ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Compliance question of the month: June 2026

Is it still "free checking" if paper statements cost money?

June 8, 2026
Reading Time: 2 mins read
Compliance question of the month: February 2025

My bank offers a consumer checking account product titled “Free Checking.” This product currently has no maintenance or activity fees, and no minimum balance or transaction requirements. The bank is considering adding a nominal monthly paper statement fee to this product for customers who do not enroll in paperless e-statements.

Q Under Regulation DD (Truth in Savings Act), could the bank continue to title the product “Free Checking” and advertise the product as “free” if it implements a paper statement fee, or would this fee be considered a “maintenance or activity fee”?

A It is not 100% clear.

If the bank were to introduce this paper-statement fee, there is risk it could be considered a “maintenance or activity fee,” and the bank would not be permitted to continue to advertise the product as “free” under Regulation DD.

Regulation DD, 12 CFR § 1030.8(a)(2), prohibits describing an account as “free” (or using a similar term) “if any maintenance or activity fee may be imposed on the account.”  Comment 3 to § 1030.8(a) explains that maintenance or activity fees include, among other things:

  1. “transaction and service fees that consumers reasonably expect to be imposed on a regular basis,” and
  2. “a flat fee, such as a monthly service fee.”

Here, a monthly paper-statement fee could be a service fee that “consumers reasonably expect to be imposed on a regular basis.” In addition, a monthly paper-statement fee may be considered a “flat fee, such as a monthly service fee,” even if consumers could avoid it by choosing to enroll in e-statements. The “free” nature of the product would be conditioned on the consumer taking affirmative action, and advertising the product as “free” without further qualification could be misleading.

On the other hand, Regulation DD does not expressly address the treatment of avoidable paper-statement fees, and because consumers could avoid this fee, there may be an argument that it is more analogous to the types of optional fees that may be charged on “free” accounts, such as fees for safe deposit boxes or cashier’s checks.

To mitigate risk, the bank could revise the product name and advertising to clearly reflect the condition (e.g., “Free Checking with E‑Statements”). This approach would improve accuracy and avoid misleading impressions.

For more information, contact ABA’s Leslie Callaway.
Please note that this section is not a substitute for professional legal advice.

Tags: Checking accountsCompliance
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: October 2026

Uncategorized
October 19, 2026

Compliance QOTM answers question on whether a home-secured loan used to purchase a business property qualifies as a business-purpose loan and, if so, how that classification affects its coverage under Regulations Z, X, C and B.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Oct. 19

Uncategorized
October 19, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: July through September 2026

Uncategorized
October 5, 2026

As of Sept. 15, 2026, the 314 Program Office has processed 9,403 requests pertinent to the following significant criminal investigations since the program started in late 2002.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: Oct. 5

Uncategorized
October 5, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA DataBank: Healthcare led job gains in weaker September report

ABA DataBank: Healthcare led job gains in weaker September report

Economy
October 2, 2026

While the unemployment rate remains relatively low, a continued deterioration in labor market conditions could lead to some weakening in overall credit performance in the months ahead.

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

Uncategorized
September 30, 2026

ABA and the Mississippi Bankers Association filed a coalition amicus brief urging the Supreme Court of Mississippi to affirm a Mississippi trial court’s order compelling arbitration and hold that banks may amend deposit agreements, including arbitration clauses, through...

NEWSBYTES

CISA urges organizations to immediately patch vulnerabilities found in many websites

October 21, 2026

ABA announces 2026 Emerging Leader Awards winners

October 21, 2026

Survey: Bank servicers maintain customer edge in apps, websites

October 21, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

Podcast: Creating seamless customer experiences

September 30, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.