Salls v. Digital Fed. Credit Union
District Court, District of Columbia
1Opinion of the Court
(iii) Obtains the consumer's affirmative consent, or opt-in, to the institution's payment of ATM or one-time debit card transactions; and(iv) Provides the consumer with confirmation of the consumer's consent in writing, or if the consumer agrees electronically, which includes a statement informing the consumer of the right to revoke such consent.
12 C.F.R. § 1005.17(b). Further, the mandated disclosure must "be clear and readily understandable." 12 C.F.R. § 1005.4(a)(1).
Defendant's Opt In Agreement states that "[a]n overdraft occurs when you do not have enough money in your account to cover a…
2Cases cited11 opinions
- Rotella v. WoodSupreme Court of the United States · 2000
- Skwira v. United StatesCourt of Appeals for the First Circuit · 2003
- McIntyre v. United StatesCourt of Appeals for the First Circuit · 2004
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