CFPB Consumer
Laws and Regulations TISA
CFPB Manual V.2 (October 2012) TISA 31
Account Balance Disclosures – 12 CFR 1030.11(c)
In general, 12 CFR 1030.11(c) covers how an institution displays a consumer’s account balance
information on automated systems, such as an ATM, when the institution will advance additional
funds to cover insufficient or unavailable funds in a consumer’s account. Specifically, if an
institution discloses balance information to a consumer through an automated system, the
disclosed balance may not include additional amounts that the institution may provide to cover
an item when there are insufficient or unavailable funds in the consumer’s account. This
requirement covers additional funds that an institution may provide under a service provided at
the institution’s own discretion, a service subject to Regulation Z (12 CFR 1026), or a service to
transfer funds from another account of the consumer. However, the institution may, at its option,
disclose an additional, second account balance that would include funds provided by the
institution, if the institution prominently states that any such second balance includes funds that
the institution may provide to cover insufficient or unavailable funds in the consumer’s account
and, if applicable, that additional funds are not available for all transactions.
Additional amounts that may be included in balance. The balance may, but need not, include
funds that are deposited in the consumer’s account, such as from a check, that are not yet made
available for withdrawal in accordance with the funds availability rules under Regulation CC (12
CFR 229). In addition, the balance may, but need not, include funds that are held by the
institution to satisfy a prior obligation of the consumer (for example, to cover a hold for an ATM
or debit card transaction that has been authorized but for which the bank has not settled).
Retail sweep programs. When disclosing a transaction account balance, an institution is not
required to exclude funds from the consumer’s balance that may be transferred from another
account pursuant to a retail sweep account. In a retail sweep program, an institution establishes
two legally distinct subaccounts, a transaction subaccount and a savings subaccount. These two
accounts together make up the consumer’s account. Retail sweep account programs typically:
• Comply with the Federal Reserve Board’s Regulation D,
• Prevent direct access by the consumer to the non-transaction subaccount that is part of the
retail sweep program, and
• Document on the consumer’s periodic statements the account balance as the combined
balance in the subaccounts.
Disclosure of second balance. If an institution discloses additional balances that include funds
that may be provided to cover an overdraft, the institution must prominently state that the
additional balance(s) includes additional overdraft funds. The institution may not simply state,
for instance, that the second balance is the consumer’s ‘‘available balance,’’ or contains
‘‘available funds.’’ Rather, the institution should provide enough information to convey that the
second balance includes funds that the institution may provide to cover insufficient or
unavailable funds. For example, the institution may state that the balance includes ‘‘overdraft
funds.’’ Where a consumer has not opted into (or as applicable, has opted out of) the