Regulatory Scrutiny of NSF and Overdraft Fees
On Sept. 8, 2022, the Consumer Financial Protection Bureau (CFPB) issued a consent order requiring one financial institution to pay a $50 million penalty and to refund at least $141 million to consumers allegedly harmed by the bank’s overdraft practices.1 The bank’s overdraft fees, referred to by the CFPB as “authorized-positive” fees, were charged on transactions that were authorized with a positive balance in the account but settled without sufficient funds to cover the transaction, resulting in an overdraft. The CFPB’s action follows the market trend of increased regulatory scrutiny of overdraft and non-sufficient fund (NSF) fees charged by financial institutions to their deposit customers.
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