Disclosures

Member Conduct, Limitation of Services, and Expulsion Policy

*Effective immediately

The privilege of IRCO Community Federal Credit Union services available to members must be reserved for members who are in “good standing.” The purpose of this policy is to (1) protect the Credit Union’s employees, volunteers and members from abusive members; (2) protect the Credit Union from fraudulent activity; (3) safeguard member assets, and (4) mitigate the risk of Credit Union losses. To this end, this addresses standards of member conduct in order to assure the rights and protection of the Credit Union’s employees, volunteers and members.

You acknowledge and agree that the Credit Union’s good reputation is due in large part to the loyalty, commitment and continued efforts of its employees, volunteers and members. The Credit Union is committed to treating its employees, volunteers and members with respect and is committed to maintaining a workplace free from unacceptable conduct from any source. Failure to comply with the terms of this Account Agreement or behavior which does not comport with these standards for member conduct may result in consequences, as discussed in this policy.

This policy extends to any person who seeks member services whether directly or indirectly through a Credit Union account. This policy also applies to any person, including but not limited to any joint account owner, who has access to Credit Union services directly or indirectly through you. Your services may be limited if necessary to limit the services of a person accessing accounts or services through your accounts. This policy also extends to member conduct at any Credit Union Service Centers Network or any other shared-branching network.

You will not be considered to be in “good standing” with this Credit Union if:

1. You fail to comply with the terms and conditions of any lawful obligation with this Credit Union and as a result, the Credit Union suffers a “monetary loss” (defined below);
2. You manipulate or otherwise abuse Credit Union services or products to the detriment of the Credit Union’s membership; or
3. You engage in “abusive behavior,” or otherwise injure any person or damage any property while on Credit Union premises, at any Credit Union function, or while on the premises of any Credit Union Service Centers Network.

The determination of whether you are in “good standing” with this Credit Union will be made at the discretion of the Board of Directors and/or Senior Management of this Credit Union.

DEFINITIONS

1. “Member services” are hereby defined as any products or services now or hereafter provided or sponsored by the Credit Union or otherwise made available to Credit Union members, which services include, but are not limited to: loans, deposit accounts, ATM services, online banking services, and other electronic fund transfer services
2. “Cause” is defined as (a) a substantial or repeated violation of this Account Agreement; (b) a substantial or repeated disruption, including dangerous or abusive behavior, to the Credit Union’s operations; or (c) fraud, attempted fraud, or a conviction of other illegal conduct that a member has been convicted of in relation to the Credit Union, including in connection with Credit Union employees conducting business on behalf of the Credit Union.
3. A “monetary loss” to the Credit Union occurs when the Credit Union writes off as uncollectible any monies which you owe, for whatever reason, to the Credit Union.
   1. For loans: the monetary loss is defined as the principal amount of any monies owed and written off as uncollectible. The amount of pecuniary loss does not include interest and expenses.
   2. For shares: monetary loss is defined as the negative balance in the share account written off as uncollectible.
4. “Dangerous or Abusive behavior” includes, but is not limited to, any of the following conduct: (1) violence, intimidation, physical threats, harassment, or physical or verbal abuse of officials or employees of the Credit Union, members, or agents of the Credit Union. This only includes (a) actions while on Credit Union premises or otherwise related to Credit Union activities, and through use of telephone, mail, email, or other electronic method; (b) behavior that causes or threatens damage to Credit Union property; or (c) unauthorized use or access of Credit Union property.

The following is a non-exhaustive list of examples of types of behavior that may be viewed as “abusive” or “dangerous” by the Credit Union:

• Any threats of or actual bodily harm or illegal activity against another member or an employee or volunteer engaged in Credit Union business. • Any form of action which may constitute harassment under the Credit Union’s harassment policy. For example:
  1. Any type of harassment, including age, sexual, ethnic, or racial harassment; making racial or ethnic slurs, engaging in sexual conduct; making sexual overtures.
  2. Inappropriate touching.

• Making sexual flirtations, advances or propositions; engaging in verbal abuse of a sexual, racial or ethnic nature; making graphic or degrading comments about an individual or his or her appearance.

1. Displaying sexually suggestive objects or pictures.
2. Fighting, kicking or other physical harm or attempted harm towards a Credit Union member, employee or volunteer engaged in Credit Union business. For example:
   1. Engaging in offensive or abusive physical contact.
   2. Making false, vicious or malicious statements about any Credit Union employee or volunteer or the Credit Union and its services, operations, policies, practices, or management.
   3. Using profane, abusive, vulgar, intimidating or threatening language directed towards a Credit Union member, employee or volunteer engaged in Credit Union business.
   4. Bringing or possessing firearms or weapons or any hazardous or dangerous device on Credit Union premises or at a Credit Union function or on the premises of any Credit Union Service Centers Network.
   5. Possession, sale, use or being under the influence of an unlawful or unauthorized substance (e.g., drugs or alcohol) on Credit Union premises or at a Credit Union function or on the premises of any Credit Union Service Centers Network.
   6. Attempting to coerce or interfere with a Credit Union employee or volunteer in the performance of their duties at any time.
   7. Conducting or attempting to conduct or engage in any fraudulent, dishonest or deceptive activity of any kind involving Credit Union employees or Credit Union services.
   8. Any posting, defacing, or removing notices or signs on Credit Union premises, or writing on Credit Union bulletin boards without management authorization.
   9. Appropriation or misappropriation of Credit Union funds, property or other material proprietary to the Credit Union.
   10. Deliberate or repeated violations of security procedures or safety rules.
   11. Any other act which endangers the safety, health or well-being of another person or which is of sufficient magnitude that it causes disruption of business at the Credit Union.

POLICY

You acknowledge and agree that the availability of member services for members who are not in good standing with this Credit Union will be restricted. Any or all of the following actions may be imposed against a member who is deemed to be “not in good standing”:

1. Denial of all services other than the right to maintain a primary share account and the right to vote at annual and special meetings.
2. Preclusion from personal contact with Credit Union employees or volunteers such that Credit Union services may be available only through written communication through the U.S. mail, ATM, online banking, telephone banking, or other remote access device designated by Credit Union Senior Management.
3. Preclusion from access to the Credit Union premises.
4. Preclusion from access to any Credit Union Service Centers Network or any other shared-branching network and revoking any shared branching privileges.
5. Taking any other action deemed appropriate under the circumstances that is not precluded by the Federal Credit Union Act, NCUA Rules and Regulations, the Credit Union’s Bylaws or other applicable federal or state law.

You acknowledge and agree that any threats of bodily harm or any other illegal activity against any Credit Union employee, volunteer or other member will be reported to appropriate federal, state and/or local authorities.

In the case of continued abusive behavior or an extremely abusive incident, you acknowledge and agree that you may be subject to expulsion from the Credit Union at a special meeting of the members or at the next annual meeting of the membership.

These limitations will not prohibit you from exercising your rights under federal or state law or regulation.

IMPORTANT NOTICE TO YOUR AGREEMENT

You agree that you will not use our services to manipulate our or other institutions’ accounts or rewards programs, or the financial system in general. Examples of abuse of accounts and services or manipulation of accounts includes, but is not limited to, points schemes, loan kiting, check kiting, data manipulation, check alteration, submission of false information, or any behavior that does not have a direct consumer or household purpose. You agree that you will not use our services to violate the law, engage in any illegal transactions, or engage in fraud or fraudulent behavior. You agree that violations of other agreements with us or related to us will also be a violation of this agreement. This includes loan documents with us, and any other agreement with us, including but not limited to electronic services, web services, or other agreements for services. You further agree that violation of insurance agreements or investment agreements offered through us, our affiliates, or through referrals from us are also violations of this agreement.

EXPULSION

The Credit Union may terminate your membership in the Credit Union in one of three ways. The first way is through a special meeting. Under this option, the Credit Union may call a special meeting of the members, provide you an opportunity to be heard, and obtain a two-thirds vote of the members present at the special meeting in favor of your expulsion. The second way to terminate your membership is under a nonparticipation policy given to each member that follows certain requirements. The third way to terminate your membership is by a two-thirds vote of a quorum of the directors of the Credit Union for Cause.

Before the board votes on an expulsion, the Credit Union must provide written notice to your mail address (or email, if applicable) on record or personally provide the written notice. The Credit Union must provide the specific reasons for the expulsion and allow you an opportunity to rebut those reasons through a hearing if you choose. It is your responsibility to keep your contact information with the Credit Union up to date, and to open and read notices from the Credit Union. Unless the Credit Union determines to allow otherwise, there is no right to an in-person hearing with the board. If you fail to request a hearing within sixty (60) calendar days of receipt of the notice, you will be expelled. You may submit any complaints about your pending expulsion or expulsion to NCUA’s Consumer Assistance Center if the complaint cannot be resolved with the Credit Union.

The Credit Union will confirm any expulsion with a letter with information on the effect of the expulsion and how you can request reinstatement. Expulsion or withdrawal from membership does not relieve a member of liability to the Credit Union, and the Credit Union may demand immediate repayment of the money you owe to us after expulsion, subject to any applicable contract terms and conditions. For additional information on expulsion and a copy of our expulsion policy, see the Credit Union’s Bylaws.

LIMITATION OF SERVICES

1. Cause for expulsion can also or instead be cause for limitation of services under this section. Any or all of the following actions may be imposed for Cause:
   1. Denial of any or all services other than the right to maintain a non- dividend bearing savings account and the right to vote at annual and special meetings.
   2. Preclusion from personal contact with Credit Union employees or volunteers such that Credit Union services may be available only through written communication through the U.S. mail, ATM, Digital Banking, or other remote access device designated by Credit Union Senior Management.
   3. Preclusion from access to the Credit Union premises.
   4. Preclusion from access to any Credit Union Service Centers Network or any other shared branching network and revoking any shared branching privileges.
   5. Limiting or denying you access to electronic banking services, which include, but are not limited to, ATM/debit card usage or Digital Banking.
   6. Taking any other action deemed appropriate under the circumstances that is not precluded by NCUA Rules and Regulations, the Credit Union’s Bylaws or other applicable federal or state law.
2. These limitations will not prohibit you from exercising your rights under federal or state law or regulation.

OTHER ACTIONS WE CAN TAKE

1. We may also take other actions not prohibited under applicable law that we deem appropriate or expedient in order to collect on loans, contact you, cause you to contact us for loan or account servicing purposes, stop misuse of individual services, or stop your use of specifically impacted services from imposing undue burdens on our operations. This may include turning off specific electronic functionalities or access devices or refusing to reissue access devices or credentials. Such individual and specific actions shall not be considered limitation of services and need not be for Cause.
2. In order to encourage you to contact us, in the event that we have been unable to contact you regarding a delinquent negative deposit balance or loan payment, we may limit your access to remote, card, electronic, or automatic payment services until you contact us and/or provide us with your contact information in accordance with this Account Agreement and any applicable loan document.
3. In the event that you are delinquent in your obligations to us to the extent that the Credit Union incurs material expenses, we may limit your access to remote, card, electronic, or automatic payment services in order to reduce the expense related to your accounts and reduce the cost to you or the Credit Union of later collections activity.
4. As provided above, we or you may close any of your account(s) at any time. If an account is closed, we may send the collected balance on deposit in your account less any fees, claims, setoffs, or other amounts you are responsible for, by regular mail to your most recent address shown in our records. Items presented for payment after the account is closed may be dishonored.
5. You acknowledge and agree that any threats of bodily harm or any other illegal activity against any Credit Union employee, volunteer or other member will be reported to appropriate federal, state and/or local authorities.
6. Nothing in this policy limits the Credit Union from taking administrative or actions on individual accounts, loans, or services with respect to collections or other normal account administrative activity.

If you wish to receive a physical copy of this policy, you may contact IRCO Community Federal Credit Union at:

IRCO Community Federal Credit Union

450 Hillcrest Blvd, Phillipsburg, NJ 08865 (908-859-1811)