Disclosures



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Truth In Savings (Electronic Funds Transfer)

The Electronic Fund Transfers Agreement is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by Texas Community Federal Credit Union (“Credit Union”). In this agreement, the words “you” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The word “we”, “us”, and “our” mean the Credit Union. The word “account” means any one (1) or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this agreement and any amendments for the EFT services offered. 1. EFT SERVICES If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union. a. Visa Check Card If approved, you may use your card to purchase goods and services from participating merchants. However, you may not use your card to initiate any type of electronic gambling transactions through the internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your share draft account. For one-time debit transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without our consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transaction. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges. For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as request to transfer funds from other deposit accounts, approved overdraft protections accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use you card and personal identification number (PIN) in ATM’s of the Credit Union, Pulse and Cirrus networks, and such other machines or facilities as the Credit Union may designate. At the present time, you may also use your card to: Make deposits to your share and share draft accounts; Withdraw funds from your share and share draft accounts; Transfer funds from your share and share draft accounts; Obtain balance information for our share and share draft accounts; Make point-of-sale (POS) transactions with your card and personal identification number (PIN) to purchase goods or services at merchants that accept VISA; Order goods or services by mail or telephone from places that accept Visa. The following limitations on the frequency and amount of Visa Check Card transactions may apply: There is no limit on the number of Visa Check Card purchases you make per day; You may make seven (7) cash withdrawals in any one (1) day from an ATM machine; You may withdraw up to a maximum of $300.00 in any one (1) day from an ATM machine, if there are sufficient funds in your account; For security purposes, there are other limits on the frequency and amount of transfers available at ATMs; You may transfer up to the available balance in your account at the time of the transfer. See Section 2 for transfer limitations that may apply to these transactions. b. Preauthorized EFT’s Direct Deposit. Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share and/or share draft account. Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and/or share draft account. See Section 2 for transfer limitations that may apply to these transactions. Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the schedule date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. A stop payment request for preauthorized Electronic Fund Transfers will apply to all subsequent transfers, unless you withdraw the request. Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the 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.

1) Liability for Failure to Stop Payment of Preauthorized Transfers.

If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. c. Electronic Check Conversion/Electronic Returned Check Fees If you pay for purchases or bills with a check or share draft, you may authorize your check or share draft to be converted to an electronic fund transfers. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

2) Transfer Limitations

For all Share accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic or internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee or be closed.

3) Conditions of EFT Services

a. Ownership of Cards Any card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the card, immediately according to instructions. The card may be repossessed at any time at our sole discretion without demand notice. You cannot transfer your card or account to another person.
b. Honoring the Card Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to honor the card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.
c. Foreign Transaction Visa purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance plus an additional 1.00%. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.
d. Security of Access Code You may use one (1) or more access codes with your electronic fund transfers. The access codes issued to you are for your security purposes. Any codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notify the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.
e. Joint Accounts If any of your accounts accessed under this agreement are joint accounts, all joints users, shall be bound by this agreement and, alone and together, shall be responsible for all EFT transaction to or from any share and share draft or loan accounts as provided in this agreement. Each joint account owner, without the consent of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted under this agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

4. Fees and Charges

There are certain fees and charges for EFT services. For a current listing of all applicable fees see our current Fee Schedule that was provided to you at the time you applied for or requested these electronic services. From time to time, the changes may be changed. We will notify you of any changes as required by applicable law. If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.

5. Member Liability

You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. TELL US AT ONCE if you believe your card has been lost or stolen, if you believe someone has used your card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund 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 (plus your possible maximum overdraft line of credit). If a transaction was made with your card or card number without your permission, and was either a Visa or Interlink transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card. For all other EFT transactions, including ATM transactions or if you were grossly negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days you can lose no more than $50.00 if someone used your card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make including those made by card, code 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 lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as hospital stay) kept you from telling us, we will extend the time periods.

If you believe your card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (361) 595-5538 (877) 595-5538 Or write to:
Texas Community Federal Credit Union
605 E. Caesar Kingsville,
TX 78363
Fax: (361) 595-5530

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

6) Right to Receive Documentation

a. Periodic Statements Transfers and withdrawals made through any debit card transactions or preauthorized EFTs will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.
b. Terminal Receipt You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM and/or point-of-service (POS) terminal. c. Direct Deposit If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (361) 595-5538 or (877) 595-5538. This does not apply to transactions occurring outside the United States.

7) Account Information Disclosure

We will disclose information to third parties about your account or the transfers you make: As necessary to complete transfers; To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant; If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s); To comply with government agency or court orders; or if you give us your written permission. 8. BUSINESS DAYS Our business days are Monday through Saturday, excluding holidays.

9) Credit Union Liability for Failure to Make Transfers

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 may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: If, through no fault of ours, there is not enough money in your account to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit; If you used your card or access code in an incorrect manner; If the ATM where you are making the transfer does not have enough cash; If the ATM was not working properly and you knew about the problem when you started the transaction; If the money in your account is subject to legal process or other claim; If the funds in your account are pledged as collateral or frozen because of a delinquent loan; If the error was caused by a system of any participating ATM network; If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers; Any other exceptions as established by the Credit Union.

10) Notices

All notices from us will be effective when we have mailed them or delivered them to your last known address in the Credit Union’s records. Notices from you will be effective when received by the Credit Union at the address specified in this agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at twenty-one (21) days before the effective date of any changes. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations. The following information is a list of safety precautions regarding the use of ATMs and night deposit facilities: Be aware of your surroundings, particularly at night; Consider having someone accompany you when the ATM or night deposit facility is used after dark; Close the entry door of any ATM facility equipped with a door; If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction. If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know; Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home; If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your card or deposit envelope, and leave; If you are followed after making a transaction, go to the nearest public area where people are located; Do not write your personal identification number (PIN) or access code on your ATM card; Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the nearest available public telephone.

11) Billing Errors

In case of errors or questions about electronic fund transfers from your share and share draft accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address 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 appears. Call us at: (361) 595-5538 (877) 595-5538 Or write to:

Texas Community Federal Credit Union
605 E. Caesar
Kingsville, TX 78363
Fax: (361) 595-5530

Tell us your name and account number. Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union has made 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 writing within ten (10)* business days. We will determine whether an error has 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 to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days, 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 asked you to put your complaint in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (3) business days of 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. *If you give notice of an error within thirty (30) day after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days to investigate the error. **If you give notice of an error within thirty (30) days after you make the first deposit to your account, notice of an error involving a POS transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate the error. NOTE: If the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.

12) Termination of EFT Services

You may terminate this agreement or any EFT service under this agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that the authority to make bill payment transfers has been revoked. We may also terminate this agreement, We may notify participating merchants making preauthorized debits or credits to any of your accounts that this agreement has been terminated. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this agreement, the termination shall not affect your obligations under this agreement for any electronic transactions made prior to termination.

13) Governing Law

This agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of Texas, 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 the Credit Union is located.

14) Enforcement

You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this agreement. You authorize us to deduct any such losses, costs, or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions. © CUNA MUTUAL GROUP, 1999, 2003, 06, ALL RIGHTS RESERVED.


Funds Availability

Our policy describes the member ability to withdraw funds at Texas Community Federal Credit Union. It only applies to the availability of funds in transaction accounts. The credit union reserves the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy.

1) General Policy

Our policy is to make funds from member cash and check deposits available to member on the next business day after we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, the member can withdraw the funds in cash and we will use the funds to pay checks that the member has written. For determining the availability of member deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If the member makes a deposit before 5:30 p.m. on a business day that we are open, we will consider that day to be the day of the member deposit. However, if the member makes a deposit after 5:30 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

2) Reservation of Right to Hold

In some cases, we will not make all of the funds that the member deposits by check available to the member on the next business day after we receive the member deposit. Funds may not be available until the second business day after the day of member deposit. However, the first $275.00 of member deposit will be available on the first business day after the day of the member deposit. If we are not going to make all of the funds from member deposit available on next business day, we will notify member at the time member makes the deposit. We will also tell you when the funds will be available. If member deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive member deposit. If member will need the funds from a deposit right away, member should ask us when the funds will be available.

3) Holds on Other Funds

If we cash a check for member that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in member account. Those funds will be available at the time funds from the check we cashed would have been available if member had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately, but delay member availability to withdraw a corresponding amount of funds that member 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 member deposited.

4) Longer Delays May Apply

We may delay member ability to withdraw funds deposited by check into member account an additional number of days for these reasons: We believe a check member deposited will not be paid. Member deposit checks totaling more than $6,750.00 on any one (1) day. Member deposit check that has been returned unpaid. Member has overdrawn member account repeatedly in the last six (6) months. There is an emergency, such as failure of communications or computer equipment. We will notify member if we delay member ability to withdraw funds for any of these reasons, and we will tell member when the funds will be available. They will generally be available no later than the seventh business day after the day of member deposit.

5) Special Rules for New Accounts

If you are a new member, the following special rules will apply during the first 30 days new member account is open. Funds from electronic direct deposits to member account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $6,750.00 of a day’s total deposits of cashier’s certified, tellers, travelers, and federal, state, and local government checks will be available on the next business day after the day of member deposit if the deposit meets certain conditions. For example, the checks must be payable to member. The excess over $6,750.00 will be available on the ninth business day after the day of member deposit. If member deposit of these checks (other than a U.S. Treasury check) is not made available until the second business day after the day of your deposit. Funds from all other checks deposits will be available on the ninth business day after the day of member deposit.

6) Foreign Checks

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.


Credit Card Agreement


U.S.A. Patriot Act

Member Identification Requirements: In accordance with Section 326 of the USA Patriot Act, applicants for new accounts are requested to provide current picture identification that verifies identity including name, address and other identifying information. In some cases, identification will be requested for current members if original documentation was not obtained with the opening of the account. In all cases, protection of our members’ identity and confidentiality is our pledge to you. We proudly support all efforts to protect and maintain the security of our members and our country.


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