Validation of Access Device
You may use your VISA Check card, or the Audio Response System (VAL) to transfer money into or out of your account only after it has been validated. Your ATM card and VAL are considered Validated when you receive your Personal Identification Number (PIN), or VAL Access Code. Your number will be mailed directly to you at the current address on your account record. Your VISA Check card will be validated upon your telephonic validation using the phone number provided to you upon receipt of the card(s). If you do not wish to use your ATM card, VAL or VISA Check card, please contact our Information Center.
In case of errors or questions about your electronic transfers
Call or write us as soon as you can, if you think you statement is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the first statement on which the problem first appeared.
1. Tell us your name and account number.
2. Provide a description of the error or the transfer you are unsure about, and explain why you believe it is in error or why you need further information.
3. 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 10 business days.
We will tell you the results of our investigation within 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 45 days (90 calendar days for foreign initiated transfers and all transfers resulting from point of sale debit card transactions, or a transaction occurring within the first 30 days after a deposit to a new account) to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days for the amount you think is in error (20 business days if your account has been open for 30 days or less), so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not recredit your account.
If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents used in our investigation.
Member's liability for unauthorized transfers
Tell us immediately if you believe your ATM card, VISA Check card, PIN # or Access code(s) have been lost, stolen, or someone has transferred or may transfer money from your account without your permission. Telephoning is the best way of keeping your losses to a minimum.
For transactions performed with your ATM card, if you notify us within two business days after you learn of the loss, theft or unauthorized use, you can lose no more than $50 if someone used your card or code without your permission. If you do not notify us within two business days after you learn of the loss or theft, and we can prove that by doing so, we could have stopped someone from using your card without your permission, you could lose as much as $500. Failure to notify us may result in your loss of all the money in your account.
For transactions performed with your VISA Check card, if you notify us of the loss, theft or unauthorized use of your card within two business days from the time it was discovered, your liability will be $0. If you report the loss, theft, or unauthorized use after the two day period, your maximum liability will be $50. VISA/PLUS ATM network transactions are not affected by this policy and liability limits permitted by Regulation E apply.
If you lose any SunWest transaction cards, you must notify the Credit Union immediately. If the card is stolen, in addition to notifying SunWest, you must report the theft to the Police Department. The following notification procedure must be followed:
1. During Credit Union business hours, notify the Information Center at (602) 993-2993 or 1-800-352-4055.
2. For VISA Check card holders, after business hours, on weekends and holidays, contact VISA Security at 1-800-453-4270.
Types of and limits on available transfers
Your transaction card and PIN may be used to make withdrawals and transfers to or from your regular savings, checking, or line-of-credit at Automated Teller Machines (ATMs). Deposits may be made at ATM machines owned by SunWest or at select ATM machines displaying the STAR Deposits decal. Line-of-credit loan access may differ from that listed above depending on the machine. You may use your card to withdraw cash up to the daily dollar limit periodically established by us. We will advise you of changes in that dollar limit. The daily dollar limitations are based on midnight to midnight time periods (weekend transaction totals are included in the preceding Friday's dollar limitations). We also reserve the right to keep (capture and retain) your card and to refuse to make transfers at anytime.
You may pay for purchases at places whom have agreed to accept your VISA Check Card. The transaction will be posted against your checking account with overdraft protection available as designated by you.
You may use pre-authorized electronic funds transfers to make deposits, loan payments, or withdraw funds to or from your account.
24 hours a day, 7 days a week, your VAL access code may be used to telephonically withdraw funds by check (payable to the first signer on the account), transfer funds within your account, inquire on your balances or activity on your savings, checking, loan, or certificate of deposit accounts.
We may charge you a fee for each transaction you make using an ATM card, VISA Check Card, Point-of-Sale, or pre-authorized transfers from your account. This fee may be amended from time to time as disclosed in our schedule of charges. PRE-AUTHORIZED TRANSFERS FROM ANY SAVINGS ACCOUNT VIA TELEPHONE OR OVERDRAFT PROTECTION ARE LIMITED TO SIX (6) TIMES PER MONTH.
Disclosure of account information to third parties
We will disclose information to third parties about your account or the transfers you make: 1) where it is necessary for completing transfers, 2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, 3) in order to comply with government agencies or court orders, 4) if you give us your written permission.
Right to receive documentation transfers
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you may contact us by telephone to verify whether the deposit has been made. You will receive a monthly account statement covering your checking account and/or any account containing electronic funds transfer transactions. You will get a receipt at the time you make any transfer from your account via ATMs, POS, or VISA Check Card (except telephone transactions).
Right to stop payment of pre-authorized transfers, procedures for doing so and financial institutions liability for failure to stop payment
If you have authorized a company to periodically debit your account, you may place a stop payment on the item by notifying us orally or in writing at any time up to 3 business days before the scheduled date of the transfer and you agree to pay the applicable fee which may be in effect at that time. If you do notify us orally, you must send written confirmation of the order within 14 days of the oral notification. If you do not send written confirmation, the stop payment order will cease to be binding 14 days after it has been made. If you order us to stop a pre-authorized debit 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 as provided by federal law.
If you intend to cancel the item, you may revoke all further debits for the applicable company and you agree to notify the debiting company of your intent to cancel the pre-authorized debits. You must sign a Notice of Cancellation and you may be required to provide SunWest a copy of the notification that you provide to the debiting company.
If these regular debits vary in amount, the debiting company should tell you 10 days in advance of the change in amount, so that you may notify SunWest to stop payment on the revised amount.
You cannot stop payment on share drafts that have been guaranteed by your SunWest guarantee card, or on point of sale transactions made with your SunWest VISA Check card or ATM card. SunWest will not be liable to you for failure to stop any payment unless such payment occurs through our failure to execute the stop payment order in good faith and through reasonable exercise of due care.
Financial institution's liability for failure to make transfers
If we don't complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by federal law. However, there are some exceptions. We will not be liable for instance:
1. If through no fault of ours, you do not have enough available money in your account to make the transfer.
2. If the ATM terminal where you are making the transfer does not have enough cash.
3. If the ATM terminal, our data processing system, or VAL was not working properly and you knew about the breakdown when you started the transfer.
4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
5. If the funds in your account are subject to a court order or other restriction preventing the transfer.
6. There may be other exceptions stated in our agreement with you.
ELECTRONIC "WHOLESALE CREDIT" TRANSACTIONS subject to Uniform Commercial Code Article 4A
Provisional Payment
Credit given by us to you with respect to an automated clearing house credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you the amount of such entry.
Notice of receipt of ACH Items
Under the operating rules of the National Automated Clearing House Association which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of an ACH item, and we will not do so. However, we will continue to notify you of receipt of payments in the periodic statements we provide to you.
Choice of Law
We may accept on your behalf payments to your account which have been transmitted
through one or more Automated Clearing House ("ACH") and which are
not subject to the Electronic Fund Transfer Act and your rights and obligations
with respect to such payments shall be construed in accordance with and governed
by the laws of the state of New York as provided by the operating rules of the
National Automated Clearing House Association, which are applicable to ACH transactions
involving your account.