Overdraft Practices Disclosure

This is what you need to know about overdrafts, overdraft fees and how to avoid them.

Beginning Monday, November 4, the following overdraft practices will apply.

Please reference the example below for further explanation:

Friday Balance as of end-of-day settlement Friday night $100.00 $100.00 $100.00 $100.00
Saturday $50.00 Debit Card Purchase at Merchant N/A $50.00 N/A $50.00
Monday $75.00 Check Presented for Payment $25.00 ($25.00) $25.00 ($25.00)
Monday Overdraft Fee for Check ($35.00) N/A ($60.00) N/A ($60.00)
Tuesday $50.00 Debit Card Transaction Settles from Saturday ($25.00) ($60.00) ($25.00) ($60.00)
Tuesday Overdraft Fee for Debit Card transaction ($35.00) Not Assessed* ($60.00)* ($60.00)* ($60.00) ($60.00)

*Ameris Bank will not charge an overdraft fee on ATM and one-time debit card transactions if there were sufficient available funds in your account at the time the transaction was approved. Additionally, for personal accounts the bank is prohibited from charging an overdraft fee on ATM and one-time debit card transactions unless you have specifically requested Ameris Bank to authorize and pay these overdrafts.

Overdrafts Due to ATM & One-Time Debit Card Transactions

For personal accounts, Ameris Bank will not authorize overdrafts on your ATM or one-time debit card transactions, unless you specifically authorize Ameris Bank to do so. All current authorizations made with Fidelity Bank will transfer to Ameris Bank. Beginning Monday, November 4, to provide or change your authorization to Ameris Bank:

Other Overdraft Management Solutions
Ameris Bank offers overdraft protection plans which may be less costly for you than our standard overdraft practices:

An automatic transfer to cover your overdraft item(s) is $10 from a linked deposit account. For advances on a line of credit there is no fee for the transfer; however, you will incur interest charges as specified in your agreement until the balance is repaid. If there are not sufficient funds in your overdraft protection transfer account to cover the overdraft, standard overdraft practices will apply.

Tools to Assist in Avoiding Overdrafts and Understanding Your Account

Standard Overdraft Practices
Ameris Bank offers overdraft protection plans including transfers from another Ameris Bank account or a line of credit in addition to our standard overdraft practices.

Ameris Bank applies our standard overdraft practices to your checking account. With our standard overdraft practices we will generally pay your overdraft items up to $500 ($1,000 for Amenity and Advantage Checking or $1,500 for business checking, excluding Analysis, Non-Profit, IOLTA and Public Funds) after your account has been open for 30 days. The amount of the overdraft items and all applicable fees, including but not limited to the overdraft fees, are included in this limit. Whether your overdrafts will be paid is at our discretion, which means we do not guarantee that we will always authorize and pay any type of transaction. If multiple items are presented to the bank for payment and there are not sufficient funds to pay all those
items, the bank has the right to decide the order of the items that will be paid and which items will be returned, if any.

We typically do not pay overdrafts when:

  1. You do not bring your account to a positive balance within 20 days of becoming overdrawn.
  2. Your account product type is not eligible.
  3. You are subject to any legal or administrative order, levy, or are currently a party in a bankruptcy proceeding.
  4. You have an outstanding balance on an overdraft repayment plan.
  5. Your account is being reviewed for fraudulent activity or transactions.
  6. The primary account owner is less than 18 years old.
  7. You have not made a deposit to your account in the last 33 days.
  8. We believe you are not managing your account in a responsible manner, which may harm you or us.

Costs you may incur with our Standard Overdraft Practices

You will be charged an Overdraft or NSF Return Item fee of $35 for each item that is presented against an available balance insufficient to cover the transaction. There is a limit of five charges per day for consumer accounts. An Overdraft or NSF Return Item fee will not be assessed if the account is overdrawn $5.00 or less.

If you do not bring your account to a positive balance, you will be charged an Extended Overdraft fee of $35 on the fifth business day that your account has a negative available balance. All deposits to overdrawn accounts are applied to the negative balance. You are expected to bring your account to a positive balance within 60 days.

Items covered by our Standard Overdraft Practices

Standard overdraft practices covers all checks, in-person withdrawals, ACH transactions, preauthorized electronic transactions, automatic bill payments, and recurring debit card transactions. For personal accounts, standard overdraft practices do not cover ATM and one-time debit card transactions unless you authorize Ameris Bank to pay these types of transactions causing an overdraft.

If you have authorized payment for ATM and one-time debit card transactions, please verify your balance before initiating an ATM cash withdrawal or making a purchase. Each overdraft will be subject to a $35 overdraft fee.

How an Overdraft Occurs

Your available balance is used to determine an overdraft. An overdraft occurs when you do not have enough money available in your account to cover posted transactions at the time of processing each business day. An overdraft may result from:

Your account’s available balance is our most current record of the amount of money available for your use or withdrawal. We use the available balance to authorize your transactions during the day. Holds placed on your account, including exception and case-by-case holds on deposited items and holds for pending electronic transactions, such as debit card purchases and hotel or rental car deposits, reduce your available balance.

The available balance does not reflect every transaction you have initiated or previously authorized. For example, your available balance may not include the following:

Processing Order of Transactions
We process transactions in the following order:

  1. Deposits and credits.
  2. Obligated debits such as cashed checks at any Ameris Bank teller line, in-person savings/money market withdrawals, wires or Fed Withholding transactions (in order based on timestamp, but if no timestamp, then debits are posted in order of lowest to highest).
  3. ATM/Debit Card Debits (in order based on timestamp).
  4. ACH/Electronic Debits (in order based on timestamp, but if no timestamp, then debits are posted in order of lowest to highest).
  5. Checks (in order based on sequential check serial number, but if serial number is missing, then processed in order of lowest to highest).

Opting Out of Standard Overdraft Practices

If you do not want the convenience of our standard overdraft practices, you may call our Customer Care Center at 866.616.6020 to notify us of this preference. Items presented in excess of your available balance will be returned and you will be charged a $35 NSF Return Item fee for each.

Customers who receive a Social Security, federal direct deposit, or any other entitlement benefit must opt out if they do not want the bank to apply those funds to pay an overdraft.

Your account agreement describes the duties, obligations, and rights of depositors, authorized signatories and the Bank with regard to your deposit accounts. That account agreement is incorporated herein for all purposes as if it were set forth verbatim as to matters not directly addressed by this disclosure.

Your account agreement and this disclosure shall be construed so as to minimize conflicts between them.

The bank’s forbearance from, or delay in, exercising any of the bank’s rights, remedies, privileges, or right to insist on your strict performance of any provisions of your account agreement, this standard overdraft practices disclosure, or any other provision related to your account, shall not be construed to be a current or future waiver of the bank’s rights, remedies or privileges.

You and the bank agree that the exclusive remedy and forum for all disputes arising out of standard overdraft practices or you or the bank’s performance there under, except for matters you or Bank take to small claims court, is arbitration by an independent arbitrator pursuant to the applicable rules of the American Arbitration Association, except as prohibited by law.

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