Member Account Agreement
Terms & Conditions to ALL ACCOUNTS
All accounts are subject to Family First of NY Federal Credit Union’s Fee Schedule of service charges which are incorporated into this Agreement and Truth-in-Savings Disclosure by reference.
This disclosure is intended to provide you with information about one or more accounts offered by the Family First of NY Federal Credit Union (the “Credit Union”). It contains rules which govern your account(s) with us. Please read this disclosure carefully as you are entering into a binding agreement with the Credit Union. If you sign an Account Agreement Card and use your account after you receive this disclosure it means you understand and agree to these rules. Much of our relationship with our members is governed by our bylaws and by state and federal law, both of which may change from time to time. The Credit Union may make changes to this agreement at any time. You will receive written notice of any changes to the extent required by law. If you have any questions, please contact a Member Service Representative.
As used in this disclosure, the word “we” means the Credit Union and the word “you” means the account holder. The word “ACCOUNT” means any one or more deposit accounts you have with the Credit Union, including, but not limited to, regular share (savings) or share draft (checking) accounts. Words and phrases used in this disclosure should be interpreted so that the singular includes the plural and the plural includes the singular (except where we clearly intend otherwise.) The Credit Union reserves the right to waive the enforcement of any of the terms in this Agreement with respect to any transaction to the extent permitted by law. Any such waiver would not affect the right of the Credit Union to enforce any of its rights with respect to other members, or to enforce any right with respect to a later transaction with you.
Consent to Call and Text – By signing or otherwise authenticating an Account Card, you agree we and/or our third-party providers, including debt collectors, may contact you by telephone or text message at any telephone number associated with your account, including wireless telephone numbers (i.e. cell phone numbers) which could result in charges to you, in order to service your account or collect any amounts owed to us, excluding any contacts for advertising and telemarketing purposes as prescribed by law. You further agree methods of contact may include the use of pre-recorded or artificial voice messages, and/or the use of an automatic dialing device. You may withdraw consent to be contacted on your wireless telephone number(s) at any time. You may do so by any reasonable method. If you have provided a wireless telephone number(s) on or in connection with any account, you represent and agree you are the wireless subscriber or customary user with respect to the wireless telephone number(s) provided and have the authority to give this consent. Furthermore, you agree to notify us of any change to the wireless telephone number(s) which you have provided to us.
To help mitigate harm to you and your account, we may contact you on any telephone number associated with your account using an auto dialer to deliver any messages about suspected or actual fraud on your account, data security breaches, identity theft or any other messages that we deem necessary to service your account. These contacts will not contain any telemarketing, cross-marketing, solicitation, advertising, or debt collection message of any kind. The contacts will be concise and limited in frequency as required by law. You will have an opportunity to opt out of such communications at the time of delivery.
Important Information about Procedures for Opening a New Account
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 me: When I open an account, I will be asked for my name, address, date of birth and other information that will allow you to identify me. I may also be asked to show my driver’s license or other identifying documents.
Any noncash item deposited to your account (including items drawn “on us”) will be given provisional credit only until collection of the item is final. We are not responsible for transactions initiated by mail or an outside depository until we actually record them. All transactions received after our “daily cutoff time” on a business day we are open, or received on a day on which we are not open for business, will be treated and recorded as if initiated on the next business day that we are open.
Anyone who signs in the space designated for Signature on the Account Agreement Card may withdraw or transfer all or any part of the account balance at any time. Each of you authorizes the other person signing the Account Agreement Card to endorse any item payable to you or your order for deposit to your account or any other transaction with us (until we receive written notice to the contrary.) We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted or which exceeds frequency limitation or violates any minimum or maximum dollar limitation. A valid, non-expired form of photo ID must be presented at the time of withdrawal. We will use the date a transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitation. Withdrawals will first be made from collected funds and we may refuse any withdrawal request against uncollected funds. The Credit Union usually allows funds to be withdrawn at any time without previous notice, but reserves the right to demand 60 days written notice of withdrawal from any account (except a checking account).
Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the charges that we may impose. Today you received a copy of the Fee Schedule which itemizes all charges and is part of this agreement. You authorize us to deduct these charges directly from the account balance as incurred. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this agreement or your account. Each of you also agrees to be jointly and severally liable for any account deficit (resulting, for example, from charges imposed, overdrafts, or items cashed or deposited that are returned unpaid) whether caused by you or another authorized to withdraw from your account, together with the costs we incur to collect the deficit including, to the extent permitted by law, our reasonable attorney’s fees. In addition the member waives the right to a jury trial in disputes concerning their accounts with the Credit Union.
Minimum Membership Requirement
To be and remain a member of this Credit Union, you must subscribe to at least one $5.00 share. Your membership will terminate if you withdraw all of your shares.
Types of Accounts
As a Credit Union member you may take advantage of many different accounts to help you manage your money and increase your savings. Please ask us about the specific accounts we offer.
Liens or Garnishment of Your Account(s)
We have a lien on all funds in all your accounts with us. This lien extends to funds now or hereafter deposited with us (plus dividends and any insurance benefits.) This lien secures loans, charges, overdrafts or any amount you may now or hereafter owe us. We may enforce this lien by applying your funds directly to any amount you owe us and we may exercise this right without obtaining a court judgment and as otherwise permitted by law.
Set off is the right of one who is indebted to another to reduce or eliminate the indebtedness by charging against the debt any amount which the creditor in that transaction may owe him in another transaction as borrower or guarantor. The Credit Union may use the account to pay the debt even if withdrawal results in an interest penalty or dishonor of subsequent drafts.
Any garnishment, levy or execution against the account is subject to the Credit Union’s right of set off and security interest. If garnishment, levy, or execution is brought upon the account, the Credit Union may refuse to allow any withdrawals until the dispute is resolved. In such a case, the Credit Union will not be liable to the member, even if paying the money to the third party leaves insufficient funds to cover outstanding drafts. All expenses in responding to a court order are chargeable to the member.
The Credit Union has the right to charge fees in connection with its services. These fees may change from time to time. The current Fee Schedule is available and the member will receive written notice of any changes as required by law.
Shares may be transferred from one member to another, only by written instrument, in such form as the Credit Union may prescribe.
If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government or another party via the Automated Clearing House (ACH) for any reason, you authorize us to deduct the amount of our liability from your account without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
Rights & Responsibilities of a Custodian with Accounts Set Up Under the Uniform Transfers to Minors Act
- A gift made in the manner presented by the Uniform Gifts to Minors Act is irrevocable and conveys to the minor indefeasibly vested title to the money. Once a custodial account is opened, the donor cannot change his mind and revoke the transfer.
- The custodian has broad powers and duties over the account. The custodian has the duty of collecting, holding, managing, investing and reinvesting the custodial property. The custodian as the duty to expend for the minor’s benefit, so much or all of the custodial property as he deems advisable for the minor’s support, maintenance, education and benefit. The custodian has complete discretion as to the time and the amount of such payment, and he need not take into account the duty of himself or any other person to support the minor, or his ability to do so; nor must he take into account other income or property of the minor which may be available.
- Any unexpended custodial property or money generally must be paid over to the minor upon his attaining the age of 18 years or 21 years if the account designates this. If the account was established prior to January 1, 1980, the minor is not entitled to such funds until he reaches the age of 21 years.
Joint Account Ownership
Any account in two (2) or more names, that is payable to either of the named persons, or to any survivor, will be treated as a joint account provided that all the account holders have signed the Account Agreement Card. A joint account creates a legal form of ownership which is called a “joint tenancy”. Each joint owner named on the account, who has signed the Account Agreement Card, is considered to be an owner of the account. Every owner has an equal and undivided interest in all monies deposited into, and any interest earned on the account even though he or she may not have owned the monies originally. This means that while all the owners are living, we, the Credit Union, may honor withdrawal requests, checks or orders drawn by any owner for part or all of the monies in the account. The Credit Union may do this without giving notice to or receiving the consent of the other owner(s), unless we first receive a written notice signed by any owner directing the Credit Union not to pay or deliver any part of the joint account. If the Credit Union receives such a notice, we may require written authorization from all owners before we allow any payment or a transfer from the account. This written notice does not prevent us from making or make us liable for, any payment from the account to any third party or us, as described above.
Additional Rules for Checking (Share Draft) Accounts: The word “item” will mean a check and any other means of deposit or withdrawal. (For example, an “item” could be a check deposited to or written on an account, or an electronic deposit to, transfer, or withdrawal from an account.) The following rules apply to our checking accounts:
Forms: You must use only approved check forms to withdraw funds from this type of account. Withdrawals by electronic funds transfer will be explained in the Electronic Funds Transfer Services Disclosure and Agreement.
Overdrafts: We are under no obligation to pay an item which exceeds the collected balance in your account. If however, we do pay such an item, you are still responsible for the overdraft and any fee we may impose for it.
Overdraft Protection: If, the authorized owner(s) writes a check that would exceed the collected balance, the Credit Union may: 1) treat such checks as a request for an advance from your Line of Credit loan account if you have one (in multiples of $100) sufficient to pay such checks, and/or 2) transfer shares from any other regular share account from which the authorized owner(s) is then eligible to withdraw shares. A fee is charged for each transfer, as disclosed in the Fee Schedule.
Payment of Checks: We may pay a check on whatever day it is presented for payment, no matter what date appears on the check. If a member dies or is adjudicated incompetent, the Credit Union retains the reasonable opportunity to act on it. Even with knowledge, the Credit Union may, for ten (10) days after the date of death, pay drafts drawn before death unless ordered to stop payment by a person claiming an interest in the account.
The Credit Union is protected from liability when it continues to honor a member’s draft even though it has received notice of an adverse claim to the account. Unless the Credit Union is served with appropriate court order or the claim provides the Credit Union with indemnity (at a level acceptable to the Credit Union) it may ignore the adverse claim.
Paid Checks: Paid checks will not be returned to you. We will make photocopies available to you of specific paid checks upon your request. A fee is charged for each check copied, as disclosed in the Fee Schedule.
Stop Payments: You may stop payment on a check drawn on your account. An oral stop order is effective for only fourteen (14) days and must be followed up with written notice that is effective for six (6) months. The Credit Union will not honor a stop payment order on a cashier’s check or certified check. You must inform the Credit Union of the account number, the check number and the dollar amount of the check. Also, the Credit Union is entitled to a reasonable period of time following the stop order to notify its employees. A fee is charged for each stop payment order placed, as disclosed in the Fee Schedule.
Wrongful Dishonor: If we dishonor an item by mistake, our liability is limited to actual damages proved. The Credit Union retains the right to pay or dishonor a check more than six (6) months old without prior notice to the member. The Credit Union retains the right to disregard information on the check other than the identification of the payor, payable through bank, payee, and the amount.
Statements: The Credit Union will deliver statements monthly to the member. If the member has a savings account, club account or CD (Regular or IRA) only, they will receive a statement quarterly. You are expected to examine the statements carefully and reconcile the account. If there are any discrepancies, the Credit Union should be notified immediately, as the statement is considered correct unless the Credit Union is notified of any errors within sixty (60) days after you receive the statement.
Termination of Account: We may close your checking account at any time by mailing you a notice with a remittance for the balance in it. We are not liable for refusing to pay any check presented after an account is closed.
Our Liability: You may terminate the account relationship upon written ten (10) day notice. The termination, however, does not release you from the obligation of payment of accrued fees or liability for drafts in process, and entitles you to the return of the balance less any appropriate debit items.
Member Account Agreement
Terms & Conditions to ALL ACCOUNTS
This Agreement covers the rights and responsibilities concerning your accounts and the rights and responsibilities of Family First of NY Federal Credit Union. In this Agreement, the words “you,” “your,” and “yours” mean anyone who signs an Account Agreement Card (Account Card or any other account opening document). The words “we,” “us,” “our,” “Family First,” and “Credit Union” mean Family First of NY Federal Credit Union. The word “account” means any one or more share or other accounts you have with Family First.
Your account type(s) and ownership features are designated on your Account Card. By signing an Account Card, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and Account Card, the Funds Availability Policy Disclosure, Truth-in-Savings Disclosure, Electronic Funds Transfers Agreement and Disclosure, Privacy Notice Disclosure, the Credit Union Bylaws and policies, and any amendments made to these documents from time to time which collectively govern your membership, accounts and services.
All questions or communications to us should be sent to:
Family First of NY Federal Credit Union
2520 Browncroft Boulevard
Rochester, NY 14625
Terms and Conditions for All Accounts
1. Important Information about Procedures for Opening a New Account. 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, you will be asked for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
2. Membership Eligibility. To be and remain a member of this Credit Union, you must qualify within Family First’s field of membership, subscribe to at least one $5.00 share as required by Family First’s Bylaws, and have your membership application approved by a Family First authorized representative.
3. Account Termination. You may terminate your membership at the Credit Union by withdrawing all your shares from the accounts you have ownership interest in.
Family First may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if:
a. There is a change in owners or authorized signers;
b. There has been a forgery or fraud reported or committed involving your account;
c. There is a dispute as to the ownership of the funds in the account;
d. It is reported that an access device has been lost or stolen, including but not limited to the following: account checks, debit cards, credit cards, or your online banking username and password;
e. There are excessive returned unpaid items not covered by optional overdraft protection privileges;
f. There has been any misrepresentation or any other abuse of your accounts;
g. You fail to satisfy any of the terms and conditions of the account or Credit Union Bylaws and policies including the Member Conduct Policy.
Family First is not responsible for payment of any check, withdrawal, or other item once your account is terminated; however, if Family First pays a check after termination, you agree to reimburse the Credit Union for the payment. You agree to be liable to Family First for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize Family First to deduct any such liability, loss or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable fees and costs, including fees on any appeal, bankruptcy proceedings and any post-judgment collection actions, if applicable.
4. Inactive Accounts. If your account falls below any applicable minimum balance and you have not made any transactions over a period specified in the Fee Schedule during which we have been unable to contact you by regular mail, we may classify your account as inactive or dormant and we may charge a service fee set forth in the Fee Schedule for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.
5. Pledge, Right of Offset and Statutory Liens or Garnishment of Your Account(s). Unless prohibited by law, you pledge and grant as security for all obligations you may have now or in the future, except obligations secured by your principal residence, all shares and dividends and all deposits and interest, if any, in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn unless you are in default. You agree we have the right to offset funds in any of your accounts against the obligation owed to us. Federal or state law, depending upon whether we have a federal or state charter, gives us a lien on all shares and dividends and all deposits and interest, if any, in accounts you have with us now and in the future. Except as limited by federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by federal or state law. If we do not apply or offset the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply or offset the funds in your account(s) to the amount you owe us at a later time. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under federal or state law if given as security. By not enforcing our right to apply or offset funds in your account(s) to your obligations that are in default, we do not waive our right to enforce these rights at a later time.
6. Arbitration and Class Action Waiver. Please note that this Agreement contains a binding Arbitration and Class Action Waiver provision which affects your rights with respect to any claims or disputes by or against Family First of NY Federal Credit Union. Please closely review the Arbitration and Class Action Waiver provision within this Agreement (Section 40). You may opt out by following the specified process within the specified timeframe.
7. Member Conduct Policy. Family First of NY Federal Credit Union has adopted the following policy that applies to member conduct. This policy protects Family First’s members, visitors, employees and property from individuals who are or may be threatening or abusive. The policy speaks to ensure that all parties’ rights are protected. Unacceptable member conduct or behavior may include but is not limited to:
a. Abusive, vulgar or intimidating language;
b. Threats, intimidation or acts of violence;
c. Harassment of any type, including sexual harassment;
d. Damage to or interference with Family First’s property or systems;
e. Unlawful acts;
f. Other abusive or disruptive behavior;
g. Abusive contact of any sort;
h. Injury or threatened injury to any member, visitor or employee (kicking, fighting or other harm);
i. Possession, sale, use or being under the influence of an unlawful or unauthorized substance while on Family First’s property.
The following sanctions may be imposed against a member who has engaged in misconduct:
a. Termination of all accounts and membership privileges. Privileges are defined as Family First of NY Federal Credit Union products, services, loans, access devices, branch service, etc.;
b. Preclusion from any personal contact with Family First’s employees including access to Credit Union premises or member service center;
c. Any other action deemed necessary that is not expressly precluded by the Federal Credit Union Act, the National Credit Union Administration, and New York State’s Workplace Violence Protection Law.
Account Ownership Rights and Responsibilities
8. Individual Accounts. An individual account is an account owned by one member who has qualified for membership at Family First. If the account owner dies, the interest passes, subject to applicable law, to the account owner’s estate or Payable on Death (POD) beneficiary/payee or trust beneficiary, subject to other provisions of this Agreement governing our protection for honoring transfer and withdrawal requests of an owner or owner’s agent prior to notice of an owner’s death, any security interest or pledge granted by the account owner, and our statutory lien rights.
9. Joint Accounts. A joint account is an account owned by two or more persons.
a. Rights of Survivorship. If your account is a joint account, the account is owned as a joint account with rights of survivorship. When one owner dies, all sums in the account will pass to the surviving owner(s). For a joint account without rights of survivorship, the deceased owner’s interest passes to his or her estate. A surviving owner’s interest is subject to the credit union’s statutory lien for the deceased owner’s obligations and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it.
b. Control of Joint Accounts. Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature or authenticated request of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer or pledge to us all or any part of the shares without the consent of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from all owners into act.
c. Joint Account Owner Liability. If an item deposited in a joint account is returned unpaid, a joint account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for any returned item, overdraft, or unpaid amount and for any related fees and charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of the indebted owner, including all funds in the joint account, regardless of who contributed the funds in the account. Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the charges that we may impose. Today you received a copy of the Fee Schedule which itemizes all charges and is part of this agreement. You authorize us to deduct these charges directly from the account balance as incurred. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this agreement or your account.
10. POD/Trust Accounts. A Payable on Death (POD) account or trust account designation is an instruction to the credit union that an individual or joint account so designated is payable to the owner(s) during his, her, or their lifetimes and, when the last account owner dies, payable to all and surviving POD or trust beneficiaries/payees. Unless state law provides for different ownership or as permitted and documented by us, the beneficiaries/payees will own the funds jointly in equal shares without rights of survivorship when there is more than one surviving beneficiary/payee. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Accounts (IRAs). We are not obligated to notify any beneficiary/payee of the existence of any account nor the vesting of the beneficiary/payee’s interest in any account, except as otherwise provided by law. This paragraph does not apply to an account held on behalf of held in the name of a trust.
11. Accounts for Minors. For any account established by or for a minor, Family First reserves the right to require the minor account owner to have a joint account owner who is at least eighteen (18) years of age who shall be jointly and severally liable to Family First for any returned item, overdraft or unpaid charges or amounts on such account. For a joint account, all funds in the account shall be owned as a joint account with rights of survivorship. Family First may make payments of funds directly to the minor without regard to his or her minority. Family First has no duty to inquire about the use or purpose of any transaction by the minor or joint account owner. Unless a parent or guardian is an account owner, the parent or guardian shall not have any account access rights. The minor account owner’s tax identification number must be shown on the Membership Enrollment Application.
12. Uniform Transfers to Minors Act. A Uniform Transfers to Minors Account (UTMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and, barring a court order otherwise, is the only party entitled to make deposits, withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transaction except as required by applicable law. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawals. Any unexpended custodial property or money generally must be paid over to the minor upon his attaining the age of 18 years or 21 years if the account designates this. If the account was established prior to January 1, 1980, the minor is not entitled to such funds until he reaches the age of 21 years.
13. Agency Designation on an Account. An agency designation, including but not limited to an agent appointed on forms we provide or a Representative Payee, on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Family First’s voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.
An attorney-in-fact under a power of attorney may also be authorized to make transactions as an agent for any account owner. The power of attorney documents should address the powers of the attorney-in-fact and we may request any documents we need to determine whether any attorney-in-fact has been provided the appropriate authorization.
14. Special Account Instructions. You may request that we facilitate certain trust, will or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection. We may require account changes requested by you or any account owner, such as adding or closing an account or service, be evidenced by a signed Name/Address Change form or other document which evidences a change to an account and accepted by us.
15. Death of Account Owner. The Credit Union may require the survivor or other claimant to the account to produce certain documents before rereleasing the funds in the account. You agree that Family First can require that anyone who claims funds in your account after your death indemnifies the Credit Union for any losses resulting from honoring that claim.
Family First may continue to honor all transfers, withdrawals, deposits and other transactions on the account until the Credit Union learns of an account owner’s death. Once the Credit Union learns of an account owner’s death, Family First may pay checks or honor other payments or transfer orders authorized by the deceased account owner for a period of ten (10) days unless Family First receives instructions from any person claiming an interest in the account to stop payment on the checks or other items. Upon the death of an account owner, Payable on Death (POD)/Totten Trust, IRA and HSA accounts shall be governed by the terms specifically applicable to such accounts and agreed by the account owner(s) and as provided by applicable statutes, regulations, and, with respect to a Payable on Death (POD)/Totten Trust, any applicable provisions of the account owner’s Will.
General Terms for All Accounts
16. Withdrawals. Anyone who signs in the space designated for Signature on the Account Agreement Card may withdraw or transfer all or any part of the account balance at any time. Each of you authorizes any other person signing the Account Agreement Card to endorse any item payable to you or your order for deposit to your account or any other transaction with us (until we receive written notice to the contrary.) We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted or which exceeds frequency limitation or violates any minimum or maximum dollar limitation. We will use the date a transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitation. Withdrawals will first be made from collected funds and we may refuse any withdrawal request against uncollected funds. The Credit Union usually allows funds to be withdrawn at any time without previous notice but reserves the right to demand 60 days written notice of withdrawal from any account (except a checking account). See the Funds Availability Policy for information about when you can withdraw funds you deposit.
17. Overdrafts and Overdraft Protection. We are under no obligation to pay an item which exceeds the collected balance in your account. If however, we do pay such an item, you are still responsible for the overdraft and we may charge a fee set forth in the Fee Schedule. Refer to the Courtesy Pay disclosure for more information.
a. Standard Overdraft Services. This service allows us to authorize payment for the following types of transactions regardless of whether your share or deposit account has sufficient funds:
i. Share drafts/checks and other transactions made using your checking account, except as otherwise described below;
ii. Automatic bill payments;
iii. ACH transactions.
b. Overdraft Protection/Courtesy Pay. If, the authorized owner(s) writes a check or authorizes an ACH withdrawal that would exceed the collected balance, the Credit Union may:
i. Treat such transactions as a request for an advance from your Line of Credit loan account if you have one (in multiples of $100) sufficient to pay such transactions;
ii. Transfer shares from any other regular share account from which the authorized owner(s) is then eligible to withdraw shares;
iii. Charge a fee for each transfer, as disclosed in the Fee Schedule.
iv. Utilize the current Courtesy Pay program to honor the transaction – see the Courtesy Pay disclosure for details of the Courtesy Pay/Enhanced CP program
18. Deposits. Funds may be deposited to any account, in any manner approved by Family First in accordance with the requirements as set forth in the Truth-in-Savings Disclosure. Deposits made by mail, at night depositories, or at unstaffed facilities are not our responsibility until we receive them. We reserve the right to refuse or to return any deposit.
Any non-cash item deposited to your account (including items drawn “on us”) will be given provisional credit only until collection of the item is final. We are not responsible for transactions initiated by mail or an outside depository until we actually record them. All transactions received after our “daily cutoff time” on a business day we are open, or received on a day on which we are not open for business, will be treated and recorded as if initiated on the next business day that we are open.
a. Endorsements. You authorize the Credit Union, in its discretion, to accept transfers, checks and other items for deposit into any of your accounts, whether or not they are endorsed by all payees. You authorize the Credit Union to supply missing endorsements if the Credit Union chooses to supply such endorsements. The Credit Union reserves the right to verify all endorsements on third party checks presented for deposit either in person or by comparison with the member signature on file. If a check or other item that is payable to two (2) or more persons is ambiguous as to whether it is payable to either or both, we may process the check or item as though it is payable to either person. We may require insurance, government and certain other checks to be endorsed as set forth on the back of the check, and/or the Credit Union may require endorsement as set forth on the check. Endorsements must be placed in the space on the back of the check between the top edge and 1-1/2 inches from the top edge. The Credit Union may accept checks with endorsements outside this space. However, if any such endorsement or other markings you or any prior endorser make on the check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by the Credit Union due to the delay or error.
b. Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. We are not liable for the loss of an item in transit or the negligence of any correspondent. Each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor financial institution extra time beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the front of the item. Examples of restrictive legends include “two signatures required,” “void after 60 days,” or “not valid over $500.” We are not liable for payment of any check or draft contrary to a restrictive legend or other limitation contained in or on the item unless we have specifically agreed in writing to the restriction or limitation.
d. Final Payment/Settlement. All checks, drafts, automated clearinghouse (ACH) transfers or other items credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items and impose a returned item fee on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or fund transfer.
e. Crediting of Deposits. Deposits will be credited to your account on the day we consider them received as stated in our Funds Availability Policy Disclosure. Deposits made on Sundays and Credit Union holidays will be credited to your account on the next business day. Deposits received at unstaffed facilities, such as night depositories or drop box, will be credited on the day funds are removed and processed by the Credit Union and are subject to adjustment based on our verification of the items deposited. Items drawn from an institution located outside the United States are handled on a collection basis only. Amounts will be credited to your account when we receive final payment. You waive any notice of nonpayment, dishonor, or protest regarding any items purchased or received by the Credit Union for credit to your account or for collection.
f. Checks Presented for Payment. We may refuse to accept any check or draft drawn on your account that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft, and we shall have no liability for refusing payment. You agree that we may charge a fee to any person or entity presenting a check drawn on your account for cashing.
19. Transfers. Shares may be transferred from one member to another, only by written instrument, in such form as the Credit Union may prescribe. You may make or order fund transfers to or from your account. We will debit your account for the amount of a fund transfer from your account and will charge your account for any fees related to the transfer.
a. Limitation of Liability. Unless we agree otherwise in writing, we reserve the right to refuse to execute any payment order to transfer funds to or from your account. We are not obligated to execute any payment order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available balance in your account. We are not liable for errors, delays, interruptions or transmission failures caused by third parties or circumstances beyond our control including mechanical, electronic or equipment failure. In addition, we will not be liable for consequential, special, punitive or indirect loss or damage you may incur in connection with fund transfers to or from your account.
b. No Notice Required. We will not provide you with notice when fund transfers are credited to your account. You will receive notice of such credits on your account statements. You may contact us to determine whether a payment has been received.
c. Interest Payments. If we fail to properly execute a payment order and such action results in a delay in payment to you, we will pay you dividends or interest, whichever applies to your account, for the period of delay as required by applicable law. You agree that the dividend or interest rate paid to you will be based on the lowest nominal dividend or interest rate we were paying on any account during that period.
d. Payment Order Processing and Cut-off Times. Payment orders we accept will be executed within a reasonable time of receipt. Unless we have agreed otherwise in writing, a payment order may not necessarily be executed on the date it is received or on a particular date you specify. Cut-off times may apply to the receipt, execution and processing of fund transfers, payment orders, cancellations, and amendments. Fund transfers, payment orders, cancellations, and amendments received after a cut-off time may be treated as having been received on the next fund transfer business day. Information about any cut-off times is available upon request. From time to time, we may need to temporarily suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law. This action may affect settlement or availability of the transaction.
e. Identifying Information. If your payment order identifies the recipient and any financial institution by name and account or other identifying number, the Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or other identifying number, even if the number identifies a different person or financial institution.
f. Amendments and Cancellations of Payment Orders. Any account owner may amend or cancel a payment order regardless of whether that person initiated the order. We may refuse requests to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request to amend or cancel a payment order that we accept will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses resulting from any actual or attempted amendment or cancellation of a payment order.
g. Security Procedures. We may require you to follow a security procedure to execute, amend or cancel a payment order so that we may verify the authenticity of the order, amendment or cancellation. You agree that the security procedure established by separate agreement between you and the Credit Union is commercially reasonable. If you refuse to follow a commercially reasonable security procedure that we offer, you agree to be bound by any payment order, whether authorized or not, that is issued in your name and accepted by us in good faith in accordance with the security procedure you choose.
h. Duty to Report Unauthorized or Erroneous Fund Transfers. You must exercise ordinary care to identify and report unauthorized or erroneous fund transfers on your account. You agree that you will review your account(s) and periodic statement(s). You further agree you will notify us of any unauthorized or erroneous transfers within the time frames described in the “Statements” section of this Agreement.
i. Recording Telephone Requests. You agree that we may record payment order, amendment and cancellation requests as permitted by applicable law.
20. Direct Deposits. Family First offers direct deposit services, including preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize direct deposits or preauthorized transfers by completing a separate authorization document. You must notify us if you wish to cancel or change a direct deposit or preauthorized transfer. Any cancellation or change will become effective once we receive notice from you and have a reasonable period of time to act on your request. If your account is overdrawn, you authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of government payments or benefits. Upon a bankruptcy filing, unless you cancel the authorization, we will continue applying payments from direct deposits in accordance with your authorization on file with us.
If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government or another party via the Automated Clearing House (ACH) for any reason, you authorize us to deduct the amount of our liability from your account without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
21. Postdated and Stale-Dated Items. You agree not to issue any check or draft that is payable on a future date (postdated). We may pay a check on whatever day it is presented for payment, no matter what date appears on the check. If you do draw or issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date; however, if the check or draft is paid against your account, we will have no liability for such payment.
22. Stop Payment Order Request. Any account owner may request a stop payment order on a check drawn on the owner’s account. To be binding, the order must accurately describe the check or draft, including the exact account number, check or draft number, and amount of the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we re-credit your account after paying a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer all of your rights against the payee or other holders of the check or draft and assist us in any legal action.
Stop payment order for preauthorized debit transactions from your account are governed by Regulation E. Please refer to the Electronic Fund Transfers Agreement and Disclosure for rules regarding stop payments on preauthorized debit transactions.
a. Duration of Order. You may make an oral stop payment order which is valid for 14 calendar days. In order to have this timeframe extended, you must confirm an oral stop payment in writing no later than 14 calendar days after the order has been accepted by us. If you do not confirm the order in writing within that time, it will cease to be effective. A written stop payment order, including an oral stop payment confirmed in writing, for member checks are effective for six (6) months and may be renewed for additional six (6) month periods by requesting that the stop payment order be renewed within a period during which the stop payment order is effective. Your request for renewal will be accepted if Family First receives the request within a reasonable period of time to extend the stop payment order before it expires. We are not required to notify you when a stop payment order expires.
b. Fees and Liability. Fees for stop payment orders are set forth in the Fee Schedule. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney’s fees and all damages or claims related to our refusal to pay an item, as well as claims of any joint account owner or of any payee or endorsee for failing to stop payment of an item as a result of incorrect information provided by you.
c. Stop Payment Official Check. Payment on any official check or any other check, or payment guaranteed by us may be stopped only according to the provisions of Section 4-403 of the Uniform Commercial Code as enacted by the state of New York. For more information regarding the process to stop payment on an official check, please contact us at 585-586-8225.
23. Account Access
a. Authorized Signature. Your signature on the Account Card, authorizes your account access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile signature, we may honor any check or draft that appears to bear your facsimile signature, even if it was made by an unauthorized person. You authorize us to honor transactions initiated by a third person to whom you have given your account number, even if you do not authorize a particular transaction. If you give your account number or account information to a third person, you authorize us to honor transactions initiated by the third person even if you did not specifically authorize a particular transaction.
b. Access Options. You may withdraw or transfer funds from your accounts in any manner we permit (i.e. ATM, in person, by mail, automatic transfer, or telephone, as applicable.) We may return as unpaid any check drawn on a form we do not provide, and you are responsible for any loss we incur handling such a check. We have the right to review and approve any form of power of attorney and may restrict account withdrawals or transfers. We are under no obligation to honor any power of attorney and may refuse to accept a power of attorney for reasonable cause. You agree that we may require any attorney-in-fact to sign an acknowledgment affidavit stating that the power of attorney is in full force and effective.
c. Credit Union Examinations. We may disregard information on any check or draft other than the signature of the drawer, the amount and any magnetic encoding. You agree we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight examination of items.
24. Current Balance and Available Balance. Checking account has two kinds of balances: the “Current Balance” and the “Available Balance”. Many of the transactions that affect these balances are beyond the Credit Union’s control as they are requirements of the payment networks that your transactions are processed through via the merchants with whom you choose to do business. The method in which you use your debit card, PIN Based or Signature-based, may also affect the amount and length of any authorization hold. Also, we may place holds on various deposits as explained in the Funds Availability Policy. As a result, your account records may show a difference in your Current Balance and Available Balance. You can check your Current Balance and Available Balance at an ATM, by phone, online/mobile, or at a branch. To determine whether a transaction will exceed the available balance in your account (resulting in an overdraft), for VISA Debit Transactions, Family First reviews the available balance at the time the transaction is authorized on your account (not when the transaction posts). See section 12(e) below for an example and additional information.”
a. PIN Based Debit Card Transactions. These are transactions where you use your debit card and enter your PIN number at the time of the sale. We pay these transactions as they are transmitted to us. Most are transmitted immediately; others may be delayed for one or more days.
b. Signature-Based Debit Card Transactions. These are transactions where you make a purchase with your debit card and you do not enter your PIN but you are instead asked to sign for (or otherwise conduct) the purchase. In these situations, the merchant may seek prior authorization for the transaction. When that happens, a temporary hold may be placed against the available funds in your account. We refer to this temporary hold as an “authorization hold”, and the amount of the authorization hold will be subtracted from your Available Balance. Authorizations are deducted from your Available Balance (but not your Current Balance) as they are received by the Credit Union throughout each day. At some point, after you conduct the transaction, it is processed by the merchant and submitted to the Credit Union for posting to your account. This may happen sometimes hours or days after you conduct the transaction depending on the merchant and its processing company. These payment requests are presented in real time throughout the day and are posted to your account as they are received. Please note, the amount of the authorization hold may differ from the actual payment because the final transaction amount may not yet be known to the merchant when the authorization request is submitted.
c. Current Balance. The Current Balance is the total amount of funds in your account(s). It reflects payment transactions that have been “posted” to your account, but not payment transactions that have been authorized and are pending. It may also reflect the full amount of all deposits, even though some portion of a deposit may be on hold and may not be available to you. Thus, while the term “Current” may sound as though the number you see is an up-to-date display of what is in your account that you can spend, that is not always the case. Any holds (including authorization holds) for purchase transactions, payments and fees that have not yet been posted will not appear in your Current Balance.
d. Available Balance. The Available Balance takes into account items such as holds placed on deposits and pending transactions (such as signature-based debit card purchases) that the Credit Union has authorized but that have not yet posted to your account. The Available Balance may not reflect all your outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your Available Balance may not reflect all your debit card transactions. You should only make transactions against the Available Balance, as these are the only funds you may access for transactions.
It is very important to understand that you may still overdraft your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and bill payments that you have authorized, or other outstanding transactions that have not been authorized or paid from your account. In the example above, the outstanding check will not be reflected in your available balance until it is presented to Family First and posted to your account.
In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains the Credit Union’s prior authorization but does not submit the debit card transaction for payment within three (3) business days of authorization (or for up to thirty (30) business days for certain types of debit card transactions), the Credit Union must release the authorization hold on the transaction. If the authorization hold is released, then your available balance will not reflect this pending transaction until it is presented to Family First for payment and posted to your account. Debit card transactions can be recurring or nonrecurring. Recurring transactions are where you use your debit card to set up a recurring monthly or periodic payment, such as a gym membership or insurance payment. Nonrecurring transactions are one-time or everyday transactions that are authorized each time you use your debit card. Using your debit card at a restaurant or a grocery store are examples of one-time or everyday (nonrecurring) debit card transactions.
25. Remotely Created Checks. For purposes of this paragraph, “account” means a transaction account, credit account, or any other account on which checks (share draft) may be drawn. A remotely created check is a check created by someone other than the person on whose account the check is drawn. A remotely created check is generally created by a third party payee as authorized by the owner of the account on which the check is drawn. Authorization is usually made over the telephone or through online communication. The owner of the account does not sign a remotely created check. In place of the owner’s signature, the remotely created check usually bears a statement that the owner authorized the check or bears the owner’s printed or typed name. If you authorize a third party to draw a remotely created check against your account, you may not later revoke your authorization. It is your responsibility to resolve any authorization issues directly with the third party. We are not required to credit your account and may charge against your account any remotely created check for which the third party has proof of your authorization.
26. Account Fees. The Credit Union has the right to charge fees in connection with its services. These fees may change from time to time. The current Fee Schedule is available and the member will receive written notice of any changes as required by law.
27. Credit Union Liability. 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 and the instructions you transmit, we will be liable for your actual losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. However, Family First will not be liable: (1) if, through no fault of ours, the available balance in your account is insufficient to complete a transaction, your account is closed or the transaction amount would exceed your credit limit on your line of credit; (2) if your computer fails, malfunctions or Family First’s Online Banking Service was not properly working and such problem should have been apparent when you attempted such a transaction; (3) if circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction; (4) if the funds in your account are subject to legal process or other claim; (5) if your account is frozen; (6) if the error was caused by a system beyond Family First’s control such as your internet service provider; (7) if you have not given complete, correct and current instructions so Family First can make a transfer or issue a check; or (8) if there are other exceptions as established by Family First. Additionally, we will not be liable for consequential damages, except liability for wrongful dishonor. We will not be responsible for any loss or damages suffered by you as a result of systems or software used by you to interface with our systems or software in order to initiate or process transactions, whether such transactions are initiated or processed directly with our systems or through a third-party service provider. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Agreement. Any conflict regarding what you and our employees say or write will be resolved by reference to this Agreement.
a. Name or Address Changes. You are responsible for notifying us of any address or name change. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to us. We may require all name and address changes to be provided in writing. If we attempt to locate you, we may impose a service fee as set forth in the Fee Schedule.
b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement. We will notify you, in a manner we deem appropriate under the circumstances, of any changes in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to future enforcement.
c. Effect of Notice. Any written notice you give to the Credit Union is effective when it is actually received by the Credit Union. Any written notice the Credit Union gives to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Written notice the Credit Union gives to you is also effective if provided to an electronic address you have provided to us. Notice to any one account owner is considered notice to all owners of the account.
d. Electronic Notices. If you have agreed to receive notices electronically, we may send you notices electronically and discontinue mailing paper notices to you until you notify us that you wish to reinstate receiving paper notices.
a. Contents. The Credit Union provides a statement for your account. You will receive a periodic statement of all transactions and activity on your account during the statement period. We may provide a periodic statement with information on all or some of your accounts. If a periodic statement is provided, you agree that only one statement is necessary for a joint account. For checking accounts, you understand that when paid, your original check (or any substitute check) becomes property of the Credit Union and may not be returned to you. If you request us to provide you with an original check or sufficient copy, you agree that we may provide an electronic image of the original check or sufficient copy.
b. Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned or otherwise fraudulent items drawn on your account, erroneous payments or transactions or other discrepancies reflected on your statement within sixty (60) days of the mailing date of the statement (or the notification date for electronically provided statements), we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the Credit Union’s retention of drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within fourteen (14) days of the time you regularly receive a statement.
If we mail you a statement, we will send it to the last known address shown in our records. If you have requested to receive your statement electronically, we will send the statement or notice of statement availability to the last e-mail address shown in our records.
Other Terms and Conditions
30. This Agreement is governed by the Bylaws of Family First of NY FCU, federal laws and regulations, the laws and regulations of the State of New York and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which Family First is located.
31. In the event that any section of this Agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.
32. If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest.
33. You agree that you are not engaged in unlawful Internet gambling or any other illegal activity. You agree that you will not use any of your accounts, access devices, or services for unlawful Internet gambling or other illegal activities. We may terminate your account relationship if you engage in unlawful Internet gambling or other illegal activities. You represent that you are not engaged in a marijuana business or money service business. You agree that you will not use any of your accounts, access devices, or services for a marijuana business or money service business. The Credit Union may decline to accept, process, or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law, or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. You further agree to indemnify and hold us harmless from any suits, liability, damages, or adverse action of any kind that results directly or indirectly from your illegal use of your account and/or access devices.
34. You agree that we may withhold taxes from any dividends or interest earned on your account as required by federal, state or local law or regulations. Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN within a reasonable time we may close your account and return the balance to you, less any applicable service fees.
35. We may report information about your loan or share accounts to credit bureaus. Late payments, missed payments, or other defaults on your accounts may be reflected in your credit report.
36. Upon request, we will give you the name and address of each consumer reporting agency from which we obtain a credit report regarding your account. We agree not to disclose account information to third parties except when: (1) it is necessary to complete a transaction; (2) the third party seeks to verify the existence or condition of your account in accordance with applicable law; (3) such disclosure complies with the law or a government agency or court order; (4) such disclosure is consistent with our Privacy Notice; or (5) you give us written permission.
37. Consent to Call and Text. By signing or otherwise authenticating a membership application, you agree we and/or our third-party providers, including debt collectors, may contact you by telephone or text message at any telephone number associated with your account, including wireless telephone numbers (i.e. cell phone numbers) which could result in charges to you, in order to service your account or collect any amounts owed to us, excluding any contacts for advertising and telemarketing purposes as prescribed by law. You further agree methods of contact may include the use of pre-recorded or artificial voice messages, and/or the use of an automatic dialing device. You may withdraw the consent to be contacted on your wireless telephone number(s) at any time. You may do so by any reasonable method. If you have provided a wireless telephone number(s) on or in connection with any account, you represent and agree you are the wireless subscriber or customary user with respect to the wireless telephone number(s) provided and have the authority to give this consent. Furthermore, you agree to notify us of any change to the wireless telephone number(s) which you have provided to us.
To help mitigate harm to you and your account, we may contact you on any telephone number associated with your account using an auto dialer to deliver any messages about suspected or actual fraud on your account, data security breaches, identity theft or any other messages that we deem necessary to service your account. These contacts will not contain any telemarketing, cross-marketing, solicitation, advertising, of any kind. The contacts will be concise and limited in frequency as required by law. You will have an opportunity to opt out of such communications at the time of delivery.
In the regular course of our business, we may monitor and record phone conversations made or received by our employees. You agree that we will have such a right with respect to all phone conversations between you and our employees, whether initiated by you or any of our employees. We monitor and record conversations and communications for quality control, fraud prevention, and training purposes. For payment authorizations you provide by telephone, we may require you to confirm such instructions in writing.
38. Arbitration and Class Action Waiver. You and Family First agree we will attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services Family First provided, will provide or has offered to provide to you, and/or any aspect of your relationship with Family First (hereafter referred to as the ‘Claims’). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (‘Arbitration Agreement’), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (‘AAA’) in accordance with its applicable rules and procedures for consumer disputes (‘Rules’), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at adr.org. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court.
Selection of Arbitrator. The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute forum, then you can select the forum for the resolution of the Claims.
Effective Date. This Arbitration Agreement is effective upon the 31st day after we provide it to you (‘Effective Date’), unless you opt-out in accordance with the requirements of the RIGHT TO OPT-OUT provision below. If you receive your statements by mail, then the Arbitration Agreement was provided to you when it was mailed. If you receive your statements electronically, then it was provided to you when you were sent the notice electronically.
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including any kind of injunctive relief that could be awarded by a court. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. Conversely, if the Credit Union prevails, then you will not be required to pay its attorneys’ fees and costs. Nothing contained in this Arbitration Agreement shall prevent either you or the Credit Union from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment, or any other pre-judgment remedies.
Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Class Action Waiver. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
Severability. In the event the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions shall remain fully enforceable.
Right To Opt-Out. You may opt out of this arbitration and the class action waiver provision by sending a written request to us at Family First of NY Federal Credit Union, Attn: Operations Manager, 2520 Browncroft Blvd, Rochester, NY 14625. Your written notice must include your name, address and account number, and must indicate your choice to opt out of this arbitration and class action waiver provision. Notice must be received within sixty (60) days after this agreement was first delivered or otherwise made available to you. If you fail to opt out within this sixty (60) day period, you will be deemed to have provided your consent to the resolution of claims or disputes through binding arbitration. Opting out of arbitration will not terminate or affect any other rights you or we have under this agreement. If you opt out, you must opt out of all terms of this arbitration and class action waiver provision. You may not opt out of only certain terms.