anything
does not look right, don’t use it
• If an ATM has any unusual signage, don’t use it
• We want the ATM and Night Drop to be safe and convenient
for you. Therefore, please tell us if you know of any problem
with an ATM or Night Drop site. Report all crimes and any
suspicious activity to us and to the police
ATM Transactions
You may access your account(s) by using the Credit Union’s ATM with your
Visa® Debit card and personal identification number (PIN) to:
• Get balance information on savings and checking accounts
and lines of credit
• Make deposits to your Credit Union checking or savings
accounts in LGE-owned ATMS or by accessing an ATM
owned by another financial institution that participates in
the CO- OP, CU Here, or CU 24 Networks
• Make withdrawals from savings and checking (You may
withdraw no more than $500 per day per account)
• Make advances on your line of credit
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• Transfer money from savings to checking and transfer
money from checking to savings
• Make payments to Credit Union loans by check deposit
or transfer from savings or checking (exclusion of making
mortgage payments)
• At Foreign Non-LGE ATMs* you may obtain balance
information and make cash withdrawals from checking or
savings, depending upon how your account is set up
• Some of these services may not be available at all terminals.
The way your card is set up also affects what transactions
you can do
*Foreign Non-LGE ATMs are machines we do not own that allow access via
the networks as set forth in the Consumer Account Fee Schedule or Business
Account Fee Schedule, which may change from time to time.
Visa® Debit card POS Transactions
After your Visa® Debit card is activated, you, or anyone authorized by you,
or any party to an account which may be accessed through use of the card
or the account number, may withdraw cash at automated teller machines,
access your checking account to purchase goods (in person), pay for services
(in person) and obtain cash from a merchant, if the merchant permits, or
from a participating financial institution. We may, at our sole discretion,
return any check or other item drawn on your account to ensure there are
sufficient funds to cover a card transaction. If there are insufficient funds in
your account to cover a transaction, the difference may be transferred from
another account, or if you have an overdraft line of credit with us, an advance
may be made under the terms of that agreement to cover the transaction if
a sufficient amount is within your available credit limit. We are not obligated
to pay out any funds if the balance in your account is not sufficient and there
is no other account with sufficient funds or an overdraft line of credit. If we
elect to pay out such funds, you agree to pay the deficiency on demand or
immediately following receipt of your monthly statement, whichever comes
first, plus any overdraft charges in effect under the terms and conditions of
your account. We are not responsible for and do not directly or indirectly
give any guarantee or warranty with regard to the quality, suitability, or fitness
for a particular purpose, or any other characteristic of any goods or services
purchased by use of the card. You agree to settle any dispute about a purchase
with the merchant or service provider who honored the card. You may not
stop payment with respect to any transaction originated by use of your debit
card. You may access your Credit Union savings and checking account at
the ATM to get cash and make deposits. You may access your Credit Union
checking account to purchase goods (in person), pay for services (in person),
get cash from a merchant (if merchant policy permits) or from participating
financial institutions, and use it to pay for goods and services by telephone
and the Internet.
Limitations on Use of Visa® Debit Cards
For your protection, there are limits on the dollar amount of cash withdrawals
or transfers you can make per day from your account at an ATM or POS
terminal with a Personal Identification Number (PIN): Due to certain technical
limitations your withdrawals and purchases may be limited to $500 per 24-
hour period.
PIN-Less Transactions
Visa® Debit card transactions may be processed through non-Visa® Debit
networks that offer the PIN-less service and may not be processed as a
Visa® transaction. Therefore, these non-Visa®-PIN-less transactions will not
include Visa’s® zero liability or chargeback and dispute resolution and other
protections for consumer or business benefits. Additionally, provisions of this
agreement relating only to Visa® transactions are not applicable to non-Visa®
and Pin-less debit transactions.
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Consumer Liability for Visa® and Interlink Transactions
If a transaction is made with your card or card number without your permission
and is either a Visa®, Interlink or Plus transaction, your liability will be zero. If
we determine you have been grossly negligent or fraudulent in the handling
of your account or card, zero liability will not apply and your liability will be
determined in accordance with the above paragraphs under titled paragraph
“Liability for Unauthorized Transactions” found in this section. Zero liability
does not apply to unauthorized use of your Visa® Debit card and PIN at an
ATM. We may require a written statement regarding your claim.
Ownership of Cards
The Visa® Debit card is at all times Credit Union property. We may revoke and
discontinue the use of your card(s) at any time. You understand and agree
that we have the right to request the return or proof of destruction of the
card(s) at any time and you agree to do so immediately. You agree to follow
our instructions with regard to the return or destruction of your Visa® Debit
card immediately as well as discontinuing the use. You also understand and
agree to: keep your card(s) in a safe place; treat it as you would cash; never
give information about your card or account to strangers or inquirers; not
write your PIN on your card or store it with the card; not disclose your PIN
to anyone; report any unauthorized or erroneous transactions to the Credit
Union immediately.
Person to Person (P2P) Transactions
If you link any of your accounts or services to a third-party app or payment
service (including but not limited to PayPal, Zelle or Venmo) you understand
and agree that these are not Credit Union services; and any transactions you
make will be subject to your agreements with the app or service or service
provider. You understand that these apps and services do not provide the
same protections from fraud or other misapplication of funds as traditional
direct banking services. If we transfer any funds as directed by you or anyone
you authorize to the app or third-party service provider such transfer(s)
shall in all respects be an authorized transaction and we will have no further
obligation or liability if the app or provider then transfers the funds to a
fraudster or the funds are otherwise misapplied. Further, you understand that
funds transferred to/via a third-party App may not be federally or otherwise
insured; and you assume all risks should your funds become unavailable for
any reason.
Posting Foreign Transactions on Billing Statements
An International Service Assessment (ISA) fee will be assessed on all
transactions where the merchant country differs from the country of the
card issuer. An international/foreign transaction is any transaction that you
complete or a merchant completes on your card outside of the United
States. Visa® defines multiple-currency transactions as transactions made in
foreign countries involving currency conversion to U.S. dollars. Single-currency
transactions are international transactions not involving currency conversion
to U.S. dollars. The converted transaction amount will be shown separately
from the International Service Assessment fee on your billing statement. This
fee will be assessed on all international purchases, credit vouchers, and cash
disbursements. Applicable fees are set forth in our Fee Schedule.
Currency Conversion Fee
The exchange rate for transactions in a foreign currency will be a rate selected
by Visa® from the 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 plus the International Service Assessment
fee. An international/ foreign transaction is any transaction that you complete
or a merchant completes on your card outside of the United States. If you
authorize a transaction with your access device in a currency other than U.S.
Dollars, VISA® will convert the charge into a U.S. Dollar amount. The VISA®
currency conversion procedure includes use of either a government mandated
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exchange rate, or a wholesale exchange rate selected by VISA®, as applicable.
The exchange rate VISA® uses will be a rate in effect on the day the transaction
is processed. This rate may differ from the rate in effect on the date of the
purchase or the date the transaction was posted to your account. Applicable
fees are set forth in our Fee Schedule.
Fees and Charges
There are certain charges for the EFT services as set forth on the Fee Schedule.
If you request an advance from your line of credit account such transactions
may be subject to charges under the terms and conditions of your Lending
Disclosure and Agreement.
ATM Operator and/or Network Fees
If you use an ATM that is not operated by LGE, you may be charged a surcharge
by the ATM Operator or an ATM Network utilized for such a transaction. The
ATM surcharge will be debited from your account if you elect to complete the
transaction. You may be charged a surcharge fee by the owner of a non-Credit
Union ATM or by the Network used and you may be charged for a balance
inquiry even if you do not complete a funds transaction. The Credit Union
may charge you a fee for using a non-Credit Union ATM as set forth in the
Fee Schedule.
Right to Documentation
• Terminal Transactions: You can get a receipt at the time
you make any transfer to or from your account using an
automatic teller machine or a point-of-sale terminal
• Direct Deposits: If you have arranged to have direct deposits
made to your accounts at least once every sixty (60) days
from the same person or company, the person or company
making the deposit will tell you every time they send us the
money. You can call us at the telephone number listed in the
Fee Schedule to find out whether a deposit has been made.
If the only possible transfers to or from your accounts are
direct deposits, our normal practice will be to provide to
you a statement on a monthly basis. At a minimum, you will
receive a statement from us at least quarterly
• Periodic Statements: Transfers and withdrawals transacted
through an ATM or POS terminal, Mobile Banking, Online
Banking, Memberline, Telephone, or Debit card purchase will
be recorded on your periodic statement. You will receive
a statement or notice of the availability of your statement
monthly. At a minimum, you will receive a statement or
notice from us at least quarterly
Electronic Statement
The Credit Union has the capability of capturing your periodic statement
electronically (e-statement) and posting it in a secure manner so that you may
retrieve it at your convenience. You have the right to have your statement
provided on paper or receive it electronically. If you elect to have your
statement presented electronically, we may also send, from time to time,
other notices and promotional material. The Credit Union will provide you
error- resolution information with each periodic statement.
Equipment Required
You will need a personal computer, tablet, or mobile device capable of
accessing our fully featured Online Banking website. The Credit Union
supports the current publicly available (and immediately previous) versions
of Microsoft Edge, Mozilla Firefox, Google Chrome, and Apple Safari. Online
Banking may work with other internet browsers, but we are unable to provide
support for them. A currently supported version of Adobe Reader is required
to view electronic documents delivered via Online Banking. If you choose to
print your statement, you will need access to standard printing capabilities
that are compatible with utilized devices:
• Authorizing e-statements: You must sign up for e-statements
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through Online Banking you can reach via our website www.
LGEccu.org. We will consider your request for e-statements
to be your agreement that the Credit Union will post your
statement in a secure location and notify you via e-mail
when your statement is ready for viewing. Your statement
will remain on the site for ninety (90) days from the date
we notify you. We will stop sending paper statements on
this account unless you notify us that you no longer wish
to receive e-statements; however, you can always request a
special copy of the statement be created for you
• Canceling e-statement: You may cancel e-statements at
any time. To switch back to paper statements, contact us
by calling 770-424- 0060 and ask to re-set your account for
paper statements. The Credit Union may ask you to put your
request in writing and deliver it to us within fourteen (14)
business days. Note: To have Online Banking access, each
account must be set up for e-statements
• Supplemental paper statement: If you need to get a paper
copy of your statement, you may do so by calling 770-424-
0060. Applicable fees are set forth in our Fee Schedule
Member Responsibilities
It is your responsibility to keep the Credit Union apprised of your current
e-mail address. Failure to notify the Credit Union of e-mail address changes
may result in a loss of important communications from the Credit Union and
possible fees as assessed by the Credit Union. If electronic notifications from
the Credit Union are undeliverable, you agree that Online Banking access will
be restricted and the delivery method for account statements, disclosures,
and notices will be reverted to paper format. To prevent a disruption in
services, it is your responsibility to ensure your information with the Credit
Union is accurate.
Stopping a Preauthorized Payment / Notice of Varying Amounts
If you have told us in advance to make regular payments out of your account(s),
you can stop any of these payments by calling 770-424-0060 or writing to
us Attn: Account Services, P.O. Box 1188, Marietta, GA 30061-1188. We must
receive your request three (3) business days or more before the payment is
scheduled to be made. If you call, we may require you to put your request in
writing and get it to us within fourteen (14) days after your call. Refer to our
Fee Schedule for stop payment fees and other applicable fees. We are not
obligated to honor a stop payment request that does not contain accurate
information provided in a timely manner. You understand that it is necessary
to provide the correct information related to the transaction, and that failure
to do so may result in the payment of the item.
Liability for failure to stop payment: If you request the Credit Union to stop one
of these preauthorized payments three (3) business days or more before the
transfer is scheduled and we do not do so, we may be liable for your losses
or damages.
Liability for Failure to Make a Transaction
If the Credit Union does not complete a transaction to or from your account
on time or in the correct amount according to our agreement with you, the
Credit Union may be liable for your losses or damages. However, there are
some exceptions to this, which include the following:
• You do not have enough money in your account to make
the transaction through no fault of ours
• The transaction goes over the credit limit on your overdraft
line
• The terminal where you were making the transaction does
not have enough cash
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• The terminal or other system was not working properly
and you knew about the breakdown when you started the
transaction
• Circumstances beyond our control (such as fire, food or
electrical failure) prevent the transaction, despite reasonable
precautions that we have taken
• You have not properly followed instructions for operation
of the ATM
• The funds in your account are subject to legal process or
other similar encumbrance
• The transaction would exceed one of the established limits
contained in this Agreement or by other Credit Union
Agreements
• Access to your account has been blocked after you have
reported your Access Device lost or stolen or you use a
damaged or expired Access Device
• The Credit Union has a reasonable basis to believe an access
device has been compromised; or that other actions and/
or circumstances cause us to believe there is a possibility
of unauthorized activity or other risk involving an access
device we have issued
Information Disclosure
We will disclose information to third parties about your account(s) or the
transfers you make:
• When it is necessary for completing transfers
• In order to verify the existence and condition of your
account for a third party, such as a credit bureau or merchant
• In order to comply with a government agency or court
orders
• If you give us written permission
In Case of Errors or Questions About Transactions
In case of errors or questions about your electronic fund transfers: telephone
us at 770-424-0060 or 1-800-541-8921, or write to us at LGE Community Credit
Union, P.O. Box 1188, Marietta, Georgia 30061-1188 as soon as you can. (For any
errors involving a line of credit account, you must review your Loan Disclosure
and/or VISA® Credit Card Disclosure and Agreement for a description of your
rights.) We must hear from you no later than sixty (60) days after we send
you the first statement on which the problem or error appeared. You should
provide the following information:
• Tell us your name and account number
• Describe the transfer you are unsure about, the type, date, and explain
as clearly as you can why you believe there is 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(s) or question(s) in writing within ten (10) business days
at the address listed in this Agreement and Disclosure
We will tell you the results of our investigation within ten (10)
business days (five (5) business days if the transfer involved a
Visa® Debit card Signature transactions) after we hear from
you and will correct any error promptly. If we need more time,
we may take up to forty-five (45) days (ninety (90) days if the
transfer involved a POS transaction), a new account, or a foreign
initiated transfer to investigate your complaint(s) or question(s).
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If we decide to do this we will issue you a provisional credit to
your account within ten (10) business days (five (5) business days
for Visa® Debit card signature transactions) of receiving the error
notice, and will inform you, within two (2) business days, after
providing the provisional credit, of the amount and date so that
you will have the use of the money during the time it takes us to
complete our investigation. After completing the investigation,
we will correct the error, if any, within one (1) business day after
determining that an error occurred. A report of our results will be
delivered or mailed to you within three (3) business days after the
conclusion of the investigation (including, if applicable, notice
that a provisional credit has been made final).
If we ask you to put your complaint(s) or question(s) in writing
and if we do not receive it within ten (10) business days, we may
reverse the provisional credit to your account. Your account
is considered a new account for thirty (30) days after the first
deposit is made, unless you already have an established account
with us before the account is opened. If we decide that there
was no error, we will send you a written explanation within three
(3) business days after we complete our investigation and reverse
the provisional credit(s) from your account. You may ask for
copies of the documents that we used in our investigation.
For Transactions initiated outside the United States, or resulting from a
Point-of-Sale Debit Card Transaction
We will have ninety (90) calendar days instead of forty-five (45) business
days, unless otherwise required by law, to investigate your complaint(s) or
question(s). For transactions on accounts that have been opened less than
thirty (30) calendar days, we will have twenty (20) business days instead of ten
(10) business days to credit your account, and ninety (90) calendar days instead
of forty-five (45) business days, unless otherwise required by law, to investigate
your complaint or question.
Special Rules for Provisional Credit for Visa® Debit card Transactions
If you believe a Visa® Debit card transaction was unauthorized, we will issue
credit to your account within five (5) business days for signature transactions
and ten (10) business days for POS transactions 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 in writing
and we do not receive it within ten (10) business days, we may reverse any
credit previously made to your account until we receive it. We may withhold
provisional credit, to the extent allowed under applicable law, if the delay is
warranted by the circumstances or your account history.
Liability for Unauthorized Transactions
Tell us AT ONCE if you believe your card, card number, or PIN has been lost
or stolen, or if you believe that an electronic fund transfer has been made
without your permission using information from your check. Telephoning is
the best way of keeping your possible losses down. You could lose all the
money in your account (plus funds in any line of credit, savings account, or
credit card linked to your account or as part of an Overdraft Protection plan).
If you tell us within two business days after you learn of the loss or theft of
your card, card number, or PIN, you can lose no more than $50 if someone
used your credentials without your permission (however, see “Zero Liability
protection” in the “Debit Cards and ATM Cards” section of this Agreement).
If you do NOT tell us within two business days after you learn of the loss
or theft of your card, card number, or PIN, and we can prove we could have
stopped someone from using your credentials without your permission if you
had told us, you could lose up to $500 (however, see “Zero Liability protection”
in the “Debit Cards and ATM Cards” section of this Agreement).
Also, if your account statement shows transfers that you did not make or
authorize, including those made by your card, PIN, or other means, tell us at
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once. If you do not notify us within sixty(60) days after the statement was
mailed or was otherwise made available to you, you will be liable for any
additional unauthorized transactions that occurred after the 60-day period
and before you provided notice to us (if we can prove we could have stopped
those transactions had you promptly notified us). This will apply even to
unauthorized transactions that occur shortly before you notify us. If a good
reason (such as a long trip or hospital stay) kept you from telling us, we will
extend the time periods.
Special Notice to VISA® Debit Cardholders
If there is an unauthorized use of your VISA Debit card or an Internet
transaction, and the transaction takes place on the VISA Network, then your
liability will be zero ($0.00). This provision limiting your liability does not apply
to either VISA® commercial cards or ATM cash disbursements. Additionally,
your liability with respect to unauthorized transactions may be greater than
the above zero ($0.00) liability limit, to the extent allowed under applicable
law, if the Credit Union reasonably determines and based on substantial
evidence, that you were grossly negligent or fraudulent in the handling of your
account or card. In any case, to minimize your potential liability you should
notify us of any unauthorized use no later than sixty (60) days after your
statement was mailed to you.
Note: Visa USA Operating regulations require the Credit Union
to notify you of the following: If you participate in STAR
Bill Payment or other PIN-less debit transactions using your
Credit Union Visa® Debit card, your transaction is considered a
“non-Visa®” transaction and may not receive Visa®-associated
protections and benefits. You should refer all STAR Bill Payment
or other PIN-less debit transaction disputes to your biller rather
than Visa®.
Reporting A Lost Card, Access Device, PIN, or Memberline PIN
If you believe that any Access Device has been lost or stolen or that someone
has withdrawn or may withdraw money from your account without your
permission, you agree to immediately notify us. You can call us at 770-424-
0060 or write to us Attn: Support Services, P.O. Box 1188, Marietta, GA 30061-
1188. If you recover your Card and/or Access Device after you have notified
us, DO NOT USE IT.
VISA® Account Updater (VAU)
VAU is an account updating service in which your Credit Union issued Visa®
debit card and/or Visa® credit card is automatically enrolled. When your
card(s) expire, are lost or stolen and new cards are issued, the service may
update relevant card data (card numbers and expiration dates) to appropriate
merchants who participate in an effort to facilitate uninterrupted processing
of your recurring charges. This service provides updates to a Visa® database
only. The database is accessed by those qualified merchants seeking your
account information after you have requested, they process a recurring
payment or payments. If at any time you wish to opt-out of the VAU service
or if you have any questions, please call 770-424- 0060, the Card Services
department or email us at CardServices@LGEccu.org.
OTHER ACCOUNT SERVICES AND RESTRICTIONS
Memberline Banking Services
You may access your account through Memberline, our telephone transaction
system. You will use your account number and your Memberline authorization
code (PIN), and a Touch-tone phone. Rotary phones are not compatible with
Memberline. You may access Online Banking from our website: www.LGEccu.
org, by completing registration and verifying applicable personal identification.
You must then accept any additional agreements and/or disclosures, select a
new password, and respond to any challenge questions as required by our
system. Monetary transfers from savings and money market accounts via
Memberline and Online Banking are included, as part of the five (5) allowed
transfers per month. Transactions include: (a) View deposit and loan account
balances and history; (b) Transfer funds from savings to any sub account or to
another member account; (c) Advance funds from a line of credit to related
savings or checking account; (d) Make loan payments from related savings or
checking accounts (Credit Union loans only); (e) Access E-Statements; (f) Verify
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Cleared Transaction and/or Checks; and (g) Look up status and/or information
on your loan, savings and/or checking accounts.
Limits on Transactions
In accordance with applicable law, we reserve the right to require you to
provide written notice of any intended withdrawals from any account(s) of
not less than seven (7) but not more than sixty (60) days before the intended
date of withdrawal. If there are sufficient funds to cover some but not all of
your withdrawal orders, we may permit those for which there are sufficient
funds in any order we choose. We may refuse to allow any transaction, and will
advise when required by applicable law.
• Transaction limitations for all savings and money market
(all referred to as “savings account” herein): This Agreement
imposes limits on the number of certain types of
withdrawals and transfers you can make each month from
a savings account. During any calendar month if you exceed
more than five (5) withdrawals or transfers to another Credit
Union account of yours or to a third party by means of a
preauthorized, automatic, telephonic, online banking, or
audio response transfer or instruction, you may be charged
a fee according to the Consumer or Business Account
Fee Schedule(s). A preauthorized transfer includes any
arrangement with us to pay a third party from your account
upon oral or written orders, including orders received
through ACH. LGE limits the amount of money that may
be transferred daily and monthly between LGE and other
financial institutions and may change these limits at any time
by giving you notice as required by law
• Excessive Transactions: Transfers and/or withdrawals in
excess of the limitations described above may be subject
to a fee as set forth in the Consumer or Business Account
Fee Schedule(s). We count a transaction and/or withdrawal
on the date posted to your account. This date may be
different from the date you authorize, transfer or write the
transaction, which means a transaction made during one
statement cycle may not be counted until a later statement
cycle
When you use our Online Banking bill payment service, we recommend that
you do not use a savings account as your bill payment account because of
these limits on transfers.
Large Cash Withdrawals or Deposits
We may place reasonable restrictions on large cash withdrawals. These
restrictions may include requiring you to provide reasonable advance notice
to ensure we have sufficient cash on hand. We don’t have any obligation to
provide security if you make a large cash withdrawal. If you want to deposit
a large amount of cash, we may require you to provide adequate security or
exercise other options to mitigate possible risks. In addition to the foregoing
if any person should instruct the Credit Union to make a large cash withdrawal
and we, in our sole discretion decide to accommodate such request, in lieu of
other methods of transferring funds offered by the Credit, you will execute
and deliver any releases and/or indemnitees that the Credit Union may require
in connection with any such withdrawal. If we agree to provide a large cash
withdrawal, then you will be responsible for any costs associated with this to
include the costs of security as we deem necessary or prudent, which costs
shall be deducted from the deposit.
Cash Transaction Reporting. To help law enforcement agencies detect illegal
activities, the law requires all financial institutions to gather and report
information on some types of cash transactions. If the information we need
to complete the report is not provided, we are required to refuse to handle
the transaction. If you have any questions regarding these rules, U.S. Treasury
Financial Crimes Enforcement Network (FinCEN) maintains a frequently
asked questions (FAQ) document online. The FAQ also includes additional
information for contacting FinCEN.
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Restrictions on Withdrawals from All Accounts/Transactions Closing Accounts
When either you or the Credit Union close any accounts, certain funds may
not be immediately made available to you upon closing. This is due to actions
you have taken or your relationships with third parties that may result in
certain holds that affect your available funds versus your actual funds. Please
read this entire section for a complete explanation of these matters. These
holds are generally resolved within a period of 10-days. Once all these matters
are cleared so that your accounts are no longer responsible for any sums these
other parties may claim, then any remaining funds shall become available
funds and will be paid to you.
Checks with Multiple Signatures
We may act on the instructions of any one authorized signer on your account
and not require multiple signatures. If you have indicated that more than one
signature is required to transact on your account, you acknowledge and agree
that such requirements are for your own control purposes only, and we will
not be liable if a check or other transaction is processed without multiple
signatures. We are not responsible for reviewing your checks or other
transactions for multiple signatures.
Items with Dates and Special Instructions
We may pay the amount encoded on your check in U.S. dollars, even if you
wrote the check in a foreign currency or made a notation on the check’s face
to pay it in a foreign currency. The encoded amount is in the line along the
bottom edge of the front of the check where the account number is printed.
We may, without inquiry or liability, pay a check even if it:
• Has special written instructions indicating we should refuse
payment (e.g., “void after 30 days” or “void over $100”),
• Is stale-dated (i.e., the check’s date is more than six months
in the past), even if we’re aware of the check’s date,
• Is post-dated (i.e., the check’s date is in the future), or
• Isn’t dated
All instructions to us in any manner shall be given in English; and any
instructions given shall be given using simple numerical methods (e.g., to
request one hundred dollars you will use: “$100” “$100.00” or the English
equivalent: “One Hundred Dollars.”). We are not obligated to follow any other
instructions.
Use of a Facsimile or Mechanical Signature
We agree to accept faxed, electronic, computer-generated, or other
mechanical signature (including a stamp on a check) and it will be treated as if
you had actually signed it.
ACH Debit Entries
Under the ACH operating rules, certain types of ACH debit entries may only
be presented on a consumer account. We will have no obligation to pay, and
no liability for paying, any consumer ACH debit entry on a business account
Acceptable Form for Checks
Your checks must meet our standards, including paper stock and dimensions;
we may refuse checks that don’t or that cannot be processed by our
equipment. Checks must include our name and address as provided by us.
Certain check features, such as security features, may impair the quality of a
check image. Also, you understand that checks can be washed unless you use
a wash preventive ink. Therefore, you acknowledge and agree that we have no
responsibility or liability to you whatsoever resulting, arising or relating from/
to: alterations, forgery, non-payment; returns as no account/insufficient funds
or otherwise; limitations we do not specifically agree to in writing; or any
other processing/payment error with regard to any check that is not printed
by our approved vendor(s) or your failure to use wash preventive ink in the
writing of any check(s).
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We require that checks purchased or printed from sources other than the
Credit Union contain security features that will prevent the check from being
counterfeited. The minimum features required are an artificial watermark,
“VOID” pantograph, micro-print lines, bleed-through check numbering,
a warning band and a Regulation CC endorsement backer on the reverse
of the check. If you use checks that do not meet these minimum required
counterfeit-avoidance security standards, and your checks are counterfeited,
we may refuse to honor your request for reimbursement of any losses you
may suffer. We are not responsible for losses that result from your failure
to follow our check standards.
Checks You Request from the Credit Union
If you request any check be issued by the Credit Union, then all such checks
are payable to the first named owner of the account, record owner, trustee,
custodian, or as otherwise indicated on your account card with us and will be
mailed to the address of record.
Checks Presented by a Non-Member / Non-Member of Credit Union
For these transactions, we require acceptable identification, which may include
a fingerprint from the person presenting your check. We may not honor the
check if the person refuses to provide us with requested identification. We
may charge a fee for non-members to cash a check.
Electronic Check Indemnifications
An “electronic check” and an “electronic returned check” means an electronic
image of a paper check or paper returned check or the electronic information
derived from it.
When we transfer or present an electronic check or electronic returned check,
we provide the following warranties:
• Image Quality Warranty: We guarantee that the electronic
image accurately represents all of the information on the
front of the check as of the time that the original check
is truncated, and the electronic information includes an
accurate record of all MICR line information required for a
substitute check and the amount of a check
• No Double Debit Warranty: We guarantee that the
warrantee won’t receive a presentment of or otherwise
be charged for an electronic check, an electronic returned
check, the original check, a substitute check, or a paper or
electronic representation of a paper substitute check, in a
way that the warrantee will be asked to pay a check that it
has already paid
When we transfer an electronic check for collection or payment, we make the
image quality warranty and the no double debit warranty to the transferee
bank, any subsequent collecting bank, the paying bank, and the drawer. When
we transfer an electronic returned check for return, we make the image quality
warranty and the no double debit warranty to the transferee returning bank,
the depository bank, and the owner.
Indemnities applicable to electronic checks and electronic returned checks:
You will indemnify, defend, and hold us harmless from all liabilities, obligations,
demands, and costs (including fees of legal counsel and accountants) awarded
against or incurred by us (collectively, “losses and liabilities”), related to the
transfer or return of an electronic check or an electronic returned check on
your behalf. If we suffer any losses or liabilities related to a breach of the image
quality warranty or the no double debit warranty, you will reimburse us and
not hold us responsible or liable.
Indemnities applicable to remote deposit capture services (including Credit
Union Mobile Deposit): If a depository bank accepts the original check from
which an electronic check is created and suffers losses due to the check having
already been paid, we’re required to indemnify and reimburse that bank. If
we suffer any losses or liabilities related to that type of depository bank
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indemnity obligation, you will indemnify and reimburse us and not hold us
responsible or liable.
Indemnities applicable to electronically created items: If we transfer or
present an “electronically created item” and receive settlement or other
consideration for it, we’re required to indemnify and reimburse each transferee
bank, any subsequent collecting bank, the paying bank, and any subsequent
returning bank against losses that result from the fact that:
• The electronic image or electronic information is not
derived from a paper check,
• The person on whose account the electronically created
item is drawn didn’t authorize its issuance or the payee
stated on the item, or
• A person receives a transfer, presentment, or return of, or
otherwise is charged for an electronically created item in
such a way that the person is asked to make payment based
on an item it has paid
If we suffer any losses or liabilities related to that type of electronically
created item indemnity obligation, you will indemnify and reimburse us and
not hold us responsible or liable.
Stop Payment
Applicable fees are described in the Consumer Account Fee Schedule and
Business Account Fee Schedule.
Requesting stop payment on a check: You may request a stop payment on a
check if you allow us a reasonable amount of time to act on it; the same is true
if you ask us to cancel a stop payment order. You can request a stop payment
through https://www.lgeccu.org, by phone, or by visiting your local branch.
We may verify that we have not already become obligated to pay the check
from your account and can verify after we accept your stop payment order.
To issue a stop payment order on a check, we need the following information:
• Your Credit Union account number
• The check number or range of numbers
• The check amount or amounts
• The payee(s) name(s)
• The date on the check
We are not responsible for stopping payment on a check if you provide
incorrect or incomplete information about the check.
Effective period for a stop payment order:
• If you give a written stop payment order on a check it is
valid for six months. If you give an oral stop payment order
that is not confirmed in writing by you or us within 14 days,
your stop payment order will expire and the instrument
may thereafter be paid by us. We may pay a check once a
stop payment order expires. You must request a new stop
payment order if you do not want it to expire and we will
treat that renewal as a new order and a new fee will apply
• Your responsibility after we accept a stop payment on
a check. Even if we return a check unpaid due to a stop
payment order, you may still be liable to the holder of the
check (e.g., a check cashing business)
Stop payment orders on ACH debit entries: You may request a stop payment
order for an ACH debit entry that has not already been paid from your
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account. To be effective, a stop payment order must be received in a time
and manner that gives the Credit Union a reasonable opportunity to act on
the applicable ACH debit entry. If you provide verbal instructions, we may
require confirmation in writing. If such written confirmation isn’t received, we
may remove the stop payment order after 14 days. An instruction to revoke
a stop payment order must be received in a time and manner that gives us a
reasonable opportunity to act on it.
To place a stop payment order on an ACH debit entry, you must provide the
following information: (i) your account number, (ii) amount of the ACH debit
entry, (iii) effective date, and (iv) payee name. We may request additional
information and may, at our sole discretion, use only a portion of the required
information in order to identify the ACH debit entry. We may be able to place
a stop payment order based on the company identification number of the
sender/ payee, but this may stop all ACH entries received from this sender/
payee.
Stopping payment on a preauthorized electronic fund transfer. If your account
is a consumer account, you may stop payment on a preauthorized electronic
fund transfer. See “Handling preauthorized payments” in the “Electronic Fund
Transfer Services” section of this Agreement.
Post-Dated Checks
We are not responsible for waiting to honor any post-dated check unless you
use a stop payment order for the check. You’re responsible for notifying us
to cancel the stop payment order when you’re ready to have that check paid.
Official Checks and Money Orders
If you seek to return any official check and/or money order issued from
your account, then you agree, we may treat such items as “lost, stolen, or
destroyed” under the Uniform Commercial Code and reimbursement may not
be made for 91-days from the date issued.
TRUTH-IN-SAVINGS ACT
DISCLOSURE
Except as specifically described, the following disclosures apply to all accounts. All
accounts described in this Truth-in-Savings Disclosure are checking and savings
accounts. The Rate Addendum and Fee Schedule(s) applicable to your account is
an integral part of these disclosures and is incorporated herein as though stated
verbatim.
Rate Information
The Annual Percentage Yield (APY) is set forth in the Rate Addendum.
The dividend rates are variable and may change. At our discretion, we may
change the dividend rate and Annual Percentage Yield on your Account any
time without notice to you. (Personal) Savings, Money Market and Checking
Accounts are tiered rate accounts with the exception of our Simply Checking
accounts or as otherwise indicated on the Rate Addendum. (Business) Savings
and Money Market Accounts are tiered rate accounts.
“Average Daily Balance Method”
Dividends are calculated by the average daily balance method which applies a
periodic rate to the average daily balance in your account for the period. The
average daily balance is calculated by adding the balance in your account for
each day of the Period and dividing that figure by the number of days in the
Period. We may also change the manner in which dividends are calculated and/
or credited to you, by posting the change in our branch offices, by making such
information available upon request in our branch offices, or in any other manner
required or permitted by law. If you desire current dividend rate and annual
percentage yield information, please ask in any branch office, telephone your
Credit Union representative, or review online at www.LGEccu.org.
(Business Only) We reserve the right to calculate dividends for those dividend
bearing Accounts which are used for Business or other non-personal purposes,
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in a manner different from those dividend-bearing Accounts which are used
for personal, household or family purposes. We must report dividends on
certain non-corporate Accounts to the appropriate governmental agencies.
It is your responsibility to give us your correct tax identification number and
to make certain written certifications to us as required by law. If you fail to
give us your number or the required certifications, we may withhold and pay
to the government a percentage of the dividends earned on your Account, as
required by law. You may also be subject to government penalties.
Nature of Dividends
Dividends are paid from current income and available earnings after required
transfers to reserves at the end of the dividend period, thus dividends are not
guaranteed. The Dividend Rate and Annual Percentage Yield set forth in the
Rate Addendum are prospective rates and yields the Credit Union anticipates
paying for the applicable dividend period.
Dividend Compounding and Crediting
Dividends will be compounded and will be credited as set forth in the
applicable Rate Addendum. The Dividend Period (“period”) for each of your
accounts is set forth in the Rate Addendum. The dividend period begins on
the first calendar day of the period and ends on the last calendar day of the
period. If your account is closed or you make a withdrawal during a dividend
period before dividends are credited, you may not receive accrued but
uncredited dividends.
Accrual of Dividends
Dividends will begin to accrue on the business day we receive provisional credit
for the deposit of noncash items (e.g. checks) to your account. Dividends will
begin to accrue on cash deposits on the business day you make the deposit
to your account.
Balance Information
Any minimum deposit to open an account, and the minimum average daily
balance you must maintain to avoid service fees or account closure and to
earn the annual percentage yield stated for your account is set forth in the
Rate Addendum. Accounts with Minimum Balance Requirements: If you fail to
maintain the minimum balance required to earn the dividend rate and annual
percentage yield for any account as set forth in the Rate Addendum, then you
will not earn the dividend rate and annual percentage yield for the period in
which you do not meet this requirement.
EXCESSIVE TRANSACTIONS AND TRANSACTION LIMITATIONS
Transaction Limitations for All Savings Accounts
Limitations are set forth in this Agreement under section titled General Terms
and Conditions.
Excessive Transaction Fees
Limitations on the number of transactions and the fee as set forth in the Fee
Schedule(s). Savings account transactions are limited to five (5) per month.
Additional transactions during a month will cause a fee. Applicable fees are set
forth in our Fee Schedule(s).
Youth and Young Adult Accounts
(Consumer Only) Only one youth account per social security number allowed.
If a required joint owner is removed from the account by death or otherwise,
we may suspend all account activity until a new joint owner is named. A new
joint owner would be a legal guardian or court appointed Conservator, which
may require official documentation.
Nest Account
(Consumer Only) When offered, transaction limitations apply. Deposits are
limited to one initial deposit, as stated in our Rate Addendum, with additional
monthly dividends and/or rewards deposit options based upon your elections.
Promotions may be offered from time to time allowing for additional
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opportunities to make a deposit. Withdrawals are limited to one per month.
If you withdraw more than once per month the account is closed and balance
dispersed by check or into another share. You will not be able to reopen
the account for twelve months. Overdraft from this account is not allowed.
No ACH transactions allowed. Excludes Estate and Commercial Accounts.
Transactions to account are through contact center and in-branch personnel
only. To be eligible, all co-owners must be listed at the account level.
Free Business Checking (Business Only)
Transaction limitations apply to excessive cash transactions defined as cash
activity exceeding $10,000 in 3 or more consecutive statement periods. If
excessive cash transactions occur we may ask you to close the account or
transfer to another account type.
Limitations for IRA Savings Accounts
You are solely responsible for complying with any requirements including
transaction limitations and penalties for early withdrawal under the Internal
Revenue Code or other applicable Federal or State law governing any IRA or
other Credit Union accounts. Deposits are not limited. Transfers to a Credit
Union IRA Certificate are allowed subject to applicable law; and the minimum
balance requirements and other restrictions applicable to the Certificate
Account.
Membership Par Value
As a condition of membership, each member is required to hold the minimum
share required. At the time your account is established, the Credit Union, on
your behalf, will pay the initial $1.00 Membership Share into a general ledger
account. This account is a non-transactional, non-earning, notice account and
serves only to evidence your membership in the Credit Union.
Membership Will be Terminated Six Months From The Close Date of All
Service(s)
Any member with the intent of redeeming their Membership Share must
provide written notice during this six month period. The Credit Union has sixty
(60) days from the day we receive your written notice to process your request.
Rates
The rates provided with or in the Rate Addendum and Fee Schedule are
accurate as of the effective date indicated therein. If you have any questions
or require current rate information on your accounts, please call the Credit
Union.
Fees
See Personal or Business Account Fee Schedule for a listing of fees and charges
applicable to your account(s).
National Credit Union Share Insurance Fund
Member accounts in this Credit Union are federally insured by the National
Credit Union Share Insurance Fund.
TRUTH-IN-SAVINGS ACT
DISCLOSURE/CERTIFICATES
Except as specifically described, the following disclosures apply to all accounts. All
accounts described in this Truth-in-Savings Disclosure are term certificate accounts.
The Rate Addendum and Personal or Business Account Fee Schedule Applicable
to your account is an integral part of these disclosures and is incorporated
herein as though stated verbatim.
Rate Information
The Annual Percentage Yield is set forth in the Rate Addendum. The dividend
rate and annual percentage yield on your account are stated in the Rate
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Addendum and/or your Term Share Certificate. The annual percentage yield
reflects the dividends to be paid on your account based on the dividend rate
and the frequency of compounding for an annual period. For Fixed Rate Share
Certificate(s) the dividend rate and annual percentage yield are fixed and will
be in effect for the term of the account. For Variable Rate Share Certificate(s)
the dividend rate and annual percentage yield are variable and may change
each dividend period based on the determination of the Credit Union’s Board
of Directors. The annual percentage yield assumes that dividends will remain
on deposit until maturity. Any withdrawals will reduce your earnings.
Nature of Dividends
Dividends are paid from current income and available earnings after required
transfers to reserves at the end of the dividend period, thus dividends are not
guaranteed. The Dividend Rate and Annual Percentage Yield set forth in the
Rate Addendum are prospective rates and yields the Credit Union anticipates
paying for the applicable dividend period.
Dividend Compounding and Crediting
Dividends will be compounded and credited monthly unless at account
opening you arrange for monthly dividend payments to be deposited into
another account type. Dividends will be compounded and credited as set
forth in the Rate Addendum. The Dividend Period (“period”) for each account
is set forth in the Rate Addendum. The period begins on the first calendar
day of the period and ends on the last calendar day of the period. Earnings
section: Dividends will accrue from the date of issue and shall be paid at the
rate and frequency stated on your certificate. The annual percentage yield
is based on an assumption that dividends will remain in the account until
maturity. A withdrawal will reduce annual percentage yield. Funds withdrawn
before the end of a dividend period may not earn dividends for that entire
dividend period.
Accrual Of Dividends
Dividends will begin to accrue on the business day we receive provisional credit
for the deposit of noncash items (e.g. checks) to your account. Dividends will
begin to accrue on cash deposits on the business day you make the deposit to
your account. Once dividends are credited to a certificate account, it becomes
principal. If you close your Certificate account before any dividend is credited,
you will forfeit uncredited or unpaid dividends.
Balance Information
The minimum opening deposit required to open any Certificate(s) Account is
set forth in the Rate Addendum.
Balance Computation Information
Dividends are calculated by the daily balance method, which applies a daily
periodic rate to the balance in the account each day.
Transaction Limitations on Certificates
Once the account is opened, you may not make deposits into the account
until the maturity date unless allowed by special promotional offer. You may
not make withdrawals of principal from the account unless allowed by special
promotional offer.
Transaction Limitations on IRA Certificates
Withdrawals from principal may be allowed for IRA Certificate accounts if you
have attained the age of 59 ½. A penalty will be charged if you have reached
the age of 59 ½ and you withdraw the IRA certificate below the minimum
balance or close the certificate. You may not make withdrawals of dividends
from your account unless you arrange for monthly dividend payments at
account opening. In addition to any other applicable limitations described in
this Agreement, after a Term Account is opened, you may not make deposits
into the account before maturity.
Membership Par Value
As a condition of membership, each member is required to hold the minimum
share required. At the time your account is established, the Credit Union, on
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your behalf, will pay the initial $1.00 Membership Share into a general ledger
account. This account is a non-transactional, non-earning, notice account and
serves only to evidence your membership in the Credit Union.
Rates
The rates provided with or in the Rate Addendum are accurate as of the
effective date indicated therein. If you have any questions or require current
rate information on your accounts, please call the Credit Union.
Fees
See Personal or Business Account Fee Schedule for a listing of fees and charges
applicable to your account(s).
Maturity Date
Your account will mature on the date stated in your Certificate, Receipt or any
Renewal Notice the Credit Unions provides to you.
Early Withdrawal Penalties – All Time Deposit Accounts
You have agreed to leave the principal of this account on deposit for the full
term stated in your Certificate. If all or part of the principal is withdrawn before
the maturity date, the Credit Union may charge you a penalty. Withdrawal of
the principal amount of your Certificate may be made only with the consent
of the Credit Union. Penalties are as follows:
• Term of 18 months or less shall forfeit an amount equal to
90 days dividends
• Terms of 24 or 30 months shall forfeit an amount equal to
180 days dividends
• Terms of 33 or 36 months shall forfeit an amount equal to
270 days dividends
• Term of 48 months shall forfeit an amount equal to 360 days
dividends
• Terms of 55 or 60 months shall forfeit an amount equal to
450 days dividends
The penalty may be calculated at the rate paid on the deposit at the time
of the withdrawal. The penalty will, if necessary, be taken from the principal
amount of the deposit. Any certificate redeemed prior to reaching the set
penalty days established at time of opening, will forfeit all dividends earned
plus principal to meet the required obligation.
The Credit Union may grant a premature withdrawal request without
penalty or with a reduced penalty in the event of the owner’s death or legal
incompetence; or if your account is an IRA account and the account is revoked
within 7 days after the IRA Disclosure Statement is received; or when the
account is an IRA account and the owner qualifies pursuant to applicable law.
Partial Withdrawal
No partial withdrawal will be permitted at any time that would result in a
principal balance of less than the required minimum opening deposit.
Renewal Policy
Unless you instruct the Credit Union otherwise, your certificate account
may automatically renew at maturity. You will have a grace period of ten (10)
business days after the maturity date to withdraw the funds in the account
without being charged an early withdrawal penalty. However, the Credit Union
reserves the right to give the owner written notice that the account will not
be renewed. In the latter case, upon maturity, the account will be converted to
a regular savings account and receive earnings at the rate then paid on regular
savings deposits. The rate of earnings for any renewal terms, shall be at the
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rate the Credit Union is then offering on the same accounts in this class. If you
instruct us not to renew your account, then no dividends will be paid after the
stated maturity date. We reserve the right to change the terms/rates upon
provision of any notice specifically required by applicable law. Such changes
will be effective immediately if specific law does not require prior notice.
Promotional Renewal: Upon maturity, a promotional certificate may
automatically renew for another term although the same rate and term are not
guaranteed. Your receipt will display the renewal option for your promotional
certificate. You will have a grace period of ten (10) business days after the
maturity date to withdraw the funds in the account without penalty. For
non-auto renewal promotional certificates, the balance of the promotional
certificate will be deposited in a savings account. Your receipt will display your
renewal option .
Non-renewal: If you choose non-renewal of a certificate, at maturity, the
funds will be distributed to a savings account. Certificate rate will not be paid
beyond date of maturity. Your receipt will display your renewal option.
We May Choose Not to Apply Penalties in the Following Circumstances
(1) Death of any owner of this certificate. (2) Owner of certificate is determined
to be incompetent by a court or other body of competent jurisdiction. (3)
When the account is an IRA and the owner attains age 59 ½ or becomes
disabled. (4) If certificate is withdrawn within ten (10) day grace period. (5) After
a merger or where federal deposit insurance has been lost. If this Certificate
is payable to joint owners with right of survivorship, such owners agree each
with the other and with the Credit Union that the sum represented by this
Certificate and all accumulations thereon are and shall be owned by them as
joint owners with right of survivorship, and either such owner alone shall have
the right and authority to take action affecting this Certificate. Any notice
provided for herein shall be good and valid when given by or directed to either
of such owners, and payment to or on direction of either of such owners, or
the survivor, shall be valid and discharge the Credit Union from liability.
Bonuses
The Credit Union may periodically offer a bonus in conjunction with a deposit
account. On the occasion that this offer is made, you will be notified of any
minimum balance or time requirements to obtain this bonus.
National Credit Union Share Insurance Fund
Member accounts in this Credit Union are federally insured by the National
Credit Union Share Insurance Fund.
PROTECTING YOUR ACCOUNT AND YOUR INFORMATION; THIRD
PARTY APPLICATIONS
Third-Party Payment Services and Applications
If you link any of your accounts or services to a third-party application or
payment service (including but not limited to PayPal, Zelle or Venmo) you
understand and agree that these are not Credit Union services; and any
transactions you make will be subject to your agreements with the app
or service provider. You understand that these apps and services do not
provide the same protections from fraud or other misapplication of funds as
traditional direct banking services.
If we transfer any funds as directed by you or anyone you authorize to the
app or third-party service provider such transfer(s) shall in all respects be
an authorized transaction and we will have no further obligation or liability
if the app or provider then transfers the funds to a fraudster or the funds
are otherwise misapplied. Further, you understand that funds transferred
to/via a third-party App may not be federally or otherwise insured; and you
assume all risks should your funds become unavailable for any reason.
Protecting Business Accounts
If we have expressly recommended that you use a fraud prevention service
or industry best practice and you either (a) decide not to implement or use
the recommended service or industry best practice or (b) fail to use it in
accordance with the applicable service description or our other applicable
documentation, then you are responsible for all losses that could have been
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prevented or mitigated by correct use of the recommended service or best
practice.
Third-party payment processing agreements require you to monitor your
accounts very carefully and may require you to report certain disputes, returns
or unauthorized activity within as little as two (2) business days. Failure to
abide by such agreements may impair any claims you may have, and the Credit
Union encourages you to obtain and monitor those third-party agreements
through whom you determine your Company will offer services or make or
facilitate transactions.
Verifying Your Identity With Your Mobile Device And Your Wireless
Company The Credit Union may collect, use, and retain personal or other
information about you or your mobile device to assist in verifying your
identity. We may rely on such information provided to us by your wireless
company, and you authorize them to disclose: (1) Your mobile number, name,
address, email; and (2) Network status, member type, member role, billing
type, mobile device identifiers (IMSI and IMEI), and other subscriber and
device details to Credit Union and our service providers for the duration of
the account relationship.
Review our Privacy Notice for how we treat your data. You represent that
you are the owner of the mobile phone number or have the delegated legal
authority to act on behalf of the mobile subscriber to provide this consent.
STATEMENTS, INTEREST, AND OTHER ACCOUNT INFORMATION
Statements And Notices
We’ll make available to you a periodic statement of your account activity
for each statement period, using the postal or email address associated with
your account and as required by law. We’ll do the same with notices. If your
delivery preference is electronic, we’ll notify you by email that your statement
or notice is available online. You must be at least 13 years old to receive online
statements, unless parental consent has been provided in a format acceptable
to us.
We’ll send statements and notices to one owner of a jointly owned account,
and you agree that owner is responsible for sharing copies of the information
with all other owners.
Your statement is considered received by you on the second business day
after we mail it to you or, if your delivery preference is electronic, when it’s
available through online banking. You agree to this timing even if the postal or
email address you provided us is invalid.
Statements will be provided to the fiduciary upon any trust, custodial or other
fiduciary account; and the requirements of this paragraph will be binding on
all parties in interest with regard to such accounts pursuant to such delivery.
Contact us via mail, Attn: Contact Center, P.O. Box 1188, Marietta, Georgia
30061- 1188, if you do not receive your regular statement. If you do not receive
or have any problem accessing a periodic statement, you agree to notify us in
writing within fourteen (14) days of the date that the statement is usually sent
or made available by us. If you do not notify us, you will be deemed to have
received the statement for all purposes.
YOUR DUTY TO EXAMINE AND REPORT PROBLEMS: AS USED IN THIS
SECTION, THE TERM “PROBLEM” MEANS ANY ERROR, ALTERATION,
COUNTERFEIT CHECK, OR UNAUTHORIZED TRANSACTION (INCLUDING,
BUT NOT LIMITED TO, FORGED OR MISSING SIGNATURES AND
CONSUMER ELECTRONIC BANKING TRANSACTIONS) RELATED TO YOUR
ACCOUNT. BECAUSE YOU ARE IN THE BEST POSITION TO DISCOVER ANY
PROBLEM, YOU AGREE THAT IT IS YOUR DUTY TO PROMPTLY EXAMINE
YOUR STATEMENT AND REPORT TO US ANY PROBLEM ON OR RELATED
TO YOUR STATEMENT. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE
FOR ANY PROBLEM THAT: (1) YOU DO NOT REPORT TO US IN WRITING
WITHIN A REASONABLE TIME NOT TO EXCEED SIXTY (60) CALENDAR
DAYS AFTER WE MAIL THE STATEMENT (OR MAKE THE STATEMENT
AVAILABLE) TO YOU; (2) RESULTS FROM A FORGERY, COUNTERFEIT OR
ALTERATION SO CLEVER THAT A REASONABLE PERSON CANNOT DETECT
IT (FOR EXAMPLE, UNAUTHORIZED CHECKS MADE WITH YOUR FACSIMILE
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OR OTHER MECHANICAL SIGNATURE DEVICE OR THAT LOOK TO AN
AVERAGE PERSON AS IF THEY CONTAIN AN AUTHORIZED SIGNATURE);
OR (3) AS OTHERWISE PROVIDED BY LAW OR REGULATION. YOU AGREE
THAT THIS SIXTY (60) DAY PERIOD TO EXAMINE YOUR STATEMENT AND
REPORT PROBLEMS TO US ARE WITHOUT REGARD TO OUR LEVEL OF
CARE OR THE COMMERCIAL REASONABLENESS OF OUR PRACTICES, AND
WITHOUT REGARD TO WHETHER CANCELED CHECKS ARE SUPPLIED TO
YOU.
You agree to waive any rights to recovery you may have against us if you do
not provide notice to us in the manner and within the time required by this
Agreement. You may not start a legal action against us because of any problem
unless: (a) you have given us the above notice and (b) the legal action begins
within one year after we send or make your statement available to you. If you
make a claim against us in connection with a problem, we reserve the right to
conduct a reasonable investigation before re-crediting your account and you
agree to fully cooperate in such investigation. Within 30 days of the date of
mailing, you agree to complete and return an affidavit of forgery on the form
we provide you along with any other information we may request. You further
agree to file a police report if we request. If you refuse to sign such an affidavit
or fail to return the affidavit and other requested documentation within 30
days of the date, we mail it to you, you agree that we may consider the matter
resolved and reverse any provisional credit provided. At our sole discretion,
we may, but are not obligated to, provisionally credit your account during
the investigation for all or a portion of the amount claimed. Any provisional
credit to your account may be reversed if you fail to fully cooperate in our
investigation or, if as a result of our investigation, we determine that the
charge to your account was proper. You agree to pay any fees assessed or
accrued against your account during the investigation or that may arise upon
reversal of any provisional credit.
Notwithstanding the foregoing, the time period for notifying us or making
a claim under the Check 21 Act, with respect to a substitute check or an
image of a substitute check that is sent with a statement or that appears on a
statement, will be as set forth in the Check 21 Act.
Combined Statements
We may combine statements for accounts with at least one common owner,
in which case we consider the first account listed on your statement as
your primary account. We’ll make available your account statement through
the address listed for your primary account. Statements for accounts in a
combined statement will be delivered according to the delivery preference
of the primary account.
If provided electronically, statements will be (1) e-mailed to you as an
attachment; or (2) you will be sent a notice via e-mail that will direct you to a
site where you may access your statement as otherwise agreed. E-mails from
us will be sent to the e-mail address provided by any owner. Statements will be
provided to the fiduciary upon any trust, custodial or other fiduciary account;
and the requirements of this section will be binding on all parties in interest
with regard to such accounts pursuant to such delivery. If you have agreed
to receive notices electronically, we may send you notices electronically and
discontinue mailing paper notices to you until you notify us that you wish to
reinstate receiving paper notices.
Changing Statement Period and Fee Period for Checking and Non-IRA
Savings Accounts
We may change the statement period and fee period assigned to your
account without advance notice. If your account is dividend-bearing, these
changes won’t affect dividend calculations, but they may affect the date we
post dividends to your account.
Check Safekeeping and Check Image Service
We don’t return your physical paid checks in your statements. Instead, we
make copies of your paid checks available online, by calling us, or at our
branches.
Change of Address
You agree to promptly notify us of any change to your postal or email address.
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We’ll change your postal or email address within a reasonable time after you
request it. If you have a combined statement, any owner of the primary
account can change the address of all accounts included in the combined
statement. Unless you instruct otherwise, we may change the postal or
electronic address only for the account(s) you specify or for all or some of
your other account(s) with us.
We may update your address in our records without a request from you if: (1)
we identify a need to rely on another address you have provided us; or (2) we
receive an address change notice from the U.S. Postal Service or information
from another party in the business of providing correct address details that
does not match the address in our records for your account or card.
Consumer accounts only: Electronic fund transfers are subject to different
time periods for notification of errors, as described in the “Electronic Fund
Transfer Disclosure” section of this Agreement. Common examples of
electronicfund transfers are ATM, debit card, and Bill Pay transactions.
Consumer accounts only: For specific information on unauthorized electronic
fund transfers, see the “Electronic Fund Transfer Disclosure” section of this
Agreement.
Adverse Claims Against Your Account
An adverse claim occurs when:
• Any person or entity makes a claim against your account or
funds in your account,
• We believe a conflict exists between or among your
account’s owners, or
• We believe a dispute exists over who has account ownership
or authority to withdraw funds from your account
• In these situations, we may take any of the following actions
without any responsibility or liability to you:
• Continue to rely on the documents we have on file for your
account
• Honor the claim against your account funds if we’re satisfied
the claim is valid
• Freeze all or a part of the funds in your account until we
believe the dispute is resolved to our satisfaction
• Close your account and send a check or other item for the
available balance in your account payable to you or to you
and each person or entity who claimed the funds
• Pay the funds into an appropriate court and/or petition the
court to resolve the dispute
We also may charge you and/or any account you keep with us for our fees
and expenses in taking these actions (including attorney’s fees and expenses,
and court costs).
If You Carry Special Insurance for Employee Fraud/Embezzlement (Business
accounts only)
If you have special insurance for employee fraud/embezzlement, we may
require you to file your claim with your insurance company before making any
claim against us. In such event, we’ll consider your claim only after we have
reviewed your insurance company’s decision, and our liability to you, if any,
will be reduced by the amount your insurance company pays you.
Other Insurance (Business accounts only)
If you make any claim that relates to a business account, you agree to pursue
all rights you may have under any insurance coverage you maintain before
making any claim against us in connection with any transaction involving your
accounts. You will provide us with all reasonable information about your
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coverage, including the name of your carrier, policy number, policy limits and
applicable deductibles. Any liability we may have to you is reduced by the
amount of all insurance proceeds you receive or are entitled to receive. At our
request, you agree to assign to us your rights under your insurance policy(ies).
Restricting Access to Your Account
If we suspect any suspicious, irregular, fraudulent, unauthorized, dispute
as to ownership or unlawful activities, we can prevent, delay, or decline
transactions, freeze all or some of the funds in any account with us that you
keep or control, and otherwise restrict access to your account. We may take
these actions in our sole discretion and without liability to you, but we are not
obligated to take any such actions.
Converting Accounts
We can convert your account to another type of deposit account (by giving
you any required notice) if:
• You use it inappropriately or fail to meet or maintain
the account’s requirements, including minimum balance
requirements;
• We determine an account is inappropriate for you based on
your use;
• We stop offering the type of account you have; or
• You use a personal account for business activities
Sharing Information About Your Account With Others
Generally, if we don’t have your consent, we won’t share information about
your account. However, we may share information about your account in
accordance with our Privacy Policy. For specific information on our privacy
practices, see the “Privacy Policy” section of this agreement.
Tax Identification Number Certification Requirements
U.S. Treasury regulations require us to determine the tax residency of all
members and payees who could receive income that is reportable to the IRS.
We accomplish this by obtaining a Form W-9 from all U.S. taxpayers and a type
of Form W-8 from all foreign members.
• We use Form W-9 or a substitute equivalent to document
• U.S. tax residency and obtain a Taxpayer Identification
Number (“TIN”) from the primary owner of each account.
Until we have received the Form W-9 and TIN, we are
required to apply backup withholding to any income earned
• Foreign individuals (also referred to as nonresident aliens)
and foreign entities document their tax residency outside
the U.S. on the applicable type of Form W-8 or an
acceptable substitute equivalent. That form also allows us
to apply the correct withholding rate or exemption to your
income earned in the U.S. If you don’t provide a valid type
of Form W-8, we’re required to apply the 30% withholding
rate, or in some cases, presume you’re an uncertified U.S.
taxpayer subject to backup withholding on all income and
gross proceeds regardless of whether or not it’s U.S. sourced
• Accounts jointly owned by at least one foreign individual or
entity must provide a Form W-8 or Form W-9, as applicable,
for all of the joint owners
• Foreign individuals provide a Form W-8BEN. Foreign entities
that are the beneficial owner of the income provide a Form
W-8BEN-E unless they can make a special withholding
exemption claim and instead provide either a Form W-8EXP
or Form W-8ECI
• Entities that act as intermediaries or flow-through entities
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receiving income on behalf of someone else provide a
Form W-8IMY. In some cases, that Form W-8IMY must also
include a withholding statement that allocates the income
to each of the beneficial owners and copies of the tax
certification documentation for those underlying beneficial
owners
If you own your account as an individual or sole proprietor, upon your death,
we must be provided with the estates or successor’s IRS Form W-9 or Form
W-8. If these are not provided, we may either refuse to pay interest earned on
your account from the date of your death or apply backup withholding on the
income earned after the date of your death.
Your Tax Responsibility
You’re responsible for paying applicable state and local sales taxes on your
account fees. These taxes vary by location. You also agree to pay an amount
equal to any other applicable taxes, including backup withholding tax. We will
charge you for all the foregoing taxes and amounts. You also agree to pay an
amount equal to any other applicable taxes, including backup withholding tax.
Communications About Your Account
You agree that we may contact you by phone, text, email, or mail to service
your account or collect amounts you owe us. You will provide us accurate
and current contact information. We can contact you at any address, phone
number, or email address you provide.
When you give us a phone number, you expressly consent that we (and any
party acting on our behalf) may contact you by phone call or text message at
that number. When we call you, you agree that we may leave prerecorded or
artificial voice messages. You also agree that we may use automatic telephone
dialing systems in connection with calls or text messages sent to any phone
number you give us, even if the receiving number is a mobile phone or other
service for which the party called may be charged.
Communicating with authorized signers: We may provide you or an
authorized signer with information about your account. When we receive
information from an authorized signer, we treat it as a communication from
you. You agree to notify us promptly in writing if an authorized signer no
longer has authority on your account.
TERMINATION OR RESTRICTION OF ACCOUNT(S) AND SERVICE(S)
AND POLICY ON MEMBER/USER/VISITOR CONDUCT AND
BEHAVIOR:
You may terminate your membership by providing us written notification.
Termination will not release you from any fees or obligations you owe us, those
incurred in the process of closing your accounts or services or your liability
on outstanding items or transactions. You may terminate a single party account
at any time by notifying us in writing. We have the right to require the written
consent of all parties to a multiple party account for termination. You further agree
that we can terminate your membership, any account or service for cause based on any
of the circumstances defined in this Agreement; without notice or further action.
We, in our sole discretion, may terminate, limit or restrict, or change the terms,
as we in our sole discretion deem appropriate, on any of your account(s) or
service(s), including but not limited to loan services, or place a freeze on any
sums on deposit with us at any time without notice or require you to close your
account(s) and/or service(s) and apply for a new account(s) and/or services(s)
if: (1) there is a request to change the owners or authorized users; (2) there is a
fraud and/or forgery or unauthorized use committed or reported; (3) there is
a dispute as to ownership of any account or sum on deposit; (4) there are any
checks that are lost or stolen; (5) there are returned unpaid items-transactions
not covered by an overdraft protection with us or any abuse of any such
protection per our assessment thereof; (6) there is any misrepresentation
regarding any account(s) or service(s); (7) the Credit Union incurs any loss or
believes it may incur any loss relating to any loan(s), account(s) or service(s) you
have with us; (8) we believe you have been negligent in protecting any access
devices or codes; (9) we deem it necessary to protect the Credit Union from
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any risks or losses, or otherwise deem it to be in the best interests of the Credit
Union, our members or our employees; (10) you breach any promise under this
Agreement or any other agreements with us including but not limited to any
default or other delinquency with regard to any loan or other agreements; (11)
if bankruptcy or any other insolvency proceeding is filed by or against you,
or if we otherwise deem you to be insolvent or incapable of meeting your
obligations to us; (12) you refuse or fail to cooperate with the Credit Union
as needed to assess any services, transactions or issues [this will in no way
affect any claims you may assert under any federal or state laws which do not
expressly provide a duty to cooperate and any non-cooperation will only be
considered in assessing risks associated with providing services to you in the
future]; (13) you have an account that does not maintain a required par value
for a membership account or any balance as to all other accounts; (14) you
violate any Credit Union policy, procedure or standard or any law, regulation
or rule; (15) if you participate or facilitate any transactions for another person
who is prohibited from making transactions with us pursuant to applicable laws
or Credit Union policy and/or procedure; (16) making unauthorized posting(s),
defacing or removing notices or signs on Credit Union premises and/or social
media sites without management authorization; (17) misappropriating Credit
Union funds, property, or other material proprietary to the Credit Union;
(18) deliberately or repeatedly violating security procedures or safety rules;
(19) possessing, using, or being under the influence of illicit drugs on Credit
Union premises; or (20) engaging in use or possession of weapons of any
kind on Credit Union premises except for on-duty law enforcement officers
or security officers; or (21) displaying and/or engaging in “inappropriate” or
“abusive conduct” as defined by the Credit Union to protect Credit Union
employees and members; or (22) any new US or other Country’s laws, rules,
regulations or other requirements make it impractical or impossible for the
Credit Union to meet the requirements of such laws, rules, regulations or
other requirements.
Notice on Actions We may take upon Termination as Set Forth Above:
We, on our own accord, may place a stop payment on any check, item, or
transaction if we are notified or otherwise reasonably believe that any of the
foregoing circumstances have occurred. If you do not accept any deposit
or part of a deposit that we attempt to return after termination, then such
deposit will no longer earn dividends. We are not responsible for any check,
withdrawal, item or transaction after your account is terminated. However, if
we pay any item after termination, you agree to reimburse us upon demand.
Joint Accounts or Services: In our sole discretion, we may require the party
to whom the restrictions or termination of the above remedies affecting
any accounts or services with multiple owners or parties, when applicable
be: (1) removed; (2) close the account and then open a new account absent
the affected owner or party; or (3) the restrictions may be applied to the
account or service. The Credit Union has no obligation to provide any specific
information regarding the basis for taking action under this section to any
other owners or parties.
Residence Outside the U.S., Its Possessions, or Territories: We may require
that all checking accounts and related services be closed or deactivated if you
move your residence to a country or place outside the U.S., its possessions or
territories. The Credit Union may close your checking account(s) and related
services if you do not do so.
Inactive or Dormant Accounts
If your account falls below any applicable minimum balance and you have not
made any transactions within the period of time specified in the Consumer or
Business Account Fee schedule, we may classify your account as inactive and
may charge a fee. Although having no obligation to do so, we reserve the right
to not classify a particular account as either inactive or dormant if any owner
thereof has any active accounts or services with us.
Your account may be declared dormant pursuant to applicable state
laws. Unless specifically prohibited by applicable law, we may also charge a
service fee as permitted by law for processing your dormant account. Unless
prohibited by applicable law, we further reserve the right to transfer your
dormant account funds to a general Credit Union account and to suspend any
further account statements.
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(CONSUDMISPERU TREE LRAETSIOOLNUSTHIOIPNS ONLY)
Mediation and Arbitration
If you have a dispute with us, we hope to resolve it as quickly and easily as
possible. First, discuss your dispute with us. If a Credit Union employee is
unable to resolve your dispute, you agree that either Credit Union or you can
initiate arbitration as described in this section. If we are unable to resolve a
dispute arising out of or relating to any, this Agreement, any other agreements
relating hereto, any transaction or any other matters between us, including a
claim based on or arising from an alleged tort, through good faith negotiation,
then such dispute shall be referred to mediation before a neutral party,
pursuant to applicable Georgia law, rules, regulations and the Rules of the
Georgia Supreme Court. The parties shall share equally the expenses of such
mediation and/or arbitration.
If mediation in accordance with this Section does not resolve a dispute, or
the dispute is not eligible for mediation, it shall be determined by binding
arbitration at the request of either party pursuant to the provisions below.
No provision of this Mediation and/or Arbitration shall limit the right of a
party to obtain provisional or ancillary remedies from a court of competent
jurisdiction before, after or during the pendency of any proceedings covered
by these terms. The exercise of a remedy does not waive the right of either
party to resort to binding arbitration pursuant to the terms that follow.
All terms and conditions outlined in “Dispute Resolution”, including any
questions or disputes regarding the enforceability of any term or condition,
such as waiver of a jury trial or the ability to bring, join, or consolidate a class
action, shall also apply to any mediation.
Arbitration means an impartial third party will hear the dispute between
Credit Union and you and provide a decision. Binding arbitration means the
decision of the arbitrator is final and enforceable. A dispute is any unresolved
disagreement between Credit Union and you. A dispute may also include a
disagreement about this Arbitration Agreement’s meaning, application, or
enforcement.
Credit Union and you each agree to waive the right to a jury trial or a trial
in front of a judge in a public court.
Arbitration is beneficial because it provides a legally binding decision in a more
streamlined, cost-effective manner than a typical court case. But, the benefit
of arbitration is diminished if either Credit Union or you refuse to submit to
arbitration following a lawful demand. Thus, the party that does not agree to
submit to arbitration after a lawful demand must pay all of the other party’s
costs and expenses for compelling arbitration.
Neither Credit Union nor you will be entitled to join or consolidate disputes
by or against others as a representative or member of a class, to act in any
arbitration in the interests of the general public, or to act as a private attorney
general. If any provision related to a class action, class arbitration, private
attorney general action, other representative action, joinder, or consolidation
is found to be illegal or unenforceable, the entire Arbitration Agreement will
be unenforceable.
Right to Opt Out
You may opt-out of this Arbitration Provision by calling us toll free at:
1-800-541-8921, call locally at: 770-424-0060, or by sending us a written
notice to the address above, including your name(s), account number(s),
and a statement that you do not wish to be governed by the Arbitration
Provision in your Account Agreement (the “Opt-Out Notice”). If an account
is jointly owned, one owner’s rejection of this provision will be deemed to
be a rejection by all joint owners. In all other circumstances, your rejection
of this provision will not be deemed to be a rejection of this provision by
any person or entity other than you.
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To be effective, your written Opt-Out Notice must be: (1) sent to us by
first class mail or certified mail, return receipt requested, at: Address for
Opt-Out, and (2) signed by you including the information set forth above.
We must receive your telephone call or written notice within forty-five (45)
days after either: (i) the date this Arbitration Provision was first delivered
or otherwise made available to you, in paper or electronic form, or (ii)
the day you open your account, whichever is later. Your decision to opt
out will not affect any other provision of your Membership and Account
Agreement. If the Arbitration Provision of your Membership and Account
Agreement has already been delivered or otherwise made available to you,
amendments to your Membership and Account Agreement will not give
you a new right to opt out of this Arbitration Provision, unless we amend a
substantive clause of the Arbitration Provision.
Opting out does not affect the above waiver of trial, joinder, and
consolidation rights.
Applicable Rules
Credit Union and you each agree that:
• The American Arbitration Association (AAA) will administer
each arbitration and the selection of arbitrators according to
the AAA’s Consumer Arbitration Rules (AAA Rules)
• If there are any differences between the AAA Rules and this
Arbitration Agreement, this Arbitration Agreement applies.
If this Arbitration Agreement is in dispute, the arbitrator will
decide whether it is enforceable
• Credit Union and you are participating in commercial
transactions involving the movement of money or goods
among states
• The Federal Arbitration Act (Title 9 of the United States
Code) governs this Arbitration Agreement and any
arbitration between Credit Union and you. If the Act or any
part of it is inapplicable, unenforceable or invalid, the state
laws governing your relationship with Credit Union govern
this Arbitration Agreement
Either Credit Union or you may submit a dispute to binding arbitration at any time,
regardless of whether a lawsuit or other proceeding has previously begun. For
information on initiating arbitration, contact the AAA at 1-800-778-7879.
Fees and Expenses
The Credit Union will pay any costs that are required to be paid by us under
the arbitration administrator’s rules and procedures, and subject to applicable
law. If the arbitrator rules in your favor on any claim presented, we will
reimburse you for arbitration filing fees you have paid up to $700.00. Please
check with the arbitration administrator to determine the fees applicable to
any arbitration you file.
Applying state law: The laws governing your account may limit the amount of
fees and expenses you are required to pay in arbitration. Your arbitration fees
and expenses will not exceed any applicable limits.
Paying for attorney/expert/witness fees: Unless applicable laws state
otherwise, each party will pay its own attorney, expert, and witness fees. This
rule applies no matter which party wins arbitration.
(BUSINDEISSPSU RTEEL ARTEISOONLSUHTIIPOSN ONLY)
Arbitration Agreement Between You and the Credit Union
If you have a dispute with us, we hope to resolve it as quickly and easily as
possible. First, discuss your dispute with us. If a Credit Union employee is
unable to resolve your dispute, you agree that either Credit Union or you can
initiate arbitration as described in this section.
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Arbitration means an impartial third party will hear the dispute between
Credit Union and you and provide a decision. Binding arbitration means the
decision of the arbitrator is final and enforceable. A “dispute” is any unresolved
disagreement between Credit Union and you. A “dispute” may also include
a disagreement about this Arbitration Agreement’s meaning, application, or
enforcement.
Except as stated in “No waiver of self-help or provisional remedies” below,
Credit Union and you agree, at Credit Union’s or your request, to submit to
binding arbitration all claims, disputes, and controversies between or among
Credit Union and you (and their respective employees, officers, directors,
attorneys, and other agents), whether in tort, contract or otherwise arising
out of or relating in any way to your account(s) and/or service(s), and their
negotiation, execution, administration, modification, substitution, formation,
inducement, enforcement, default, or termination (each, a “dispute”).
DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY
A JUDGE OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CREDIT
UNION AND YOU EACH IRREVOCABLY AND VOLUNTARILY WAIVE THE
RIGHT EACH MAY HAVE TO A TRIAL BY JURY FOR ANY DISPUTE ARBITRATED
UNDER THIS AGREEMENT.
Aside from self-help remedies, this Arbitration Agreement has only one
exception: Either Credit Union or you may still take any dispute to small claims
court. Any matter subject to the jurisdictional limits of any applicable small
claims court is not subject to arbitration.
Arbitration is beneficial because it provides a legally binding decision in a more
streamlined, cost-effective manner than a typical court case. But, the benefit
of arbitration is diminished if either Credit Union or you refuse to submit to
arbitration following a lawful demand. Thus, the party that does not agree to
submit to arbitration after a lawful demand by the other party must pay all of
the other party’s costs and expenses for compelling arbitration.
Class Action or Representative Suit Not Permitted
Credit Union and you agree that the resolution of any dispute arising pursuant
to the terms of this Agreement will be resolved by a separate arbitration
proceeding and will not be consolidated with other disputes or treated as
a class. Neither Credit Union nor you will be entitled to join or consolidate
disputes by or against others as a representative or member of a class, to act
in any arbitration in the interests of the general public, or to act as a private
attorney general. If any provision related to a class action, class arbitration,
private attorney general action, other representative action, joinder, or
consolidation is found to be illegal or unenforceable, the entire Arbitration
Agreement will be unenforceable.
Applicable Rules. Credit Union and you each agree that the arbitration will:
• Proceed in a location mutually agreeable to Credit Union
and you, or if the parties cannot agree, in a location selected
by the American Arbitration Association (AAA) in the state
whose laws govern your account
• Be governed by the Federal Arbitration Act (Title 9 of the
United States Code), notwithstanding any conflicting choice
of law provision in any of the documents between Credit
Union and you
• Be conducted by the AAA, or such other administrator
as Credit Union and you will mutually agree upon, in
accordance with the AAA’s commercial dispute resolution
procedures, unless the claim or counterclaim is at least
$1,000,000 exclusive of claimed interest, arbitration fees
and costs in which case the arbitration will be conducted
in accordance with the AAA’s optional procedures for large,
complex commercial disputes (the commercial dispute
resolution procedures or the optional procedures for
large, complex commercial disputes to be referred to, as
applicable, as the “rules”)
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If there is any inconsistency between the terms hereof and any such rules,
the terms and procedures set forth herein will control. Any party who fails or
refuses to submit to arbitration following a lawful demand by any other party
will bear all costs and expenses incurred by such other party in compelling
arbitration of any dispute. Nothing contained herein will be deemed to be a
waiver by Credit Union of the protections afforded to it under applicable laws.
GENERAL PROVISIONS FOR BOTH CONSUMER AND BUSINESS
RELATIONSHIPS—RESOLVING DISPUTES THROUGH ARBITRATION
Scope of Arbitration Coverage
Under the terms of these Arbitration Provisions, and except as set forth
above, Claims (as defined below) will be resolved by individual (and not classwide)
binding arbitration in accordance with the terms specified herein, if you
or we elect it. These provisions shall apply to any claim arising or relating to
any Claim existing now or in the future and shall apply to existing and future
accounts, loans and other Credit Union services.
“Claim.” For purposes of this Arbitration Provision, the word “claim” means
any dispute associated with or arising from any one or more savings, checking
or other accounts you have with us and the features and services provided in
connection with it or them. Claim also includes collectively and separately,
any services associated with any account. Further, “claim” shall include any
loan or lending relationship with us as a borrower, co-borrower, guarantor,
owner of collateral or third-party pledgor. A loan or lending relationship shall
include any products or services obtained in connection with or arising from
the lending relationship.
All statutes of limitation applicable to any dispute apply to any arbitration
between you and the Credit Union. The provisions of this arbitration
agreement shall survive termination or amendment of the account/services
relationships or any other relationships between you and the Credit Union.
No Waiver of Self-Help or Provisional Remedies
This arbitration requirement does not limit the rights of Credit Union or
you to: 1) preserve or obtain possession of property; 2) exercise self-help
remedies, including set-off, or 3) obtain provisional or ancillary remedies such
as injunctive relief or attachment, before, during, or after the pendency of any
arbitration proceeding. This exclusion does not constitute a waiver of the right
or obligation of either party to submit any dispute to arbitration or reference
hereunder, including those arising from the exercise of the actions detailed
above.
Arbitrator’s Qualifications and Power
Any dispute in which the amount in controversy is $5,000,000 or less will be
decided by a single arbitrator selected according to the rules, and who will
not render an award of greater than $5,000,000. Any dispute in which the
amount in controversy exceeds $5,000,000 will be decided by majority vote
of a panel of three arbitrators; provided however, that all three arbitrators
must actively participate in all hearings and deliberations. Each arbitrator will
be a neutral attorney licensed in the state whose laws govern your account,
or a neutral, retired judge in such state, in either case with a minimum of ten
years’ experience in the substantive law applicable to the subject matter
of the dispute to be arbitrated. The arbitrator(s) will determine whether or
not an issue is arbitratable and will give effect to the statutes of limitation in
determining any claim.
In any arbitration proceeding the arbitrator(s) will decide (by documents
only or with a hearing at the discretion of the arbitrator(s)) any pre-hearing
motions which are similar to motions to dismiss for failure to state a claim or
motions for summary adjudication. The arbitrator(s) will resolve all disputes
in accordance with the substantive law of the state whose laws govern your
account and may grant any remedy or relief that a court of such state could
order or grant within the scope hereof and such ancillary relief as is necessary
to make effective any award. The arbitrator(s) will also have the power to
award recovery of all costs and fees, to impose sanctions, and to take such
other action as deemed necessary to the same extent a judge could pursuant
to the federal rules of civil procedure, the state rules of civil procedure for the
state whose laws govern your account, or other applicable law. Judgment upon
55
the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction. The institution and maintenance of an action for judicial relief or
pursuit of a provisional or ancillary remedy will not constitute a waiver of the
right of any party, including the plaintiff, to submit the controversy or claim to
arbitration if any other party contests such action for judicial relief.
Discovery
In any arbitration proceeding, discovery will be permitted in accordance with
the rules. All discovery will be expressly limited to matters directly relevant
to the dispute being arbitrated and must be completed no later than 20
days before the hearing date. Any requests for an extension of the discovery
periods, or any discovery disputes, will be subject to final determination
by the arbitrator upon a showing that the request for discovery is essential
for the party’s presentation and that no alternative means for obtaining
information is available.
Fees and Expenses
The arbitrator will award all costs and expenses of the arbitration proceeding.
Additional Rules for an Arbitration Proceeding
To the maximum extent practicable, the AAA, the arbitrator(s), Credit Union
and you will take all action required to conclude any arbitration proceeding
within 180 days of the filing of the dispute with the AAA. The arbitrator(s),
Credit Union or you may not disclose the existence, content, or results
thereof, except for disclosures of information by Credit Union or you required
in the ordinary course of business, by applicable law or regulation, or to the
extent necessary to exercise any judicial review rights set forth herein. If
more than one agreement for arbitration by or between Credit Union and
you potentially applies to a dispute, the arbitration agreement most directly
related to your account or the subject matter of the dispute will control. This
arbitration agreement will survive the closing of your account or termination
of any service or the relationship between Credit Union and you.
The Right to Pursue Claims in Small Claims Court
Notwithstanding anything to the contrary, Credit Union and you each
retains the right to pursue in small claims court a dispute within that court’s
jurisdiction. Further, this arbitration agreement will apply only to disputes in
which either party seeks to recover an amount of money (excluding attorneys’
fees and costs) that exceeds the jurisdictional limit of the small claims court.
Arbitration Location
Any arbitration will be held in the location of the Credit Union’s principal
offices as explained in the section below “Laws governing your account” and
the Rate Addendum and Personal or Business Account Fee Schedule which is
an integral part of this Agreement.
Applicable Rules
Credit Union and you each agree that:
• The American Arbitration Association (AAA) will administer
each arbitration and the selection of arbitrators according to
the AAA’s Consumer Arbitration Rules (AAA Rules)
• If there are any differences between the AAA Rules and this
Arbitration Agreement, this Arbitration Agreement applies.
If this Arbitration Agreement is in dispute, the arbitrator will
decide whether it is enforceable
• Credit Union and you are participating in commercial
transactions involving the movement of money or goods
among states
• The Federal Arbitration Act (Title 9 of the United States
Code) governs this Arbitration Agreement and any
arbitration between Credit Union and you. If the Act or any
part of it is inapplicable, unenforceable or invalid, the state
laws governing your relationship with Credit Union govern
this Arbitration Agreement
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Either Credit Union or you may submit a dispute to binding arbitration at
any time, regardless of whether a lawsuit or other proceeding has previously
begun. For information on initiating arbitration, contact the AAA at 1-800-778-7879.
Fees and expenses
The Credit Union will pay any costs that are required to be paid by us under
the arbitration administrator’s rules and procedures, and subject to applicable
law. If the arbitrator rules in your favor on any claim presented, we will
reimburse you for arbitration filing fees you have paid up to $700.00. Please
check with the arbitration administrator to determine the fees applicable to
any arbitration you file.
Applying State Law
The laws governing your account may limit the amount of fees and expenses
you are required to pay in arbitration. Your arbitration fees and expenses will
not exceed any applicable limits.
Paying for Attorney/Expert/Witness Fees
Unless applicable laws state otherwise, each party will pay its own attorney,
expert, and witness fees. This rule applies no matter which party wins
arbitration.
Arbitration Location
Any arbitration will be held in the location of the Credit Union’s principal
offices as explained in the section below “Laws governing your account” and
the Rate Addendum and Personal or Business Account Fee Schedule which is
an integral part of this Agreement.
ADDITIONAL TERMS AND SERVICES
Laws Governing Your Account
This Agreement and your and our rights and obligations under this Agreement
and any other relationships to which this Agreement applies, are governed
and interpreted according to federal law and the law of the state where your
account is located. If you are not sure where your account is located, please
refer to the Rate Addendum and Personal or Business Account Fee Schedule,
which is a part of this Agreement. Generally, your account is located in the
State of the Credit Union’s principal office. We reserve the right to transfer
your account to another location in another state, which will be noted in
the Rate Addendum and Personal or Business Account Fee Schedule or any
amendments provided to you. If state law and federal law are inconsistent,
or if state law is preempted by federal law, federal law governs in all respects.
Our website and the electronic services that we provide (excluding linked
sites) are controlled by the Credit Union from its principal offices noted in
this Agreement. While you may choose to access our website and electronic
services from other locations, we make no representation that any information,
materials, or functions included in our website or via our electronic service
are appropriate or authorized for use in other jurisdictions. Your access from
other locations is made on your own initiative; and you are solely responsible
for compliance with any applicable local laws and regulations. Section
headings in this Agreement are for convenience of reference only. If any law or
judicial ruling renders any term or condition of this Agreement unenforceable,
the remaining terms and conditions shall remain in full force and effect. We
reserve the right to waive enforcement of any of the terms set forth in this
Agreement regarding any transaction or series of transactions. Any such
waiver will not affect our right to enforce any of our rights with respect to any
owner, user or other applicable person/party; or to enforce any of our rights
with respect to other transactions. Any such waiver shall not modify the terms
and conditions of this Agreement.
Controlling Language
English is the controlling language of our relationship with you, including
the terms of this Agreement. Items you write such as checks or withdrawal
slips must be written in English. For your convenience, we may, but are not
obligated to (unless required by law), translate some forms, disclosures, and
advertisements into another language, but if there’s a discrepancy, the English
version prevails over the translation.
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Order of Precedence Between Agreements
If a service we offer has a separate agreement, and there’s a conflict between
the terms of this Agreement and the separate agreement, the conflicting
terms of the separate agreement will apply.
Legal Process
Legal process includes any levy, garnishment or attachment, tax levy or
withholding order, injunction, restraining order, subpoena, search warrant,
government agency request for information, forfeiture or seizure, and other
legal process relating to your account. We may accept and act on any legal
process we believe to be valid regardless of how and where it is served,
including if process is served in locations, states, or jurisdictions other than
where the account was opened or where the account, property, or records
are located. We may, but are not required to, provide notice of legal process
relating to your accounts. We may comply with legal process even though it
affects the interests of only one owner or authorized signer of a joint account.
Any fees, expenses (including attorney’s fees and expenses), or losses we incur
as a result of responding to legal process related to your account are your
responsibility. We may charge these costs to you or any account you maintain
with us.
Legal Dispute Location
Any lawsuit, claim, or other proceeding arising from or relating to your account
or this Agreement, will take place exclusively in the state or federal courts in
the listed above or in the Rate Addendum and Personal or Business Account
Fee Schedule, without regard to conflict of laws principles. This includes
enforcement of the Arbitration Agreement and entry of judgment on any
arbitration award. The location for venue and jurisdiction shall be the location
of the Credit Union’s principal offices where your account is maintained as
explained in this Agreement.
Changes to this Agreement
We may change the terms of this Agreement, including account fees and
features, at any time by adding new terms or conditions, or by modifying or
deleting existing ones. Changes to any account or account service requested
by any member or account owner can only be made with the express consent
of the Credit Union. The Credit Union, in its sole discretion, may: (1) change
or modify any term or condition of this Agreement, including the method
for determining dividends; (2) we may add new terms, conditions and
requirements that we deem necessary or in the Credit Union’s best interests;
and (3) we may make operational changes. We may make all such amendments
or changes as described at any time without notice except as expressly
required by applicable law, and any change in the Agreement shall be effective
at the earliest time allowed by applicable law. If applicable laws provide no
express time period, then notice 10-days or more in advance of the effective
date of any change shall be deemed sufficient. We may agree in writing to
waive a term of this Agreement, including a fee, and we may revoke any waiver.
Modification of Invalid Terms
Any term of this Agreement that is inconsistent with the laws governing your
account will be excluded to the extent of such invalidity. The invalid term
will be considered modified by us and applied in a manner consistent with
such laws. Such modification won’t affect the enforceability or validity of the
remaining terms of this Agreement.
Responsibilities and Liabilities Between Credit Union and You
We’re responsible for exercising ordinary care and complying with this
Agreement. When we take an item for processing by automated means,
ordinary care does not require us to examine the item. In all other cases,
ordinary care requires only that we follow standards that don’t vary
unreasonably from the general standards followed by similarly situated
financial institutions.
Except to the extent we fail to exercise ordinary care or to comply with this
Agreement, you agree to indemnify and hold us harmless from all claims,
demands, losses, liabilities, judgments, and expenses (including attorney’s fees and
expenses) arising out of or in any way connected with our performance under
this Agreement. This indemnification will survive termination of this Agreement.
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We won’t be liable for anything we do when following your instructions.
In addition, we won’t be liable if we don’t follow your instructions if we
reasonably believe that your instructions would expose us to potential loss
or civil or criminal liability, or conflict with customary banking practices. In
no event will either Credit Union or you be liable to the other for any special,
consequential, indirect, or punitive damages. The limitation doesn’t apply
where the laws governing your account prohibit it. We won’t have any liability
to you if your account does not have sufficient available funds to pay your
items due to actions we have taken in accordance with this Agreement.
Circumstances beyond your control or ours may arise and make it impossible
for us to provide services to you or for you to perform your duties under this
Agreement. If this happens, neither Credit Union nor you will be in breach of
this Agreement. If we waive a right with respect to your account on one or
more occasions, it does not mean we’re obligated to waive the same right on
any other occasion.
Your Obligation to Pay Our Fees
We’re permitted to either directly debit your account or bill you for our fees,
expenses and taxes incurred in connection with your account and any service.
If the available funds in your account are not sufficient to cover the debit, we
may create an overdraft on your account.
Virtual Currency
We do not accept accounts transacting in any type of virtual currency (cryptocurrency)
services or transactions. We do not accept any type of virtual
currency for loan payments or for payment of any other obligations to the
Credit Union. Prohibited transactions include but are not limited to: (i) wires
(incoming/ outgoing) (ii) ACH transactions (incoming/outgoing) (iii) privately
owned ATMs dealing specifically with crypto-currency (iv) credit or debit card
transactions. We may not be able to monitor or limit such transactions and
you agree we have no responsibility to detect, block, or limit your transactions
in virtual currencies should you choose to engage in such activity despite
these prohibitions.
Monitoring
We monitor all members and transactions. If prohibited activity, suspicious
activity and/or unsatisfactory account handling is detected, we will review the
account and take action either by limiting services or closing the account.
Right to Reject, Delay or Suspend
We will not be obligated to honor, in whole or in part, (or may delay or
suspend) any transaction or instruction which:
• Is not in accordance with any term or condition applicable
to the relevant account;
• We reasonably believe may have been requested or issued
without proper authority;
• Involves funds subject to a hold, dispute, restriction or legal
process which we believe prevents withdrawal;
• We reasonably believe might violate the laws or regulations
of the United States or any State, including without
limitation, regulations of the Office of Foreign Asset Control
(OFAC);
• Would violate any applicable provision of any risk control
program of any state or federal agency or authority;
• Is not in accordance with any other requirement of our
applicable policies, procedures or practices; or,
• We reasonably decline to honor for your or our protection
You agree that any such action allowed above is a permissible under the
terms of this Agreement and all laws and regulations applicable to the
availability of funds held in deposit accounts and otherwise.
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Natural Disasters, Pandemics or Significant Health Concerns and Other
Acts of God
Force Majeure: Neither Party will be liable for any failure or delay in performing
an obligation under this Agreement that is due to any of the following causes,
to the extent beyond its reasonable control: acts of God, accident, riots, war,
terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of
communication facilities, natural catastrophes, governmental declarations, acts
or omissions, changes in laws or regulations, national strikes, fire, explosion,
generalized lack of availability of raw materials or energy. For the avoidance of
doubt, Force Majeure shall NOT include (a) financial distress nor the inability
of either party to make a profit or avoid a financial loss, (b) changes in market
prices or conditions, or (c) a party’s financial inability to perform its obligations
hereunder. This clause shall continue to apply for a reasonable period of time
after the cause addressed above has subsided sufficient to allow resumption
of services.
Official Health Guidance: All Credit Union offices reserve the right
to follow/implement official health guidance issued by governmental
entities and/or health organizations which may include but are not limited
to: Closure of Credit Union Offices; Social Distancing; Requiring the use of
Personal Protective Equipment (masks, gloves, clear eye coverings or other
requirements). These requirements may vary from office to office; and may
change from time to time.
Face Masks/Covering: For security reasons all face masks or other coverings
are prohibited unless medically required. If a mask is medically required,
members/ non-members, contractors and staff, will be asked to temporarily
remove it before assistance may be provided and completing a transaction
for proper identification. We will also consider any requests for special
appointments where your identity can be verified before entering Credit
Union property.
Sharing Information with Other Persons, Co-Borrowers, Co-Signers/
Guarantors, Owners of Collateral Pledged and Others
You hereby consent and agree that we may share any information regarding
your obligations with us or collateral pledged to secure any obligations you
owe to the Credit Union with the persons listed in this subsection if we
receive a request which we in good faith believe to be related to any such
obligations, refinancings, sales, trades, transfers, exchange or transactions. Also,
you consent and agree that we may provide pay-off or payment information
to persons or entities who seek to make payments on your behalf, including
potential “pay-offs”. This may include account numbers and information
necessary to process payments.
Access to Third Parties: When you give another party access to your accounts
or account information you understand and agree that we have no liability or
obligation for any errors, claims or losses of any type of nature whatsoever
relating to any transactions initiated as a result of your relationship with that
third party, including any claims or losses that may arise from any access to
your accounts or personal information.
Third Parties: To expedite the matters herein for your benefit, you agree that
we can rely on the representations made to us by a third party, and our duties
to you hereunder do not require us to investigate or document a request for
such information.
“E-Mail” and Facsimile Communications / Consent to Communications By Email
You acknowledge and agree that the Internet is considered inherently insecure.
Therefore, should you undertake to communicate with us via general email,
you agree that we have no liability to you whatsoever for any loss, claim or
damages arising or in any way related to our response(s) to any e-mail or other
electronic communication, which we in good faith believe you have submitted
to us. We have no duty to investigate the validity or to verify any e-mail or
other electronic communication; and may respond to an e-mail at either
the address provided with the communication, the e-mail address in your
Membership Application or any other application or written communication
actually received by us. Any account owner, co-borrower, or authorized user
may change the e-mail address for notices, statements or other information
provided by us at any time. The Credit Union may not immediately receive
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e-mail communications that you send. Although we may use general email
as provided herein, we reserve the right to require any notices from you be
submitted to us in writing; and we may refuse to send certain information
through unsecured e-mail communications. You agree and consent that we
may provide to you any communication, documentation or information
required by applicable laws or which we deem necessary or appropriate, which
is not expressly subject to both consent and verification pursuant to laws such
as the E-Signatures Act.
Powers of Attorney
You agree that regardless of any laws, rules or regulations we may in our sole
discretion refuse to honor or accept a power of attorney to open, close,
deposit, or make transactions on any account or to supply endorsements
on checks or any other items or to take any other action with respect to an
account, loan or other service. The Credit Union may allow a third person
acting as your attorney- in-fact to make transactions regarding your account(s)
or conduct other business on your behalf without any liability to you, pursuant
to a Power of Attorney, but have no obligation to do so. You agree that we
have no obligation to verify the scope, authenticity, and validity of any Power
of Attorney presented to us. If we accept the Power of Attorney, the Credit
Union has no duty to inquire as to the use or purpose of any transaction(s) by
your attorney-in-fact, and may restrict or refuse account access, withdrawals
and transactions.
We are within our discretion may not recognize a power of attorney given by
one owner of a Joint Account without the consent of the other Joint Account
holder(s).
You agree to indemnify and hold the Credit Union harmless for accepting and/
or honoring any power of attorney, or copy thereof, which we accept in good
faith and believe to be valid and authorized by you.
Costs, Expenses and Attorneys’ Fees
All owners of account(s) or service(s) with us agree, jointly and severally, to
pay us for all costs and expenses, including attorneys’ fees we may incur: (1)
If it is necessary for us to bring any legal or other action to collect any sum
you owe the Credit Union; (2) If we incur any costs or expense as a result of
any order or instruction received from any owner or any owner’s agent under
this Agreement, any adverse claim, legal process; your failure to comply with
any obligation in this Membership Agreement or otherwise; (3) If we incur any
expense as a result of any dispute, adverse or inconsistent claims; (4) If we
bring any action contemplated in this Agreement; (5) If we successfully defend
any claim against the Credit Union brought by any owner, agent, personal
representative, executor, heir or other party in interest brought via any formal
or informal process (including but not limited to arbitration or mediation)
involving your accounts or services with us; or (6) If we deem it necessary to
seek the advice or opinion of legal counsel or other professionals regarding the
bona fides or legality of any transaction(s) to/from your accounts or involving
any services with us, or any request for information or documentation
regarding any of your accounts and/or services with us. If you are responsible
to pay us any costs of collection or legal expenses incurred in collecting any
amount you owe; in enforcing or protecting our rights under this Agreement
or otherwise; or as provided in this subsection, including but not limited to
costs of repossession, repair, appraisal, and all other costs or expenses, you
agree to pay us the actual amount of such costs and expenses together with
reasonable attorneys’ fees. In the case of any collection action, you agree
that 20% of the unpaid balance or such greater sum as may be appropriate
based on the circumstances shall be a reasonable amount, unless applicable
law specifically provides otherwise. Further, you agree to pay the Credit Union
an additional sum for any costs, legal expenses or attorneys’ fees incurred in
any appellate, bankruptcy or post-judgment proceedings, except as limited or
prohibited by applicable law. Any costs, expenses or fees hereunder will be
paid from any of your account(s) with the Credit Union before payment to any
owner or other party. If the amounts in your account(s) are not sufficient, then
the owner(s) of the affected account(s) or parties to any applicable services
will immediately pay any difference.
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Telephone Requests; Recording Data/Communications and Consent to
Communications from the Credit Union
You agree that funds in any account(s) with us can be transferred, upon the
telephone request of any signer on the account, to another account with
us or to any other financial institution. Furthermore, we reserve the right to
refuse to execute any telephone request or other order. You consent that
any communications by any means with us or our affiliates may be monitored
and recorded. When you access any services, we offer/provide including
online and mobile banking to conduct transactions, the information you
enter may also be recorded. By providing telephone number(s) to us, now or
at any later time, you authorize us and our affiliates and designees to contact
you regarding your account(s) with the Credit Union and its affiliates at such
numbers using any means, including but not limited to placing calls using an
automated dialing system to cell, VoIP or other wireless phone number, or
by sending prerecorded messages or text messages, even if charges may be
incurred for the calls or text messages.
Use of Biometrics / Fingerprints
The Credit Union or various apps you may choose to use may provide access
to your accounts and services through the use of fingerprints or other
biometrics. You agree to the use of such biometrics, and will cooperate with
the Credit Union in implementing any requirements we or the third party
may require associated with this technology. Biometric technologies may
be used for authentication. A biometric identifier measures an individual’s
unique physical characteristics and compares it to a stored digital template
for authentication. A physical characteristic can be a thumbprint, fingerprint,
facial recognition or iris pattern. A biometric identifier can be used as a
single or multifactor process. We may require the use of biometrics and/or
fingerprinting with regard to any service we offer; and any refusal to cooperate
with such use shall allow us to refuse to make any transaction, including but
not limited to cashing any on-us item presented by any holder.
Important Notice on Biometrics: When you enable biometric access every
person with an enrolled fingerprint on your accounts, services or device used
to access your accounts and services will have access to your accounts and
services, and may access your accounts, view your information, conduct
transactions on your behalf, and has your authority to engage in these
activities. Enrolled biometrics expand the number of persons who have access
to your account regardless of the signers listed on your account agreement
with us. CREDIT UNION ADVISES YOU TO REVIEW AND CONFIRM THAT ALL
REGISTERED BIOMETRICS BELONG TO INDIVIDUALS WITH AUTHORITY AS
DESCRIBED ABOVE. BY ACTIVATING ACCESS/SERVICES REQUESTED BY YOU
THE CREDIT UNION RELIES ON YOUR REPRESENTATION THAT ANYONE
WITH A REGISTERED BIOMETRIC HAS PROPER AUTHORITY TO ACCESS AND
USE YOUR ACCOUNTS AND ASSOCIATED ACCOUNT INFORMATION.