Banking , Banking Fees

New CFPB Guidance on Overdraft Fees

Late last fall, the Consumer Financial Protection Bureau (CFPB) issued guidance on bank overdraft fees it labels as “unfair” or “unlawful” along with teasing forthcoming regulations to reign in what it terms as “junk fees” and “surprise billing”. This legislation will affect several industries, including bank debit processing, concert tickets, airline tickets, and cable services to name a few. Several legislative actions are now coming forward in the new year.

Banking Sector

For the banking sector, the CFPB guidance directs that charges for insufficient funds should not be applied to account holders, including re-presentment charges where a merchant continues to attempt payment through the bank multiple times. Instead, the guidance to stay within existing regulations is to not pay the debt and to not charge an overdraft fee unless the account holder has elected either overdraft coverage or overdraft protection. Overdraft coverage is when an account holder elects to have their banking institution pay a bill even if there are insufficient funds and charge the account holder a fee. Overdraft protection is when an account holder elects to have their banking institution transfer a payable amount to a credit card or other credit agency when there is an overdraft and charge the account holder a fee.

Need More Guidance? Reach Out!

Additional information can be found on the CFPB website in the article “CFPB Issues Guidance to Help Banks Avoid Charging Illegal Junk Fees on Deposit Accounts”. Contact us for a consultation if you have questions or want further information regarding this new guidance.

Overdraft Concept

View Similar Blogs

Other blogs about cybersecurity and your business

  • Team looking at numbers

    Regulatory Bank Exam: Anti-Money Laundering (AML)/Bank Secrecy Act (BSA) Compliance Program Checklist

    Navigating the complex landscape of AML/BSA compliance represents a critical task for any community bank. With evolving regulations and stringent oversight, preparing for a regulatory bank exam can...
  • Outsourced CFO Concept

    Complete Guide to Outsourced CFO Services From The Whitlock Co.

    An outsourced CFO can make a huge difference in your company’s financial planning and long-term growth. This is when you hire an expert to act as your CFO rather than hiring a full-time chief...
  • Tax Services Concept

    Comprehensive Guide to the Tax Services Provided by The Whitlock Co.

    Tax services encompass more than just filing returns. The Whitlock Co. can identify deductions, credits, and planning opportunities tailored to the unique needs of your business. You could have a...