ONLINE DEPOSIT ACCOUNTS DISCLOSURE
Popular Community Bank offers a variety of personal checking accounts. Each is designed to suit a unique set of banking needs and individual preferences. In addition to providing a MasterCard® Debit Card (to qualified applicants) that allows you to make purchases without having to write a check, the Debit Card permits 24-hour access to your money through any ATM that displays the CIRRUS®, NYCE® or Allpoint® logo. The Gold Debit Rewards Card is also available with any checking account for an annual fee of $25.
There are unlimited free ATM transactions at all Popular Community Bank and designated Allpoint® ATMs with your Popular Community Bank Debit Card. Our checking accounts also have unlimited free in-branch withdrawals as well as unlimited free check writing.
You will receive a monthly checking account statement whenever there is activity in that month. If you have no activity for 90 days or more, you will receive a quarterly checking account statement. On-line banking is available with Popular Online BankingSM. You can now view and/or print copies all of your cancelled checks on line at no charge. Image checks are returned with your statement at no charge. Direct deposit, a convenient monthly statement and Telephone Banking – where customers can access account information by calling at (800) 377-0800 – are features of every checking account. Personal checking accounts are also subject to our Personal Banking Disclosure and Agreement.
Banco Popular North America (referred to herein as “we,” “us,” “our,” or “Popular Community Bank”) is a Member of the FDIC and operates under the assumed trade name “Popular Community Bank” in each of New York, New Jersey, Florida, California and Illinois. Accordingly, Popular Community Bank and Banco Popular North America are the same FDIC-insured institution. Your deposits are insured up to $250,000 per depositor. You may qualify for more than $250,000 in coverage if you hold deposits in different account ownership categories.
Totally Free Checking®
This is a free checking account. There is no minimum balance requirement and no monthly fee. Daily ATM cash withdrawal limit of $1,000 and a Point-of-Sale (POS) daily purchase limit of $2,000. Other account fees may apply.
Relationship Savings Account
With a Relationship Savings Account you will have unlimited free Popular Community Bank ATM transactions and in-branch withdrawals. This account pays higher interest rates if you also have any retail checking account.1 You will receive an easy-to-read periodic statement showing all your transactions – including interest earned and your ending account balance.
Popular Premier Market Account
This is a high yielding personal investment account with limited check writing ability and ATM availability that pays higher interest rates if you have any retail checking account with a balance of $1,000 or more.2 You will always enjoy unlimited free Popular Community Bank ATM access and in-branch withdrawals. Image checks are returned with your statement each month at no charge.
Relationship Time Deposit Account (CD)3
We offer 6 month, 12 month and 60 month CD terms. The minimum opening deposit required for CDs is $1,000. Additional deposits are not allowed during the term of the account, but may be made at maturity or during the 10 calendar-days grace period that follows. The interest rate for your CD is fixed until maturity. Interest is compounded daily and paid to the account monthly. The APY assumes interest remains on deposit until maturity. A withdrawal will reduce earnings. If your CD matures on a non-banking day, the principal and interest due will be available on the next business day. Withdrawals prior to maturity will be subject to early withdrawal penalties (For terms less than 91 days, the fee is 89 days simple interest; for terms equal to or greater than 91 days but less than 12 months, the fee is 120 days simple interest; for terms equal to or greater than 12 months but less than 36 months, the fee is 270 days simple interest; for terms equal to or greater than 36 months but less than 60 months, the fee is 365 days simple interest; for terms equal to or greater than 60 months, the fee is 730 days simple interest). Penalties for early withdrawal do not apply when the person in whose name the account was opened is legally declared incompetent or dies. All CDs renew automatically at the same term and the then prevailing rate for that term.
|ACCOUNT REQUIREMENTS AND CHARGES|
|Account Type||Initial Deposit Requirements||Monthly Fees & Service Charges|
|Totally Free Checking||$50 initial deposit ($25 in NY). No minimum balance requirement.||$2 for each ATM withdrawal or inquiry at ATM locations other than Popular Community Bank and designated Allpoint® ATMs.|
|Relationship Savings Account||$25 initial deposit. No minimum daily balance required to earn interest.||If there is no regularly scheduled deposit then there is a $4 monthly fee when the minimum daily ledger balance falls below $250. There is a $5 fee for each additional debit exceeding the legal limit.5 $2 for each ATM withdrawal or inquiry at ATM locations other than Popular Community Bank and designated Allpoint® ATMs.|
|Popular Premier Money Market||$100 initial deposit. No minimum daily balance required to earn interest.||There is a $15 monthly fee if minimum daily ledger balance falls below $5,000; and a $15 fee for each additional check or debit exceeding the legal limit.5 $2 for each ATM withdrawal or inquiry at ATM locations other than Popular Community Bank and designated Allpoint® ATMs.|
There is a $2 for each ATM withdrawal or inquiry at ATM locations other than Popular Community Bank and designated Allpoint® ATMs. There is no minimum balance requirement.
- If you maintain a retail checking account with an average cycle-to-date ledger balance of $250 or more, you will receive a bonus interest rate on the Relationship Savings account of 0.25% above the current offered market rate. This bonus interest rate is subject to change without notice. Please allow three banking business days for the bonus rate to apply. For more information, please speak with your account officer.
- If you maintain a minimum daily ledger balance of $1,000 or more in your retail checking account, and maintain a Popular Premier Money Market account with a minimum daily collected balance of $10,000 or more, you will receive a bonus interest rate on the Popular Premier Money Market account of 0.25% above the current offered market rate. This bonus interest rate is subject to change without notice. Please allow three banking business days for the bonus rate to apply. For more information, please speak with your account officer.
- The interest rate bonus above the current offered market rate is based on average cycle-to-date ledger balances in qualifying checking and/or savings accounts (excludes money market accounts). For qualifying balances of $5,000 to $9,999, you will receive a 0.25% bonus rate on one Relationship CD. For qualifying balances of $10,000 or more, you are eligible to receive 0.25% bonus rate on a second Relationship CD. Initial enrollment in the Relationship CD will take three business days. Once enrolled, qualification for a continued bonus rate will be determined three business days before each monthly cycle of your primary account, and then applied the following business day. For more information, please speak with your account officer.
- For savings and/or money market accounts, you are permitted to make no more than six transfers and withdrawals or any combination thereof per statement cycle (or similar period) by means of a preauthorized, automatic or telephonic transfer, withdrawal by check, draft, debit card or transfer or withdrawal by online bill pay. The limitation on transfers and withdrawals does not include transfers and withdrawals made at one of our ATMs, branch teller windows or by mail. (This does not apply to Secured Card Savings for which no transactions are allowed.) These limitations are applied according to the date when the transaction is posted to the account and not the date when the check is written or the transfer is authorized. If these limits are exceeded, we may, at our option, reclassify your account as Basic Interest Checking.
SCHEDULE OF INTEREST Product Relationship Savings Popular Premier Money Market Minimum Balance to Earn Interest $0.01 $0.01 Method of Compounding Daily Daily Statement Period Quarterly5 Quarterly5 Interest Credited Monthly Monthly Other Information Interest is earned on the collected daily balance. Interest is earned on the collected daily balance
- Interest rates and APY may change from time to time based on a composite of various market rates and are available at our branches. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non-cash items (for example, checks). Customers will earn interest paid but not interest accrued as of the account closing date.
Changes in Fees and Charges Assessed on Your Account
We reserve the right to change our fees, charges, balance requirements, Interest Rate, and APY. POPULAR will notify you by mail of any changes as required by law.
The products and pricing contained herein are accurate and effective as of today, and shall supersede all other product and pricing disclosures dated prior to the instant disclosure herein. If you have any questions, or want to know our current interest rates, please visit any of our branches or call (800) 377-0800.
PERSONAL BANKING DISCLOSURE AND AGREEMENT
Welcome to Popular Personal Banking, and thank you for opening your account with us.
This Personal Banking Disclosure and Agreement (hereinafter referred to as the “Agreement”) is our disclosure brochure and part of the agreement between you and us. When you open a deposit account with us, you agree to the terms and conditions described in this Agreement, as well as to the terms and conditions set forth in the (i) Account Product Disclosure(s); (ii) the Schedule(s) of Fees; (iii) Rate Sheets (for interest bearing accounts only); (iv) Overdraft Line of Credit (if you open this line when you open your account);
(v) IRA, SEP and trust account disclosures (for IRA, SEP and trust accounts only) and (vi) Signature Cards for the account(s) you elect to open. These additional documents (hereinafter referred to as the “Additional Disclosures”) and the terms and conditions set forth therein constitute an addendum to this Agreement. You may also agree to separate services that relate to your account, such as online banking. This Agreement is intended to operate as a “master agreement” with respect to all such services. Your and our rights and obligations under this Agreement and the Additional Disclosures are governed by and interpreted according to state and federal law. The laws of the state of New York govern this Agreement, unless applicable laws provide otherwise. If any of the clauses of this Agreement or the Additional Disclosures are declared null and void or illegal, the remaining provisions will maintain their full force and effect.
ARBITRATION PROVISION – This Agreement contains an Arbitration Provision beginning on page 7. Within forty-five (45) days after the date we open your deposit account, you may elect to reject the Arbitration Provision. Unless you do so to the extent permitted by applicable law, the Arbitration Provision will have a substantial impact on how any legal claims we have against each other are resolved if either you or we elect arbitration. For example, disputes subject to arbitration are decided by a neutral arbitrator and not a judge or jury. Also, if you or we elect arbitration, neither you nor we will have the right to participate in a class action, either in court or in arbitration.
Please read this Agreement and the Additional Disclosures carefully and keep them for your records. By opening a Popular account and executing a Signature Card, you are agreeing to the terms of this Agreement and to the applicable Additional Disclosures.
We have branches in several states and operate as Banco Popular except in Illinois, where we use the name Popular Community Bank. Banco Popular and Popular Community Bank are names used for Banco Popular North America and are the same FDIC-insured institution. Your deposits are insured to at least $250,000 per depositor and separate coverage is provided for deposits held in different account ownership categories. The products and services available at branches in each state, and the fees and terms applicable to them may differ from state to state. Some products and services may not be available in every state.
Throughout this Agreement, the words “you,” “your” and “yours” and “Account Owner” refer to the account owner or owners. Each person who signs the Signature Card is an owner of the account opened under that Signature Card. Banco Popular and Popular Community Bank are referred to herein as “we,” “us,” the “Bank,” “our” or “Popular.”
General Information Regarding Accounts
The following information applies to Popular personal accounts:
- In general, we will offer you a Debit Card when you open a checking account and an ATM card when you open a money market account or savings account with us. Please refer to our Account Product Disclosure(s) for accounts with Debit Card and/or ATM card access and to the Electronic Funds Transfer Agreement and Disclosure included herein for the terms of your Debit/ATM Card. You may also use your card for electronic banking services if you request a personal identification number (PIN) and tell us to link one or more of your checking, money market or savings accounts to your card.
- We may endorse checks for you that we receive for deposit.
- We may transfer funds between your accounts, transfer your accounts to other branches, and take other action on the oral or written instructions of any signer. We may require written authorization for some actions.
- We require each signer who opens a new account to provide a certified Taxpayer Identification Number (TIN) for tax reporting purposes.
- We consider any account that names a beneficiary an informal trust account. This account is the signer’s personal account while the signer is living. When the signer dies, the funds belong to the beneficiary. You may name separate beneficiaries to each of the accounts opened under a Signature Card. You may name multiple beneficiaries for each account.
- We may rely on the information that you give us and we enter into our records, until you notify us in writing of a change.
- We may obtain credit reports and make any other inquiries about you.
- Transactions you perform are not effective until we process them at the processing center for the branch where the account is located.
- If we believe there is a dispute about ownership or control of your account, we may place a hold on it and not release funds until we receive either a court order or an instruction signed by all persons claiming an interest in the account. We may also choose to file an interpleader action.
- We may deduct amounts you owe us under this Agreement, such as fees and charges, from your accounts with us or with our affiliates, as allowed by law. This does not apply to any consumer credit covered by the Federal Truth in Lending Act.
- We may take a check or other item for deposit to your account from anyone. We are not required to question the authority of the person making the deposit.
- We may refuse to honor a request to withdraw funds in cash from your account or to cash a check (including a cashier’s check) if we believe that the amount is unreasonably large or that honoring the request would cause us an undue hardship or security risk.
- The following applies only to accounts with more than one signer:
- We may require the signatures of all signers if we have actual knowledge or otherwise believe that there are conflicts among you regarding account ownership/control.
- We may cash or deposit all checks payable to any signer when endorsed by any other signer.
- Each signer is individually, jointly and severally liable for debts owed to us on an account, regardless of which signer incurred the debt.
General Terms Relating to Personal Accounts and Services
When you open an account, you may choose one of several types of ownership. You may wish to consult your tax adviser or attorney before opening any type of account. The type you select will depend on how many people will sign on the account, how (or whether) they will share an interest in the account, and the purposes for which the account will be used. The type of ownership you select will be indicated on the Signature Card you sign when you open the account. The type of account you select may determine how property is distributed after your death. Your will/estate may not control disposition of funds held in some of the accounts. The types of deposit accounts we offer include, but are not limited to, the following:
- SINGLE (INDIVIDUAL) ACCOUNT – An account in the name of only one person. Funds in the account may be paid only to or on the order of that individual or someone to whom that individual has given a power of attorney or as otherwise may be required or permitted by law.
- JOINT ACCOUNT WITH RIGHT OF SURVIVORSHIP – An account opened in the names of two or more people. If applicable, any one of them may make withdrawals without the authorization of the other(s). On the death of one Account Owner, all sums in the account on the date of death vest in and belong to the surviving party(ies) as his/her/their separate property and estate and all funds in the account may be paid to any of the survivors.
- SINGLE P.O.D. (PAYABLE-ON-DEATH) OR TOTTEN TRUST ACCOUNT – A voluntary and revocable P.O.D./Totten Trust opened by one person (depositor) who names another as payee or beneficiary.
- JOINT P.O.D. (PAYABLE-ON-DEATH) OR TOTTEN TRUST ACCOUNT – A joint voluntary and revocable P.O.D./Totten Trust with right of survivorship opened by two or more persons (depositors) who name another as payee or beneficiary.
- CUSTODIAN UNDER THE APPLICABLE UNIFORM TRANS- FERS (OR GIFTS) TO MINORS ACT – Your rights and responsibilities are governed by the Act. This type of account requires a complete and irrevocable transfer to a minor. The funds in the account belong to the minor but are controlled by and held in the name of the custodian. Withdrawals are paid only upon signature of the custodian or as required or permitted by law. The minor’s tax identification number is used for the account, as the minor is the beneficial owner of the funds.
- FIDUCIARY ACCOUNT – Account involving a legal arrangement or capacity in which one person or entity (the fiduciary) acts on behalf of another. Examples include, but are not limited to: personal representative, guardian or conservator for a minor or other legally incompetent person, and trustee under a trust agreement or under a will. Upon our request, the fiduciary must provide us with an affidavit, certification or other documentation, including, without limit, copies or excerpts of any agreement, instrument or order pertaining to the account or fiduciary relationship.
- TRUSTEE IRA – Trustee Individual Retirement Account. A personal savings plan in which the participant directs all transactions within the Retirement Plan. Opened by individuals meeting applicable IRS requirements whether or not they are covered by a retirement plan. We act as trustee of certain retirement plans. Transactions are governed by section 48 of the Internal Revenue Code.
If you establish a joint account without a signature of the other Account Owners, you agree to hold us harmless for reliance on your designation of the other joint Account Owner(s) listed in our records.
In making payments from funds deposited in an account, we may rely conclusively and entirely upon the Signature Card and this Agreement at the time the payments are made. Unless we have actual or written knowledge of the existence of a dispute between, or death or incompetency of, depositors, beneficiaries, payees or other persons claiming an interest in funds deposited in an account, all payments made by us from an account at the request of any depositor to the account, and/or the agent of any depositor to the account, in accordance with the terms of the Signature Card and this Agreement shall constitute a complete release and discharge of the Bank from all claims for the amounts so paid whether or not the payments are consistent with the actual ownership of the funds deposited in an account by a depositor and/or the beneficiaries and payees of the account, and/or their heirs, successors, personal representatives and assigns.
Account Owner Disputes
If multiple owners make conflicting demands, the Bank may, but is not required to, freeze the funds in the account until the conflict is resolved.
Accounts Presumed to Be Abandoned
State and federal law and Bank policy govern when deposit accounts (including, without limit, accounts within a retirement plan), are considered “inactive,” “dormant” or “abandoned.” The applicable state law to determine abandonment will be the law of the state in which the Account Owner resides. In case this information is not known to us or if you have a foreign address, we will follow the laws of our state of incorporation, New York.
Generally in instances where you have not communicated with us,and/or you have not increased or decreased the balance in your account for an extended period of time, as provided in applicable law or regulation, your account is deemed “abandoned.” For certain purposes, automated transactions (for example, automated transfers between your accounts) may not be considered activity for this purpose, even if your balance changes. If we consider your account inactive, we may hold all statements, but fees and charges will continue to apply except where otherwise legally prohibited. Bank charges or interest payments are not considered activity affecting the balance in your account. In accordance with applicable law, we would remit those “abandoned” funds to the applicable state and have no further liability to you for such funds. The Bank may, at its option, attempt to contact you prior to remittance of funds to the applicable state and will attempt to do so if required by applicable law to do so. We may assess a fee for sending you notice unless prohibited by law. Once remitted, you must apply to the appropriate state agency to reclaim your funds. After the funds on deposit have been remitted to the state, the account is closed and the interest does not continue to accrue on any interest-bearing account. The fact that you have an active account with us does not keep your other accounts active.
To the extent permitted under applicable law—and if you do not reject this Arbitration Provision—you and we agree that either party may elect to arbitrate—and require the other party to arbitrate— any “Claim” under the following terms and conditions.
RIGHT TO REJECT – You may reject this Arbitration Provision by mailing a signed rejection notice to:
Popular Care Center
P. O. Box 690547
Orlando, FL 32869-0547
within forty-five (45) days after the date we open your account.
Any rejection notice must include your name, address, telephone number and account number.
IMPORTANT WAIVERS: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE BOTH WAIVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; (2) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, WHETHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE, OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION (THE “CLASS ACTION WAIVER”); (3) JOIN OR CONSOLIDATE CLAIM(S) WITH CLAIMS INVOLVING ANY OTHER PERSON; OR (4) OBTAIN INFORMATION EXCEPT AS PROVIDED HEREIN. OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT OR ARE NOT AVAILABLE IN ARBITRATION.
DEFINITIONS – In this Arbitration Provision, the following definitions will apply:
“We,”“us” and “our” means not only the Bank but also its parents, subsidiaries and affiliates; any predecessors, successors and assigns of these entities; and all officers, directors and employees thereof. “We,” “us” and “our” also include any party named as a co-defendant with us in a Claim asserted by you, such as credit bureaus, and check verification services.
“Administrator” means, as applicable, the American Arbitration Association (the “AAA”), 335 Madison Avenue, New York, NY
administrator agreed-upon by the parties or appointed by a court, provided that the Administrator must not have in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Provision. You may select the Administrator when you give written notice of an election to arbitrate a Claim or within twenty (20) days after we give such a written notice. Otherwise, we will select the Administrator.
“Claim” means any legal claim, dispute or controversy between you and us that arises from or relates in any way to this Agreement or the deposit account including: (i) this Arbitration Provision; (ii) the fees or charges we or other parties impose in connection with this Agreement or the deposit account or the other provisions of this Agreement; (iii) the interest, if any, paid on the deposit account; (iv) any application, disclosure or other document relating in any way to this Agreement; (v) any service or product offered or made available by or through us in connection with this Agreement, including any associated fees, charges, terms or disclosures; and (vi) any documents, instruments, advertising or promotional materials that contain information about this Agreement or deposit account, or any other such service or product. This includes, without limitation, disputes concerning the validity, enforceability, arbitratability or scope of this Arbitration Provision or this Agree- ment, disputes involving alleged fraud or misrepresentation, breach of contract, negligence or violation of statute, regulation or common law; and disputes involving requests for injunctions or other equitable relief. However, “Claim” does not include: (a) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed or appealed to a different court; (b) any challenge to the validity and effect of the class action waiver, which must be decided by a court; or (c) any exercise by us of our right to off-set against the amounts you owe us with the amounts you have on deposit with us or any proceeding by you to enjoin the exercise of such right.
STARTING ARBITRATION – To initiate arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this Arbitration Provision and the applicable rules of the Administrator then in effect. The arbitrator will be selected under the Administrator’s rules, except that the arbitrator must be a lawyer with at least ten (10) years of experi- ence or a retired judge, unless you and we agree otherwise.
LOCATION AND COSTS – Any arbitration hearing that you attend will take place in a location that is reasonably convenient to you. We will consider (and generally honor) any good faith request to bear the fees charged by the Administrator and the arbitrator(s). The losing party must pay the expense of that party’s attorneys, experts and witnesses and, if we lose, we will also pay all
fees charged by the Administrator and the arbitrator(s) and all reasonable fees of your attorneys. In all cases, we will pay all fees and costs (including attorneys’ fees) we are required to bear under applicable law and/or in order for us to enforce this Arbitration Provision.
DISCOVERY; GETTING INFORMATION – Either party may obtain from the other party prior to the hearing any information available under the Administrator’s rules or any information the arbitrator determines should be made available.
EFFECT OF ARBITRATION AWARD – Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. ••1 et seq. (the “FAA”); and (2) claims involving more than $50,000. For Claims involving more than $50,000, any party may appeal the award to a three- arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Except as provided above, the appealing party will pay the Administrator’s and arbitrator’s costs of the appeal.
GOVERNING LAW – This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration, provided that the law of New York (the state where we are chartered) shall be applicable to the extent that any state law is relevant in determining the enforceability of this Arbitration Provision under Section 2 of the FAA. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and the Administrator’s rules.
SURVIVAL, SEVERABILITY, PRIMACY – This Arbitration Provision shall survive closure of your deposit account; our sale or transfer of our rights under this Agreement; any legal proceeding or set-off to collect a debt owed by you; or any bankruptcy or insolvency.
If any portion of this Arbitration Provision cannot be enforced in a proceeding between you and us, the rest of the Arbitration
Provision will continue to apply, provided that the entire Arbitration Provision shall be null and void if the class action waiver is held to be invalid regarding any class or representative Claim in a proceeding between you and us, subject to any right to appeal
such holding. In the event of any conflict or inconsistency between this Arbitration Provision and the Administrator’s rules or this Agreement, this Arbitration Provision will govern.
BREACH OF ARBITRATION AGREEMENT – If either party fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration.
ATM/Night Depository Safety Precautions
The convenience of our ATMs/night depositories allow you to take care of your banking needs at any time. The security and privacy of your banking business at our ATMs/night depositories depends on your caution and care. We suggest you take these safety precautions when using any ATM or night depository:
- Always protect your card by keeping it in a safe place. If your card is lost or stolen, notify us immediately.
- Always protect your personal identification number (PIN). Never give your PIN to anyone, or write your PIN anywhere, especially on your card. If you choose your own PIN, avoid using obvious numbers such as telephone numbers, addresses or birth dates.
- Never give information about your card or PIN over the telephone. If someone is asking for this information, refuse and immediately notify us.
- Prepare your transaction before going to an ATM or night depository to minimize your time at the facility.
- Always save your ATM receipts and do not leave them or your card at the ATM or night depository facility because they contain important information.
- Shield the keypad with your hand or body while entering your PIN.
- Do not accept assistance from anyone you do not know when using an ATM or night depository facility.
- Park in well-lighted areas close to the ATM or night depository.
- If you use a drive-up facility, be sure passenger windows are rolled up and doors locked.
- Be aware of your surroundings, especially after dark. If you must use an ATM at night, consider taking someone with you.
- Put cash away promptly and count it later, in the safety of your car or home.
- We want the ATM and night depository facility to be safe and convenient for you. Therefore, please let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and law enforcement officials immediately.
You are required to provide us with a taxpayer identification number (TIN), certified under the penalty of perjury. Proper completion of IRS Form W-9 or other form we provide to you requesting TIN certification fulfills this requirement. For individuals, the TIN is the social security number. Under certain conditions we may be required to withhold and pay to the IRS a certain percent- age of payments of interest. The percentage withheld will be determined by the rate in effect under IRS regulations.
Interest payments may be subject to backup withholding if:
- You do not furnish us with your TIN.
- The IRS notifies us that you furnished an incorrect TIN.
- We are notified by the IRS that you are subject to backup withholding.
- You fail to certify to us that you are not subject to backup withholding.
- You fail to certify your TIN.
- You fail to re-certify your TIN (foreign accounts only).
Change of Address
You must notify us immediately if you change your address. Address changes may be requested only by valid account holders upon proper verification. Address changes may be done by contacting our Popular Care Center at 1-800-377-0800, by visiting a Popular branch, or by writing to us at the following address:
Popular Care Center
P.O. Box 690547
Orlando, FL 32869-0547
Changes to Agreement
We may change this Agreement at any time as allowed by law. You may be bound by these changes, with or without notice.
Circumstances Beyond Our Control
We will not be liable to you if circumstances beyond our reasonable control prevent us from, or delay us in:
- Acting on a payment order.
- Crediting a funds transfer to your account.
- Processing a transaction.
- Crediting your account.
- Performing our obligations for a service.
Circumstances beyond our reasonable control include, but are not limited to: any natural disaster, such as an earthquake or a flood; emergency conditions, such as a war, event of terrorism, riot, fire, theft or labor dispute; a legal constraint or governmental action or inaction; the breakdown or failure of our equipment; the break- down of any private or common carrier communication or transmission facilities, any time-sharing supplier and any mail or courier service; or your act, omission, negligence or fault.
Closing an Account
Please refer to the Section below entitled Restrictions on Accounts and Services/Right of First Refusal and Termination of Account.
By requesting to open an account with us, or by agreeing to be a signer on an account or obtaining any other service from us, you (and, if acting in a representative capacity, individually and for such entity or principal) agree that we may obtain credit information from consumer reporting agencies, and/or by any other means. You agree that we may obtain such information (i) at the time you open the account; (ii) at any time you request any service, while your account is open, or a service you are subscribed to is available, or (iii) after your account or service is closed if you owe us any amounts related to your account or service. We may use such information at our discretion. If you do not handle your account or service in a satisfactory manner and/or it is necessary for us to charge off your account as a loss, we may report such negative information to consumer reporting agencies.
You agree to pay our reasonable expenses, including attorneys’ fees, incurred in collecting any amounts owed by you under, or in enforcing, the provisions of this Agreement.
Federal law requires all financial institutions to submit a Currency
Transaction Report (“CTR”) to the Financial Crimes Enforcement Network (FinCEN) for any cash transaction of more than $10,000 or for multiple cash transactions you perform that total more than $10,000 on any one day. This information aids federal authorities in controlling the flow of cash generated from illegal activities. By maintaining an account with us, you agree to provide all informa- tion that we reasonably request to comply with this regulation. If you refuse to give us this information, we may close your account.
We usually prepare the CTR when the transaction occurs. We are required to obtain certain information about the individual who conducts the transaction and the individual or organization for which the transaction is being conducted. We include the individual’s or organization’s full name; permanent street address;Taxpayer Identification Number (TIN); driver’s license number (or other government issued ID number); and business, occupation or profession.
Federal law makes it a crime for a person to cause a financial institution to file an incorrect CTR or for a person to arrange or structure a transaction specifically to avoid this reporting requirement—for example, by breaking a single cash deposit of more than $10,000 into several smaller cash deposits.
Death or Adjudication of Incompetency
You agree to notify us immediately of the death or court-declared incompetency of any owner or authorized signer on your account. We may freeze, refuse, or reverse deposits and transactions and/ or return governmental benefit payments made to the Account
Owner if an owner dies or if an owner is adjudicated incompetent. If you give us instructions regarding your account which are to be effective upon maturity of your account, and you or another owner of the account dies or is adjudicated incompetent prior to maturity, the instructions shall be effective unless we receive written notice of death or incompetency prior to honoring such instructions.
If you have not made a withdrawal from, or deposit to your account for an extended period of time and we have been unable to contact you, your account may be classified by us as dormant.
Subject to applicable law, we may charge a dormant account fee, and the account will be presumed to be abandoned. In accordance with state law, funds in abandoned accounts will be remitted to the custody of the applicable state agency, and we will have no further liability to you for such funds. For more information, see the Section of this Agreement entitled Accounts Presumed to Be Abandoned. We reserve the right not to send statements on accounts we consider dormant, subject to applicable law.
The Federal Deposit Insurance Corporation (FDIC), an agency of the United States government, insures funds in your deposit accounts at the Bank.
Effective July 22, 2010, the new standard maximum deposit insurance amount (SMDIA) is made permanent to $250,000.
All funds in a “noninterest-bearing transaction account” are insured in full by the Federal Deposit Insurance Corporation from December 31, 2010, through December 31, 2012. This temporary unlimited coverage is in addition to, and separate from, the coverage of at least $250,000 available to depositors under the FDIC’s general deposit insurance rules.
The term “noninterest-bearing transaction account” includes a traditional checking account or demand deposit account on which the insured depository institution pays no interest. It also includes Interest on Lawyers Trust Accounts (“IOLTAs”). It does not include other accounts, such as traditional checking or demand deposit accounts that may earn interest, NOW accounts, and money-market deposit accounts.
For more information about temporary FDIC insurance coverage of transaction accounts, visit http://www.fdic.gov.
Foreign Exchange Rate
Transactions must be made in U.S. dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction, point of purchase (POP) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, or send a funds transfer or other transaction in foreign currency, we will convert the foreign currency transaction in accordance with procedures in effect at the time the transaction is processed.
A conversion rate will be selected from the range available in wholesale currency markets for the applicable central processing date or the government-mandated rate in effect for the applicable central processing date. A surcharge will be assessed for all transactions originated in a foreign country.
The Funds Availability Schedules of the Bank are provided in separate disclosures. These schedules may be changed from time to time. We will provide you with notifications of these changes as required by law.
How to Contact Us with Comments or Concerns
We encourage you to contact us if you have any comments or concerns about your account. Please write us at:
Popular Care Center
P.O. Box 690547
Orlando, FL 32869-0547
Or call us at: 1-800-377-0800
If you cannot resolve an issue, you may contact:
Federal Reserve Consumer Help
P.O. Box 1200
Minneapolis, MN 55480
For information about Federal Reserve Board regulations, you may contact:
Federal Reserve Bank of New York Consumer Affairs Division
33 Liberty Street New York, NY 10045
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your legal name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your government issued identification (e.g., driver’s license) or other identifying documents.
Joint and Several Liability
Each Account Owner and/or signer on a multiple party account will be jointly and severally liable hereunder, including without limit, for any item(s) presented for payment against the account or obligation secured by the account whether or not the Account Owner wrote the item(s) or agreed to said obligation, and/or benefited from the proceeds of said item(s) or obligation and regardless of any pro-rated ownership interest of an Account Owner in the proceeds of the account.
We may accept and comply with any writ of attachment, execution, garnishment, tax withhold order or other levy, subpoena, warrant, injunction, restraining order, government agency request for information or other legal process relating to your account which we believe (correctly or incorrectly) to be valid and binding regardless of the location of the Bank or method of service on the Bank even if the law requires personal service at the branch of record or other specified location for your account or where the records are stored (but we reserve the right to require service at such location as may be required by law). We may, but are not required to, give you notice of any such legal process except as required by law and will not do so if prohibited by law. A legal processing fee, hourly research fee, and copy charges may be assessed unless prohibited by law. This fee is in addition to any fee collected from the party serving the legal process. In responding to a search warrant or other legal process from a city, county, state or federal law enforcement or other agency, we may produce documents or provide access to property that are located in any Bank storage or other facility, including facilities owned and operated by third parties maintaining such records on behalf of us, even if such facility is not designated as the place to be searched in the search warrant or legal process. If we are required to pay any attachment, garnishment, writ, levy or other legal process related to your account, we may debit your account even if such creates an overdraft. If we incur any expenses, including without limit research, photocopy, handling and administrative costs and reasonable attorney’s fees, in responding to an attachment, garnishment, levy or other legal process that is not otherwise reimbursed, we may charge, in addition to other amounts set forth herein, such expenses to your account without prior notice to you.
OVERDRAFT LINE OF CREDIT – When you do not have enough available funds in your checking, money market, or savings account to cover a check or other debit, we consider the check or
debit a non-sufficient or unavailable funds item. If you have enough coverage under your Overdraft Line of Credit, we will transfer
funds to the requisite account to cover the item.
OTHER OVERDRAFTS – If you do not have an Overdraft Line of Credit, we will either return the item unpaid or pay it and overdraw your account. Whether we return or pay the item depends on a number of factors, including the amount of the item, the type of transaction and the past activity in your account. In either case, we may charge you a non-sufficient funds fee. Additional information and other non-sufficient funds fees that may apply to your account are described in the Schedule of Fees.
OVERDRAFTS FOR ATM AND EVERYDAY DEBIT CARD TRANSACTIONS – We will not authorize and pay overdrafts for
ATM transactions and everyday debit card transactions unless you ask us to. In order to affirmatively consent, or opt-in, to overdraft protection for these transactions, you must complete a Debit Card/ATM Overdraft Coverage Form or visit your local branch or call us at 1-888-610-5925. If you consent, we will charge non- sufficient funds fees in the amounts disclosed on the Debit Card/ ATM Overdraft Coverage Form. Fees will reduce the amount
of overdraft protection available to you. You may revoke your consent at any time. If you have not agreed to this service, these transactions will be declined for insufficient available funds and we will not charge an overdraft fee.
We will endeavor to inform you of changes in your rights and obligations by providing a notice to you. In some cases we may post a notice of a change in our banking offices or on our web site, http://www.mypopularbanking.com. Otherwise we will either mail the notice to you at the address we currently have in our records or, if you have agreed to this method, we will provide it to you electronically. We may include a notice with or on your statement. If you don’t receive a notice, the change will still be effective.
If we receive notices at the branch for you, we will mail them to you or destroy them. If notices we mail to you are returned to us, we may destroy them. If a notice of a change to this Agreement is received at a branch or returned to us (including a notice sent on or with a statement), the change contained in the notice is still effective.
For accounts with more than one owner, we may send notices to any one Account Owner. A notice sent to any one owner is effective for all.
Restrictions on Accounts and Services/Right of Refusal and Termination of Account
We reserve the right to refuse to open any account or to service or to accept additional deposits to an existing account, or to comply with any instruction or request you make. We may terminate your account or other relationship with us at any time and without notice. The Bank reserves the right to terminate, freeze or restrict an account at any time. We may require written notice of an intended withdrawal from any savings, money market, or interest-bearing checking account not less than seven (7) days before the withdrawal is made, consistent with applicable law.
We may terminate the account by mailing you a notice (prior to or immediately after closing the account if and as required by law) and/or a check for the account balance at your address as shown on the Bank’s records. Thereafter, the funds will stop earning interest (even if the check is returned or remains uncashed for any reason). Any items presented to us subsequent to such termination may be returned unpaid. You agree that the Bank shall have no liability for items dishonored after the effective date of termination. If closure of your account is due to a negative balance condition, the Bank may report this condition to applicable consumer reporting agencies.
If you should choose to close your account, notify the branch at the time you are processing the closing transaction. If no notification is given at the intended time of closing and a subsequent transaction is processed, the account could become reactivated. If the account remains at a zero balance for more than thirty (30) consecutive days, we may close the account.
Right of Setoff
If you are indebted or become indebted to us, the Bank, we have the right to pay or satisfy any of your debts by applying funds from any account(s) held by us, if allowed by law. If your deposit account(s) is a joint account, funds will be debited for payment, regardless of how much was deposited by each owner. This may also be accomplished through the sale of any repossessed vehicle(s) or property foreclosed on. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
Statements and Notices
Our statements and notices are in English. If you have difficulty reading English, please call our Popular Care Center at 1-800- 377-0800 for assistance. Your Account Product Disclosure will outline how frequently we will send account statements.
Stopping Payment on Official Checks
If an Official Check issued by us is lost, stolen or destroyed, we may at our sole discretion, stop payment on the check if you and/ or the payee sign a stop payment order and provide us with an acceptable corporate indemnity bond from an acceptable bonding company for double the amount of the official check under terms acceptable to us. A fee may be charged for each stop payment order received.
Stopping Payment on Cashier’s Checks and Money Orders
You do not automatically have the right to stop payment on cashier’s checks or money orders you purchase from us. In the event that a cashier’s check or money order is lost, stolen or destroyed, please contact us for the procedures to follow to obtain reimbursement or have the cashier’s check or money order reissued. In general, you will have to complete a Declaration of Loss form, describing the cashier’s check and how it came to be lost, stolen or destroyed, and sign the Declaration of Loss under penalty of perjury. We must then wait ninety (90) days from the date the check was issued before we can pay your claim. If ninety (90) days has already passed, then we will act on your claim within a reasonable time. If the check is presented during the 90-day waiting period, we may pay the item to a person entitled to enforce the check. If this happens, we will not pay your claim.
We reserve the right to monitor telephone conversations for employee monitoring and quality control purposes. You acknowledge that you are aware of this policy and agree that such monitoring may occur without further notice to you.
Unlawful Internet Gambling
We will not open or maintain accounts that engage in unlawful Internet gambling. The Federal Reserve Regulation GG issued under the Unlawful Internet Gambling Enforcement Act prohibits business customers from receiving deposits of any kind relating to illegal Internet gambling. Restricted transactions as defined by this regulation are prohibited from being processed through the account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful internet gambling. Your account(s) may not be utilized to process unlawful internet gambling transactions specifically restricted by local, state or federal law. We reserve the right to decline all internet gambling transactions, and terminate any relationships where these transactions are identified.
By opening an account, you certify that the accounts in any variation of your business name or any “doing business as” name attached to this business are not used in connection with unlawful internet gambling within the meaning of the Federal Reserve Regulation GG. Further, you agree to notify the Bank in writing immediately if any of your accounts are used in connection with such activities in the future.
If you do engage in Internet gambling, you will be required to provide documentation that the activity is legal as per local, state or federal law.
Unregistered Money Service Businesses (MSBs)
Pursuant to government regulations, any entity that cashes checks and provides currency back to any one customer in excess of $1,000 on any one day is required to be registered with FinCEN (Financial Crimes Enforcement Network, U.S. Department of the Treasury) as a Money Service Business (MSB). See below for additional MSB registration requirements. Proof of MSB registration may be required at account opening or at any time. We will provide a reasonable time (currently sixty (60) days) for the entity to provide proof of MSB registration and other MSB program requirements as required by FinCEN. If such proof is not provided, we reserve the right to immediately close the account.
MSB Registration Requirements also apply to any person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the following capacities unless it is in the capacity as an agent of another MSB:
- Check cashing (more than $1,000 for one person in one day)
- Currency dealing or exchange (more than $1,000 for one person in one day)
- Issuing, selling, or redeeming travelers’ checks, money orders or stored value cards (more than $1,000 for one person in one day)
- Money transmitting (any amount).
Using an Account for Business Purposes
If you use a personal account for business purposes, we may elect to either close the account or to convert the account into a business account. If we decide to convert your account, we will notify you at least thirty (30) days in advance, and you must provide all required documentation.
DISCLOSURES PERTAINING TO THE CHECK CLEARING FOR THE 21ST CENTURY ACT (Check 21)
In compliance with Check 21 and the relevant provisions of Federal Reserve Regulation CC, which regulates check processing, we provide the following disclosures about the terms and conditions applicable to substitute checks and the rights and responsibilities that you as depositor have in relation to them:
Substitute Checks and Your Rights
- What is a substitute check?To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
- What are your rights regarding substitute checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You are also entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund, plus interest if your account earns interest, within ten (10) business days after we received your claim and the remainder of your refund, plus interest if your account earns interest, not later than forty-five (45) calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
We may delay the availability of the funds credited to your account on the 10th business day until the earlier of the next business day after we determined that the claim is valid or the 45th calendar day from the date we received your claim under the following circumstances:
- If you open a new account and you are a new customer.
- If you have repeatedly overdrawn the account during the preceding 6 months; or
- If we have reasonable cause to believe that the claim is fraudulent.
- We will send you a written explanation of our action on a recredit claim no later than the next business day following the day we conclude our investigation. You may ask us for copies of the documents used in the investigation.
- How do you make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us. You may call our Telephone Banking and Customer Service at 1-800-377-0800. Customer Service Representatives are available Monday through Friday from 7:30 am to 12:00 am EST, and Saturday and Sunday from 9:00 am to 6:00 pm. You may also write to the following address:
Popular Care Center
P.O. Box 690547
Orlando, FL 32869-0547
You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
- A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
- A copy of the substitute check and/or the following informa- tion to help us identify the substitute check: information such as the check number, the name of the person to whom you wrote the check, and the amount of the check.
RULES AND REGULATIONS APPLICABLE TO DEPOSIT ACCOUNTS
Protecting Your Accounts
We may deny a claim of monetary loss due to forged, altered or unauthorized checks, drafts or items or for a lost or stolen PIN if you do not take the actions described in this Agreement.
Examining Statements and Reporting Problems
We will provide periodic account statements to you except for passbook savings and CD accounts. The statement account balance is not final until we have compared the amount with our records. We reserve the right not to provide statements on accounts which we consider to be dormant. You agree to promptly and carefully review your statement and any accompanying items (notices, images of canceled checks, and information identifying canceled checks) upon receipt.
You must report an unauthorized or missing signature, alteration, counterfeit check, or fraud within a reasonable time (within thirty (30) days) after we send or make your images of canceled checks available to you, by calling our Popular Care Center at 1-800-377- 0800 or by visiting a branch. Additionally, if you fail to report an unauthorized transaction on your account statement within the time frame specified, we are not responsible for subsequent unauthorized transactions on your account by the same person.
ELECTRONIC WITHDRAWALS – If you suspect that someone has made an unauthorized electronic withdrawal from your account, you agree to report it immediately by calling our Popular Care Center at 1-800-377-0800 or by visiting a branch. For unauthorized electronic funds or transfers, or any other electronic funds transfer claims, please refer to the Electronic Funds Transfer Agreement and Disclosure.
OTHER PROBLEMS – You agree that thirty (30) days after we send a statement (or otherwise make it available) is a reasonable amount of time for you to review your statement and report any other problem related to your deposit account, such as an erroneous entry, improper charges, or missing or unauthorized endorsement(s).
WRITTEN NOTIFICATION – We shall not be liable for errors, irregularities, unauthorized signatures, or alterations unless you notify us in writing of the claims mentioned above within the time frames established herein, and you agree not to commence any legal action or proceeding against us regarding such claim unless you do so within one year of the date we send or otherwise make available the statement, notice, or advice in question. You agree that you cannot make a claim against us relating to the unreported problems or unauthorized transactions.
We receive checks in great volume. This and compliance with expedited funds availability laws require us to use automated check processing procedures. Like most other banks, we select some checks for review on the basis of certain criteria that change from time to time. This means that most checks are processed on the basis of the MICR (Magnetic Ink Character Recognition) line printed along the bottom edge of the check, and are not individually examined for dates, maker signatures, legends or endorsements. You agree that we will have exercised ordinary care if we examine only those items that we have identified pursuant to certain minimum criteria that we may establish for inspection. Since we do not individually examine most checks,
it is critical for you to take care of your checks, promptly review your statement, and immediately report any suspicious or unauthorized activity to us as set forth herein. You agree that automatic processing of your checks is reasonable and that you have responsibility for preventing and reporting forgeries, alterations, and other unauthorized uses of your checks or accounts.
Since some types of check fraud have become more difficult to detect, we may elect in some cases to make further inquiries about certain checks that are presented for payment against your account. If we are unable to contact you, or take other steps, to determine with reasonable certainty that these payments are authorized by you, we may return the checks unpaid without any liability by us to you.
If your account becomes involved in legal proceedings or the ownership of, or right to make withdrawals from your account is in question for any reason, we may restrict your use of it by placing a hold on the account or otherwise freezing your account.
Also, when you report missing, stolen, or unauthorized checks, drafts and items, we may recommend that you close your current account and open a new one. If you then decline to do so, we are not liable to you for subsequent losses on the account due to forgery or other fraud. When you open a new account, you must notify any third parties that need to know your new account number.
Should you report that a forgery, alteration or other unauthorized transaction has occurred on your account, you agree to cooperate with us in the investigation of your claim to recover the funds, as well as to assist us in seeking criminal and civil penalties against the person responsible. This includes giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding the loss. You also agree to file a criminal report against all suspected wrongdoers with the appropriate law enforcement authorities and agree to cooperate with us in any prosecution of the wrongdoer. You agree that we have a reasonable period of time to investigate the facts and circumstances surrounding any claimed loss and that we have no obligation to provisionally credit your account.
Our maximum liability is the lesser of your actual damages proved or the amount of the forgery, alteration or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could have been avoided by the use of ordinary care. We are not liable to you for special or consequential damages, including loss of profits and opportunity or for attorneys’ fees incurred by you. We are not liable for any items that are forged or altered in such a way that we cannot reasonably detect the forgery or alteration.
For claims regarding an electronic funds transfer, please refer to the Electronic Funds Transfer Agreement and Disclosure.
We will provide you with an image of your canceled checks instead of returning the checks to you in your account statement. Check imaging is a process of capturing, indexing, storing and retrieving electronic images of checks. Imaging systems replace the handling, distribution and storage of checks with electronic images. The images are retained by the Bank for a period of seven (7) years from the date of posting.
By opening or using your account, you agree to this procedure and authorize us to destroy the original items and checks. You agree to allow any imaged document, or copy thereof, to serve as an original item for any and all purposes, including charging your account or determining the validity of any signatures or otherwise.
If you use or authorize another to issue a demand draft against your account, or voluntarily give information about your account (such as our routing number and your account number) to a party who is seeking to sell you goods or services, and you don’t deliver the check physically signed by you to the party, any demand draft or other debit to your account initiated by the party to whom you gave the information is deemed authorized even if it differs in amount, frequency or timing from your intentions or agreement with that party. You agree that you will not hold us responsible for any loss, damage or other problems resulting from your having used or authorized another to create a demand draft.
Check Processing Order
We may accept, pay, certify, or charge to the indicated account checks and other items that we process on any given day in any order we choose. We may establish different processing priorities or categories for checks and other items. For example, we may process ATM withdrawals and automatic payments before checks and, within each priority or category, we may process checks and other items as we receive them, in check number order, or in dollar amount order. We may change the order at any time without notice to you, unless otherwise required by law. When you do not have enough available funds in your account to cover all of the items presented that day, some methods may result in more non-sufficient funds fees than other methods. We may choose our processing method in our sole discretion, regardless of whether additional fees may result.
We currently process checks and other items according to certain priorities. Within each priority, we generally process checks and other items from the highest to lowest dollar amount. If there are insufficient funds in your account to cover a specific check or other debit, this item will be returned as unpaid and the system will then attempt to process the next following highest dollar amount item or items.
If a check or other item you deposit or we cash is returned to us for any reason and at any time, we may debit your account for the amount of the item. We may debit your account for any interest you may have provisionally earned on the item. We may also charge you a fee for each returned item. We may debit your account for a returned item after the earlier of either the day it is returned to us by electronic or other means, or the day we receive notice that the item is being returned to us. Furthermore, if an item
deposited in your account has been paid by the financial institution on which it is drawn and that institution later returns the item to us claiming that it was altered, forged or unauthorized or should not have been paid for any other reason, we may debit your account for the amount of the item. Also, at our option and without notice to you, we may resubmit any returned items for payment.
If you have insufficient funds to cover a returned item, we may overdraw your account. In the event that we honor a payment order that is not a check or item which creates an overdraft in the account, you agree to deposit sufficient funds to cover the overdraft, plus interest for the amount in overdraft at the maximum rate permitted by law or regulation from the date of the overdraft until the date in which the complete payment is made, and/or any other applicable charges. You also agree to reimburse us for any costs incurred in the collection of the overdraft including, without limitation, attorneys’ fees and litigation expenses authorized by law. We may pay payment orders drawn against the account, even though the payment of a particular payment order may cause an overdraft to honor other payment orders that may otherwise have been honored. If there are insufficient funds in the account and the account is not covered by an overdraft guarantee, it is subject to a return item charge, according to the existing charges established by us. The payment orders drawn against unavailable funds may also be subject to charges in the account. For more information on overdrafts, see the Section of this Agreement entitled Non-Sufficient Funds/Overdrafts.
In some cases the financial institution on which the returned check or other item is drawn may send us an electronic notice of return instead of returning the item. We may act on, and you agree to be bound by, the electronic notice of return just as if the original item had been returned. We may process a copy or other evidence of the returned item in lieu of the original.
If your account is a joint account, any one of the account holders may, without notice to the other account holders, initiate withdrawals or close the account, and, in the case of checking accounts, write checks against the account or request stop payments.
Each joint account holder is jointly and severally liable to us for any and all overdrafts on the account. We are not obligated to honor any transaction that would result in an overdraft to the account. Our honoring of any transaction that results in an overdraft to the account does not obligate us to honor such transactions in the future, or provide notice of your discontinuance of honoring such transactions.
Payment of Checks and Other Items
We may refuse to pay any check or payment order if the same: (i) is incorrectly and/or incompletely issued or endorsed; (ii) is issued in a form not authorized by us; (iii) is unauthorized for the account; (iv) exceeds the frequency and/or the amount of withdrawals allowed for that type of account; (v) is drawn for a smaller amount than the minimum permitted for that type of account, or for any other reason permitted by law. We are under no obligation to pay for a payment order drawn against your account if you do not have sufficient funds to cover the total amount of the payment order or if the payment order is not in compliance with the provisions of this disclosure. If there are sufficient available funds to cover some, but not all, of the payment orders against the account, we, the Bank, at our sole option, may decide which items to honor. For more information on overdrafts, see the Section of this Agreement entitled Non-Sufficient Funds/Overdrafts. We may dishonor a payment order drawn against the account if the account is subject to a dispute or controversy (unless a court with jurisdiction ordered a permission to pay the payment order), or if the account is subject to an attachment or liens, or if it has been assigned to secure an obligation, if availability of funds cannot be verified, or if the account has been debited to liquidate a past due obligation with us. In the event that we erroneously return a payment order, we will be liable to you only for the direct damages resulting from said error, and this liability will be limited to actual damages proved clearly and conclusively by you. Damages to your reputation, business, or activities will not be presumed.
Automated Clearing House (ACH) Transactions
Credit given by us to you with respect to an automated clearing house credit or debit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you (i.e., the Originator of the entry) will not be deemed to have paid you the amount of such entry.
Under the Operating Rules of the National Automated Clearing House Association which are applicable to ACH transactions involving your account, we are not required to give next-day notice to you of receipt of an ACH item, and we will not do so. However, we will continue to notify you of the receipt of payments in periodic statements we provide to you.
When receiving a payment order, payment may be made by us, or by other banks to which the payment order is forwarded, based solely on the account number even if the account number identifies a beneficiary different from the beneficiary named by the Originator of the payment order. Furthermore, when receiving a payment order, we may rely, and any other banks to which the payment order is forwarded may rely, on the bank identification number provided in the payment order even if the identification number identifies a bank different from the bank named by the Originator of the payment order.
See the Electronic Funds Transfer Agreement and Disclosure for additional information.
Stop Payment of Checks
You must place any stop payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it. To be effective, your stop payment order must precisely identify the number, date, and amount of the item and payee. Once placed, the stop payment order will be effective for six (6) months but it lapses after fourteen (14) calendar days if the original order was oral and was not confirmed in a record within that period. In requesting the stop payment order, you agree to indemnify, defend and hold the Bank harmless for all expenses and costs incurred by you on account of refusing payment and further agree not to hold the Bank liable on account of payment contrary to this request if it occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by you are returned non-sufficient. The law provides additional limitations on our obligation to stop payment. We will honor a stop payment order placed by the person who signed the particular item, and by any other person, even though such other person did not sign the item, if such person has an equal or greater right to withdraw from this account than the person who signed the item in question. Only the person who initiated the stop payment may make a release of the stop payment request. A fee may be charged for each stop payment order or renewal thereof (refer to our Schedule of Fees). We may pay an item after any stop payment order placed on it expires.
Different rules apply to stop payment orders associated with pre-authorized transfers as stated in the Electronic Funds Transfer Agreement and Disclosure.
If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. You are responsible even if the size, color or style of the check or the size, color of the facsimile signature is different from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses or damages, including attorneys’ fees, that result from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile that we believe you authorized.
Deposits by Mail
When you send us deposits by mail, or place deposits in our lobby or other depositories, we may treat them as received only when we receive actual delivery of deposits sent by mail or when we remove the deposits from our depositories. We do not accept double endorsed checks by mail (checks with more than the payee’s signature on the back).
Miscellaneous Collection Items
We may accept certain items—such as checks payable in foreign currencies or at foreign locations—on a collection basis only. We route and process collection items separately. We normally credit your account for collection items only after we receive payment for them. But if we do credit your account and then do not receive payment, we may debit your account for the amount of the item. We charge fees for processing collection items. These fees apply even if the collection item is returned unpaid. For current fees, call our Popular Care Center at 1-800-377-0800, or ask a branch representative. The financial institution on which the collection item is drawn may also charge you fees. If the other financial institution requires payment of a fee before that institution will process the collection item, we may pay the fee and charge your account.
Otherwise, the other financial institution may subtract its fee from the amount of the payment we receive. These fees may apply even if the collection item is returned unpaid. If final settlement is not possible, or cash items must be reversed, we are expressly authorized to debit, without prior notification, any of your accounts for: (i) the amount of the item; (ii) the penalty fee imposed by us on returned items; (iii) interest paid on the deposited items; and (iv) any other related charges.
When another financial institution submits an item drawn on your account to us on a collection basis, we may charge the other financial institution a fee. When you do not have enough funds in your deposit account for us to process a collection item drawn on your account, we may charge you a non-sufficient funds fee. Withdrawals will first be made from collected funds, and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary. Please refer to our Schedule of Fees.
In addition, you acknowledge and agree that we will not be liable for any failure to act or delay in acting with respect to a foreign check or other foreign item, such as an IAT ACH item, if such failure or delay is caused by legal constraint (including, but not limited to, suspected violations of an OFAC sanctions policy) or other rules to which we are subject (including, but not limited to, National Automated Clearing House Association rules).
If you deposit a demand draft (an unsigned draft or a pre-authorized draft) into your account, you warrant and guarantee that the draft is authorized.
Deposit Error Correction
When we receive your deposits, we may provisionally credit your account for the amount declared on the deposit slip, subject to later verification by us. You must ensure that the amount declared on the deposit slip is correct even if you did not prepare the deposit slip. If later we determine that the amounts declared on the deposit slip are incorrect, we may adjust (debit or credit) your account.
We reserve the right to restrict: (i) both how you endorse checks that you ask us to cash or deposit; or (ii) the type or endorsements that you may place or have preprinted on the backs of checks. If you place or imprint information on the back of the check, it may overlap onto the area reserved for banks’ endorsements. If it becomes necessary for us to return one of your checks, the material placed on the back of the check may interfere with the bank endorsements and cause delays in returning the item. You agree to reimburse us for all claims, cost, losses and damages that result from late return of a check due to mark(s) or material entered on the back of the check that obscured or interfered with our or another bank’s endorsement.
You must endorse checks in the area that extends 1½ inches from the trailing edge of the back of the check. The trailing edge is the left side of the check when you look at it from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late and unpaid.
Identifying the Account
You must correctly identify the account to which you want funds deposited. You are responsible for any claim, costs, loss or damage caused by your failure to properly identify the account to which a deposit is made or intended to be made. We may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name on the deposit slip or other instruction differs from the name on the account.
When we cash a check for you or accept a check for deposit to your account, we are acting as your agent in collecting the check. We are not responsible if the check is lost or delayed in the collection process. If a check is lost during the collection process, we may charge your account for the amount of the check. If the financial institution on which the check is drawn gives us a photocopy of the check or a debit slip representing the check, we may charge your account for the amount of the check.
A lost check may not be returned to us for some time. Despite any delay, we may charge your account when we receive either the returned check, a copy of the check, or a notice of return.
We may require that checks and other items you want to deposit or cash, be endorsed by all parties to whom the items are payable. We may require that any third parties have their bank verify or guarantee their endorsements.
If a non-customer wants to cash your check at one of our branches, we may require identification satisfactory to us and we may charge them a fee for cashing the check. We may also impose additional requirements, such as requiring their fingerprint or limiting the locations where we pay the check in cash. If the person with your check fails or refuses to satisfy our requirements, we may refuse to cash the check. We are not liable to you for refusing to cash the check or charging a check-cashing fee.
As our customer, we would normally cash checks for you. However, if there are insufficient available funds in your account to cover the amount of the check, we may refuse to cash the check written to you. In such cases we may request that you deposit the check to your account and limit your withdrawal to the available funds in your account. If we do cash such a check and it is returned to us unpaid for any reason and at any time, we may deduct the amount of the check from your account and we may charge you a fee. Checks made payable to any entity such as a partnership or corporation must be deposited to the entity’s account.
Some customers order checks printed with legends or notations, such as “not valid after 60 days” or “not valid over $1,000.” We may also receive checks on which restrictions or other notations are written. We may disregard these instructions. We are not responsible for any losses, claims, damages or expenses that result from your placement of these or other notations on your checks, or from our disregarding them.
Large Cash Withdrawals
We may require 48 hours advance notice for large cash withdrawals. We may also refuse to honor a request to withdraw funds in cash from your account or to cash a check (including a cashier’s check or other officialitem) at a branch, if we believe that the amount is unreasonably large or that honoring the request would result in undue hardship or security risk. We may require that such withdrawals be made at one of our cash vaults by an armored courier, acceptable to us and at your sole risk and expense. We are not responsible for providing for your security in such transactions.
To determine the authenticity of your signature, we may refer to the Signature Card or to a check or other document upon which your signature appears.
Stale- and Post-Dated Checks
We are not required to pay any item presented more than six months after its issuance date. However, if a stale-dated check— that is, a check dated more than six months in the past—is presented for payment against your account, we may pay the check and charge it to your account. A post-dated check is a check that bears a date later than the date it is presented. Under the law we are not liable if we honor a post-dated check upon presentment. It is our policy not to accept any post-dated check for future deposit. If you do not want us to pay a stale- or post- dated check, you must place a stop payment order on it.
The Bank may refuse to allow withdrawals in cases such as, but not limited to: (i) a withdrawal made against a deposited check or other order not yet available for withdrawal, (ii) a court order prohibiting withdrawals, (iii) any lack of identification we require for withdrawals, (iv) inability to determine the account’s available balance, and (v) as required by law.
Withdrawals from Passbook Accounts
The passbook shall be the voucher of the account and you as the Account Owner. Payments made to persons presenting the passbook, provided we have exercised ordinary care in examining the signature on the withdrawal order, shall be considered good and valid payments. We will not be liable to you or your personal representatives for the amount so paid unless we have been notified previously in writing that the passbook has been lost, destroyed, or stolen and we have had a reasonable opportunity to act on such notice.
If your passbook is lost, destroyed or stolen please contact your branch or call our Popular Care Center at 1-800-377-0800 for assistance.
MONEY MARKET ACCOUNTS AND SAVINGS ACCOUNTS
ACCRUED INTEREST AND WITHDRAWALS – As explained in the Savings Account Disclosures, accrued interest is credited to your account on the last business day of the monthly statement cycle. When you withdraw funds from your account, only the credited interest is available to you. Any interest accrued through and including the last business day of the monthly statement cycle that has not posted will not be paid.
Restrictions on Money Market and Savings Accounts
You are permitted to make no more than six transfers and withdrawals per statement cycle by means of (i) preauthorized, automatic, or telephonic arrangements, and (ii) checks (if available for the account), drafts, debit cards or similar orders payable to third parties. These limitations are applied according to the date when the transaction is posted to the account and not the date when a transfer is authorized or a check is written. The limits do not apply to withdrawals made at a banking center, by ATM or by mail. If you exceed these limits, we may, at our option, convert your account to an account not subject to these restrictions or close your account.
TIME DEPOSITS (CDs)
CD Accounts will automatically renew at maturity unless you have instructed us otherwise, see the Account Product Disclosures. If you have instructed us not to renew your CD, it will not earn interest after maturity. If you close your CD during the grace period, any interest accrued since the maturity date will not be paid.
Early Withdrawal Penalties
Early withdrawal penalties are specified on the Account Product
Disclosures of each product provided at the time the Time Deposit is opened. Payment of the above penalties will be made at the time of the withdrawal as a deduction from either the amount of interest accrued and/or the account’s remaining principal balance, at the Bank’s option. For all Time Deposits, interest credited to the account may be withdrawn prior to the maturity date of the Time Deposit or will be considered principal at renewal. We may close the account and charge an early withdrawal penalty if withdrawals would cause the balance to fall below the minimum balance required to maintain the account.
Early Withdrawal without Penalty (Excluding Retirement Accounts)
Withdrawal of principal on any Time Deposit may be made without penalty on the death or determination of legal incompetency of any owner of the account. To authorize such withdrawal on the grounds of legal incompetency, the Bank may, at its option, require a certified copy of the court or administrative order or decree establishing the incompetency. Refer to the Account Product Disclosures for information on Early Withdrawals without Penalty.
If your Time Deposit automatically renews at maturity, you have a grace period of ten (10) calendar days after the Maturity Date to withdraw funds from your Time Deposit without being charged a penalty. During the grace period, you may increase the amount of the CD up to the maximum account balance permitted for the applicable account.
Issuance of Time Deposits
Time Deposits may be accepted by the Bank on such terms, and may be issued in such form or forms, as determined from time to time by the Bank. The Bank may make payment of principal or interest payable on any Time Deposit without requiring supporting documentation.
Retirement Accounts and Time Deposits are non-negotiable or non-transferable, and no right, title or interest to or in them may be assigned or in any manner transferred. However, Time Deposits may be assigned to the Bank as security, if allowed by law.
Electronic Funds Transfer Agreement and Disclosure
We offer electronic funds transfer services (“EFT Services”) on many of our accounts. The types of EFT Services that we offer and the limitations on those Services are described below. We provide these EFT Services only to account owners who qualify and who request the Services. For purposes of these disclosures, our business days are Monday through Friday. Banking holidays are not included.
PLEASE READ THIS EFT AGREEMENT AND ANY EFT DISCLOSURES RELATED TO THE SERVICE CAREFULLY AND KEEP A COPY FOR YOUR REFERENCE. They include important consumer rights.
Types of EFT Services Debit/ATM Cards
In general, we will offer you a Debit Card when you open a checking account and an ATM Card when you open a money market account or a savings account with us. As used in this agreement, “Debit Card” refers to both our Debit Cards and our ATM Cards. “ATM” refers to automated teller machines belonging to the Bank (which in Illinois may be branded “Popular Community Bank”), referred to herein as “Popular ATMs,” to Allpoint®® ATMs and to ATMs belonging to other banks or entities that are members of networks of which we are a member, and point-of-sale (POS) programs which are available to our customers. When using another institution’s ATM, additional fees or surcharges may be imposed by that institution, the network used to complete the transaction, or by Popular.
You may use your Debit Card and PIN to:
- Withdraw cash from your checking, savings or money market accounts that are linked to the Debit Card.
- Make deposits to your checking, savings or money market accounts that are linked to the Debit Card.
- Transfer funds between your checking, savings and money market accounts that are linked to the Debit Card.
- Get information about your accounts that are linked to the Debit Card. These balances will not reflect any outstanding checks, deposits, withdrawals, payments or charges and may include funds that are not subject to immediate withdrawal.
- Pay for purchases at places that have agreed to accept the Debit Card.
- Engage in other transactions added from time to time by Popular.
- Some of these services may not be available at all ATMs.
- You may use your Debit Card and PIN at certain cash networks, cash dispensing machines, and point-of-sale terminals at selected markets and retailers.
The following limitations apply to EFT Services available at ATMs:
- Your Debit Card and PIN can be used to perform transactions only for the Bank accounts that are linked to your Debit Card.
- Transactions performed at Popular ATMs will be processed on the same business day, if they are made before the cut-off time shown on the ATM. Transactions performed at Popular ATMs after that time or on a non-business day will be processed the following business day.
- Deposits and payments are subject to verification and collection.
Please refer to our Funds Availability Schedule for complete information. There are daily limitations on withdrawals and POS transactions using your Debit Card and PIN. Please to your Account Product Disclosure and/or a personal banker for further details. Other limits on the use of your Debit Card and PIN may be applied for security reasons.
When you use your Debit Card, a hold will be placed on your primary account. The hold may be for the amount of the transaction, or for a pre-established amount in excess of individual transactions (for example, hotel or car reservations). The held funds will not be available for other account purposes, and we have the right to return checks or other items drawn against your account to maintain sufficient funds to pay for any previously authorized transactions. The hold will be released when the transaction is settled through our system, and you agree to maintain sufficient available funds on deposit in the affected account to cover all previously authorized transactions. The hold may continue even if you do not purchase any goods or services for which authorization was obtained.
ATM AND EVERYDAY DEBIT CARD TRANSACTION OVERDRAFTS
We may, but are not obligated to, allow transactions which exceed your available balance or available credit line. We will not authorize and pay overdrafts for ATM transactions and everyday debit card transactions unless you ask us to. In order to affirmatively consent, or opt-in, to overdraft protection for these transactions, you must complete a Debit Card/ATM Overdraft Coverage Form or visit your local branch or call us at 1-888-610-5925. If you consent, we will charge non-sufficient funds fees in the amounts disclosed on the
Debit Card/ATM Overdraft Coverage Form. Fees will reduce the amount of overdraft protection available to you. You may revoke your consent at any time. If you have not agreed to this service, these transactions will be declined for insufficient available funds and we will not charge an overdraft fee.
Preauthorized Transfers and Direct Deposits
From time to time you may authorize a person or company to electronically transfer funds to or from your checking, savings or money market account(s). For example, you may agree with your employer or a government agency to have your salary or government benefits electronically deposited directly into your account. You might also agree with a company from which you’ve purchased goods or services to have the amount you owe, such as an insurance premium, electronically paid from your account.
STOPPING A PREAUTHORIZED PAYMENT
If you have told us in advance to make regular electronic payments to someone out of your account, you can stop any of these payments. Here’s how:
Call us at 1-800-377-0800 or write to us at the Popular Care Center, P.O. Box 690547, Orlando, FL 32869-0547, in time for us to receive the request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. Please refer to the Schedule of Fees that will be charged in association with stop payments. If you order us to stop any electronic payment three (3) business days or more before the electronic payment is scheduled to be made, and we do not do so, we will be liable for your losses or damages.
In your request, give us your name, account number, the scheduled date and amount of the payment, and the name of the person or company who was to have received the electronic payment. A stop payment request will stop only the particular payment from being made. If you want all future scheduled payments to be canceled, you must notify the person or company with whom you had agreed to have these payments made.
NOTICE OF PAYMENTS VARYING IN AMOUNT
If the electronic payments to be made regularly out of your account(s) vary in amount, the person or company you are going to pay should tell you, at least ten (10) days before each payment, when the payment will be made and how much it will be. You may choose instead to get this notice only when the electronic payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
If we have entered into a separate written or electronically transmitted agreement with you regarding the ability to transfer funds via telephonic authorization, then the terms of that specific agreement apply. Otherwise, the following terms apply:
- We may permit you to transfer funds from one of your accounts at the Bank to another of your Bank accounts via the telephone. However, we may also refuse to complete this request for a telephonic transfer for any reason in our sole discretion.
- You will not receive a separate confirmation of this transfer, but the transfer should appear on your periodic statements.
- In accepting these requests, we use security procedures reasonably designed to identify the caller as an owner, autho- rized signer, or other person authorized to transact business on the account from which the transfer is to be made. These procedures may include asking for the relevant Taxpayer Identification Number assigned to the accounts or any other identifying information that we could expect only authorized individuals to know.
- You agree that we have no liability to you for any allegedly unauthorized transfer and that you will indemnify us and hold us harmless against any claims by third parties, in the event that we effect a transfer after identifying the caller using the above described procedure.
Electronic Check Conversion
You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
Certain EFT Services are also available through our online banking service. The disclosures that apply to our online banking EFT Services and the terms and conditions governing them are contained in our Popular Online Banking Service Agreement. For a copy of our Popular Online Banking Service Agreement, go to http://www.mypopularbanking.com.
General Disclosures for All EFT Services
The following provisions apply to all of our EFT Services:
Charges for EFT Services
Please refer to the Schedule of Fees for fees that will be charged in association with the EFT Services.
Documentation of EFT Services
You will get a monthly account statement if there are any transfers in that month. Regardless, you will get a statement at least quarterly. You can get a receipt at the time you make any transfer to or from your account using an ATM, or when you make a purchase at a POS terminal.
If you have arranged to have direct deposits made to your account with us at least once every sixty (60) days from the same person or company, you may call our Popular Care Center at 1-800-377-0800 to find out whether or not the deposit has been made.
Limitations on Account Activity on POS Programs
Third party transfers on POS programs utilizing ATM Cards on savings accounts are currently restricted. Third party transfers from Money Market Accounts are considered checks and count towards the six (6) checks per month currently allowed.
Limitation on Transfers from Savings and Money Market Deposits
Federal regulations require us to limit the number of certain types of transfers from your savings and money market accounts. Under these regulations you are permitted to make no more than six transfers and withdrawals per statement cycle by means of (i) preauthorized, automatic, or telephonic arrangements, and (ii) checks (if available for the account), drafts, debit cards or similar orders payable to third parties. These limitations are applied according to the date when the transaction is posted to your account and not the date when a transfer is authorized or a check is written. The limits do not apply to withdrawals made at a banking center, by ATM or by mail. If you exceed these limits, we may, at our option, convert your account to an account not subject to these restrictions or close your account.
Errors or Questions
If you think your statement or receipt is wrong, or you need more information about a transfer listed on the statement or receipt, or you have any other questions about your Electronic Transfers, call us at 1-800-377-0800 or write to us at:
Popular Care Center
P.O. Box 690547
Orlando, FL 32869-0547
as soon as you can. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in a signed affidavit within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for foreign, POS, and new account transactions) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new account transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in a signed affidavit and we do not receive it within ten (10) business days, a provisional credit is not required.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Complete an Electronic Funds Transfer
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, your account does not contain sufficient available funds to complete the transfer;
- If the transfer would go over the credit limit on your reserve account (if any);
- If the ATM where you are making the transaction does not have enough cash, or cash in denominations you request;
- If the ATM or POS terminal is not in service;
- If the ATM or POS terminal is not working properly and you know about the breakdown when you start the transaction;
- If the funds in your account are subject to an uncollected funds hold, legal process or any other encumbrance restricting transfers;
- If circumstances beyond our control (such as fire, flood, labor dispute, or a mechanical or power failure) prevent the transfer, despite reasonable precautions that we have taken;
- If we do not receive proper and timely instructions regarding the transfer;
- If the transfer information supplied to us by you or by third parties (e.g., POS terminal owners) is incorrect or untimely;
- If your Debit Card or PIN were reported as lost or stolen or if our failure to complete the transfer is done to protect the security of your account and/or of Bank and/or any other network; or
- If you have closed your account or your Debit Card privileges have been cancelled.
There may be other exceptions stated in our agreements with you.
Tell us AT ONCE if you believe your Debit Card or Personal
Identification Number (PIN) has been lost or stolen or if you believe that an electronic transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money
in your account(s) (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN, you can lose no more than $50 if someone uses your Debit Card and PIN without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN and we can prove that we could have stopped someone from using them without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by Debit Card or PIN or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
Contact Us in the Event of Unauthorized Transfers
If you believe your Debit Card or PIN has been lost or stolen, or that someone has transferred or may transfer money from your account(s) without your permission, call us at 1-800-377-0800 or write to us at:
Popular Care Center
P.O. Box 690547
Orlando, FL 32869-0547
We will disclose information to third parties about your account(s) or the transfers that you make:
- Where it is necessary to complete transfers to or from your account(s) or to resolve errors involving them; or
- In order to verify the existence and condition of your account(s) for a third party, such as a credit bureau or a merchant; or
- In order to comply with legal process, such as orders from government agencies or courts; or
- If you give us your written permission; or
- As otherwise provided in the Bank’s Privacy Statement.
Future Changes and Cancellation
We have the right to change this agreement from time to time. We will notify you in writing at least twenty-one (21) days before the effective date of a change that will (i) increase your liability, (ii) raise the cost to you of making electronic fund transfers to or from your account(s), or (iii) limit your ability to make electronic fund transfers to or from your account(s). No advance notice will be given, however, if a change is necessary for security reasons.
Debit Cards are the property of the Bank and are made available, along with Popular ATMs, as a service to our customers. You are required to return all Debit Cards to us immediately at our request. We may cancel your Popular ATM privileges at any time. We also may terminate your right to use other EFT Services at any time.
Use of your Debit Card and PIN and any other EFT Services are subject to our existing rules, regulations, other agreements and disclosures governing your accounts, and any future changes we make to them. Unless otherwise stated in this Electronic Funds Transfer Agreement and Disclosure Statement, this Agreement does not change or amend any of those existing rules, regulations, agreements and disclosures. You promise to inform us immedi- ately if you move or change your name or place of employment.
Wire Transfer Agreement
We offer both incoming and outgoing wire transfer services. The following terms do not apply to transactions governed by the Electronic Funds Transfer Act, or transfers by check, draft, or any other written item. Wire transfer services are governed by the regulations of the Office of Foreign Assets Control (OFAC) and all other applicable federal, state and local laws and regulations, including Article 4A of the Uniform Commercial Code, as adopted by the state whose law applies to the account which you are using for the funds transfer service (“Article 4A”). You agree not to initiate or receive a wire transfer payment order in violation of any applicable federal, state or local law. We may reject a wire transfer for any reason. For example, federal law restricts the transfer of money to certain individuals, entities and countries. You must also have sufficient available funds in your account.
TELEPHONE INSTRUCTIONS – We will honor your telephone instructions to make wire transfers and to cancel such transfers only if you qualify and if you have prearranged to have these instructions followed. You agree that we may tape record such conversations. You also agree that we can rely on such telephone instructions so long as we believe that the person giving the instructions is you. There may be other ways to originate wire transfers via the telephone, please contact your branch to determine if these other procedures apply.
WRITTEN INSTRUCTIONS – You may give us written wire transfer instructions. We may rely on these written instructions so long as (i) the signature on the wire transfer instructions matches any signature of yours that you have provided to us; (ii) you provide the required identification as requested in the wire transfer instructions and (iii) we verify that this information conforms to our records.
CONFIRMATION – Even if the telephone or written instructions comply with our procedures, we reserve the right to verify the authenticity of the wire transfer instruction by contacting any person we know to be authorized to give wire transfer instructions for your account. You agree that we may tape record these conversations.
Reliance on the Content of Wire Transfer Instructions
Each wire transfer instruction should include the amount that you want to transfer, your account number, and the beneficiary’s name, bank and account number. We are entitled to rely on the information contained in the wire transfer instruction, and we are not required to confirm the accuracy of the information contained in the wire transfer instruction. Errors must be reported to us within twenty (20) calendar days after we send you our mail notification of the wire transfer. You must notify us within this time period and explain how the transfer was not authorized by you or was not executed in accordance with the wire transfer instruction. Unless we are so notified, we will not be liable for that transaction.
We reserve the right to refuse any wire transfer. Business days are Monday through Friday, excluding banking holidays. Each wire transfer is subject to the other terms and conditions of your account with us. We shall be liable hereunder only for direct damages resulting from our failure to exercise ordinary care or to act in good faith. Ordinary care shall be determined in accordance with reasonable commercial standards in the state in which the wire transfer originates. We will not be responsible for special, indirect, or consequential damages resulting from this agreement.
Popular Online Banking
By using Popular Online Banking and accessing your accounts, you acknowledge and accept the terms and conditions, which are presented to you at the time you enroll at http://www.mypopularbanking.com. Those terms and conditions are in addition to those that apply to any accounts that you have with the Bank.
|FLORIDA Schedule of Fees
Effective August 31, 2012
1. These fees also apply to Totally Free Checking and 50+ Checking
FUNDS AVAILABILITY POLICY DISCLOSURE- FLORIDA
Effective February 15, 2012
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. Please remember that even after funds have been made available for withdrawal, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems regarding your account.
DETERMINING THE AVAILABILITY OF A DEPOSIT
The length of the delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit at one of our branches on a business day we are open, we will consider that day to be the day of your deposit. If you make a deposit at an ATM we own before 2:00 p.m. Eastern Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM we own after 2:00 p.m. Eastern Time on a business day we are open, or make a deposit at an ATM we own any time on a day we are not open, we will consider that the deposit was made on the next business day we are open. If you make a deposit via the Popular Mobile Check Deposit service before 8:00 PM Eastern Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit via the Popular Mobile Check Deposit service after 8:00 PM Eastern Time on a business day we are open or make a deposit on a business day we are not open, we will consider that the deposit was made on the next business day we are open. Terms and conditions apply with Popular Mobile Check Deposit service. If you need any additional information regarding cutoff times for your deposits, please call our Customer Service Department at (800) 377-0800 or visit a local branch.
The length of delay varies depending on the type and location of the deposit and is explained below.
Funds from electronic direct deposits to your account are available on the day we receive your deposit.
Funds from the following deposits are available on the first business day after the day of your deposit:
- U.S. Treasury checks that are payable to you
- Wire transfers
- Checks drawn on Banco Popular North America
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit; if you do not make your deposit in person to one of our employees, funds from the following deposits will be available on the second business day after we receive the deposit:
- State and local government checks that are payable to you, if you use a special deposit slip that is available from the teller at the branch where you make the deposit
- Cashier’s, certified and teller’s checks that are payable to you, if you use a special deposit slip that is available from the teller at the branch where you make the deposit
- Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you
OTHER CHECK DEPOSITS
Generally, we make the first $200 of your deposit available on the next business day. The remainder of your deposit will be available on the second business day.
FOREIGN CHECK DEPOSITS
Checks drawn on financial institutions located outside the U.S. (Foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period of time under the following circumstances:
- We believe a check you deposit will not be paid
- You deposit checks totaling more than $5,000 on any one day
- You re-deposit a check that has been returned unpaid
- You have overdrawn your account repeatedly in the last six months; this will occur if your account has been overdrawn on six separate occasions within the past six months, or on two occasions with amounts of $5,000 or more
- There is an emergency, such as failure of computer or communications equipment
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when these funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open:
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s and federal state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over the $5,000 will be available on the ninth business day after the day of deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits may not be available until the seventh business day after the deposit.
HOLDS ON OTHER ACCOUNTS (CHECK CASHING)
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
HOLDS ON OTHER FUNDS (OTHER ACCOUNTS)
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately, but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
AVAILABILITY OF FUNDS DEPOSITED AT OTHER LOCATIONS
This Availability Policy only applies to funds deposited for accounts of Banco Popular North America. Please inquire for information about the availability of funds deposited at other locations.