overdraft fees

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On February 2, 2023, New York Governor Kathy Hochul released her 2024 fiscal budget proposal, which included banking policy to “Protect New Yorkers from Predatory Banking Fee” in the Executive Budget Briefing Book.  The Briefing Book states:

“The Executive Budget includes nation-leading legislation that comprehensively addresses abusive bank fee practices, which tend to disproportionally harm low- and moderate-income New Yorkers, including stopping the opportunistic sequencing of transactions in a way designed to maximize fees charged to consumers, ending other unfair overdraft and non-sufficient funds fee practices, and ensuring clear disclosures and alerts of any permissible bank processing charges.”… Continue Reading

On September 6, 2022, Curinos published an update to their “Competition Drives Overdraft Disruption” study published in December 2021.  Curinos was formed from the combination of two data driven business intelligence companies, Novantas and Informa’s FBX business.     

As has been previously reported by the CFPB through a blog post and two December 2021 overdraft reports, which we previously blogged about here and here, many banks have announced innovations and policy changes in the past year to enhance their overdraft programs and reduce consumer harm.… Continue Reading

Afterpay, a buy-now, pay-later company, is facing a putative class action lawsuit in a California federal district court. The complaint alleges that Afterpay misled customers in representing that its services allowed customers to “pay for purchases at a later date, with no interest, no fees, and no hassle” when “there are huge, undisclosed fees and interest associated with using the service.”… Continue Reading

Despite expectations that the CFPB would make overdraft fees a priority item, it appears that new overdraft rules or other CFPB action is not on the near horizon.  According to a report today by Carter Doughtery in Bloomberg News, CFPB Director Richard Cordray, in a conference call earlier this month with credit unions, indicated that the CFPB has not yet made any decisions about possible new rules and would continue to work on the matter “over the next couple of years.”… Continue Reading

One of our favorite readers commented on the CFPB’s overdraft “penalty box,” which was the subject of a prior blog.  Our reader criticizes the CFPB for creating the impression that the concept of an overdraft fee box is new.  In fact, Reg DD currently requires a (shorter) box that lists the amount of overdraft and NSF fees paid for the period and year to date. … Continue Reading

Last week, Barbara Mishkin posted generally on the CFPB’s overdraft fee initiative. I found the CFPB’s prototype “penalty fee box” particularly interesting and have a few comments: 

  • While it is certainly possible that the CFPB will both require targeted disclosures and sharply circumscribe consumer choice, I take some hope from the penalty fee box disclosure that the CFPB will focus on requiring clear disclosure and continue to allow consumers a considerable measure of autonomy.
… Continue Reading

Since the CFPB was launched, we have been predicting that overdraft fees would be among the CFPB’s priority items. With the CFPB’s announcement today that it has launched an inquiry into checking account overdraft programs, it’s clear our predictions were correct. The CFPB’s focus on overdraft fees is proceeding on several different fronts and we will share more detailed comments on the CFPB’s initiatives in further blog posts.… Continue Reading