‘‘(5) IN-PERSON
AND
TELEPHONIC
TRANS-
ACTIONS.—In the case of any fund transfer or with-
drawal initiated by a consumer in person at a 
branch of the financial institution staffed by employ-
ees of the financial institution or verbally over the 
telephone, the following disclosure requirements shall 
apply: 
‘‘(A) BALANCE
REQUESTS.—If, in the 
course of the transaction, the amount of the 
balance in the consumer’s account is mentioned 
or requested, the customer shall be made aware 
verbally of any distinction between— 
‘‘(i) the funds available in the account 
that are attributable to deposits by or on 
behalf of the consumer; and 
‘‘(ii) funds available to the customer 
from the institution in connection with an 
overdraft protection service. 
‘‘(B) OVERDRAFT
PROTECTION
SERVICE 
FEE
AMOUNT.—If the consummation of the 
withdrawal or fund transfer transaction would 
result in the imposition of an overdraft protec-
tion service fee on the account of the consumer, 
the consumer shall promptly be informed of
such fact and the amount of the fee before the 
transaction is final. 
‘‘(6) INTERNET AND OTHER ELECTRONIC TER-
MINAL
TRANSACTIONS.—In the case of any elec-
tronic fund transfer initiated by the consumer at any 
electronic terminal or computer, other than an auto-
mated teller machine or automated point-of-sale ma-
chine meeting the requirements of paragraph (3) or 
(4), that can be completed only if an overdraft pro-
tection service is provided to the consumer for a fee, 
the display provided on the terminal or computer 
shall provide the following notice and the option for 
the consumer to accept or decline the fee: 
‘This request exceeds your funds available and will 
result in an overdraft of $ll and the imposition 
of a fee from your financial institution of $ll. To 
accept this fee and continue with your transaction, 
press ‘‘ACCEPT’’. To terminate this transaction, 
press ‘‘DECLINE’’.’. 
‘‘(7) DEFINITIONS.—For purposes of this sub-
section and section 906(c)(5), the following defini-
tions shall apply: 
‘‘(A) ANNUAL
PERCENTAGE
RATE.—The 
term ‘annual percentage rate’ means the rate of 
interest determined in the manner provided in
section 108 and regulations prescribed by the 
Board under such section. 
‘‘(B) OVERDRAFT PROTECTION SERVICE.— 
The term ‘overdraft protection service’ means 
any service provided by a financial institution 
holding the account of any consumer pursuant 
to which any debit against the account is paid 
by the financial institution even though there 
are insufficient funds in the account to cover 
the amount of the debit, however such payment 
is accomplished, including through the use of 
overdraft lines of credit, linked accounts, or any 
overdraft protection program for which the fi-
nancial institution has not complied with the 
disclosure requirements under the Truth in 
Lending Act and regulations prescribed under 
such Act.’’. 
(b) INFORMATION REQUIRED IN PERIODIC STATE-
MENT.—Section 906(c) of the Electronic Fund Transfer 
Act (15 U.S.C. 1693d(c)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) with respect to each case in which the fi-
nancial institution was required to provide notice to 
a customer under any paragraph of section 905(d) 
of the imposition of an overdraft fee and the amount 
of the fee during the period covered by the periodic 
statement, a written statement of the annual per-
centage rate which the fee represents with respect to 
the amount of the overdraft in type no smaller than 
other required disclosures under this subsection, but 
not less than 8-point type, and in the following form: 
‘Overdraft Fee Annual Percentage Rate Notice: The 
overdraft fee resulting from your transaction dated 
lll is equal to an Annual Percentage Rate of 
ll% on your overdraft balance of $lll.’.’’. 
Æ