be legally incompetent by a
court or other appropriate
administrative body, or for withdrawals that constitute
required minimum distributions from your IRA CD,
in each case subject to the provision of supporting
documentation satisfactory to us. Upon the death of
an IRA CD Accountholder, if a surviving spouse is the
sole beneficiary, then the surviving spouse must close
the IRA CD and either (a) open a new IRA CD in the
surviving spouse’s name with the IRA CD term ending
on the same date and with the same interest rate and
APY as the original IRA CD, or (b) receive the funds as a
distribution or a rollover.
(iv) General: Closed Accounts remain subject to the other
provisions of this Agreement. We may advise consumer
reporting agencies and other third parties of an
Account that is closed for misuse, as permitted by law.
(25) RESERVED
(26) AMENDMENTS, ACCOUNT CHANGES AND NOTICES
We may amend this Agreement at any time. We will send
you a notification 30 days prior to the effective date of any
amendment that is adverse to you. If you are unwilling to
agree to such amendments, you have the right to close your
Account prior to the changes taking effect, subject to any Early
Withdrawal Penalties. Your continued use of the Account after
the effective date of the change constitutes your agreement
to any amendment. Notices will be sent to the most recent
address shown on our records for your Account. Any notice to
one Accountholder constitutes notice to all Accountholders. It is
your responsibility to notify us of any changes in your address or
name, or if an Accountholder dies. If we are notified by the
U.S. Postal Service that your address has changed, we will
change your address in our records and send notice to you of
the change.
(27) ELECTRONIC FUND TRANSFER (EFT)
“EFT” or “transfer”, as used in Sections 27 and 28, means any
electronic fund transfer transaction that is initiated through an
electronic terminal, telephone, facsimile machine, computer
or magnetic tape for the purpose of ordering, instructing or
authorizing us to debit or credit your Account. The following
details your rights in regards to EFTs. You may call us if you have
any questions about your rights. Refer to Section 28 for written
notification requirements.
(a) Stop Payment of Preauthorized Transfers
If you have told us in advance to make regular payments out
of your Account, or you have authorized a third party to debit
your Account via EFT, you can stop any of these payments.
Here’s how: Call us at 1-800-347-7000, come into the Branch
or write us at Discover Bank, PO Box 30416, Salt Lake City,
UT 84130. For payments you have authorized us to make, (i)
if you make a stop payment order by phone, we must receive
it no later than 5PM Eastern Time on the date the payment
is scheduled to be made, or (ii) if you send a stop payment
order in writing, we must receive your order in such time and
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in such manner as to allow us a reasonable
opportunity to act
upon it, which will be no less than three (3) Business Days.
For payments you have authorized a third party to make from
your Account via EFT, (i) if you make a stop payment order by
phone, we must receive the order before the debit has posted
to your Account, or (ii) if you send a stop payment order in
writing, we must receive your order in such time and in such
manner as to allow us a reasonable opportunity to act upon
it, which will be no less than three (3) Business Days. If you
call, we may also require you to put your request in writing and
get it to us within 14 days after you call. You must provide us
with your Discover Account number, the name of the payee,
the date and the payment amount. The stop payment order is
effective for six (6) months from the date you ordered the stop
payment. If you would like to renew the stop payment after
the effective period of six (6) months, you must call us, come
into the Branch or send us a written request. For payments
initiated by a third party, (i) you should notify the third party
that you have withdrawn your authorization for the payment,
and (ii) a fee will apply to each stop payment order you give.
(b) Notice of Varying Amounts
If these regular payments vary in amount, the person you are
going to pay will 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.
(c) Liability for Failure to Stop Payment
If you order us to stop one of these payments within the time
frames set forth in Section 27(a) above, and we do not do so,
we will be liable for your losses or damages.
(d) Documentation of Transfers
Your EFTs will be documented as follows:
• Terminal Transfers (i.e., ATMs): You can get a receipt at the
time you make any transfer/withdrawal from your Checking
or Money Market Account using an ATM or POS terminal.
Save this receipt in order to reconcile your Account and/or to
report any discrepancies or malfunctions.
• Preauthorized Credits: If you have arranged to have direct
deposits made to your Checking Account, Money Market
Account or Savings Account at least once every 60 days from
the same person or company, you can call us at 1-800-347-
7000 or visit DiscoverBank.com to verify whether or not
the deposit has been made. You will not receive a separate
receipt for these transactions.
• ACH Transactions Initiated through the Account Center or
By Phone: You will receive a written notice confirming the
verbal authorization to process an ACH by phone. You will
be presented with a confirmation screen, confirming the
authorization to process an ACH through the Account Center.
• Statements: All transfers will be included on your
statements.