CFPB announces rule limiting bank overdraft fees; trade group sues

The Client Monetary Safety Bureau on Thursday introduced the ultimate model of a rule limiting banks’ capacity to cost overdraft charges. It says the rule will save American customers $5 billion yearly.

The regulator stated that banks might choose to cost $5 for overdrafts — a steep drop from the typical payment of round $35 per transaction — or restrict the payment to an quantity that covers the lenders’ prices, or cost any payment whereas disclosing the rate of interest of the mortgage.

“For a lot too lengthy, the biggest banks have exploited a authorized loophole that has drained billions of {dollars} from Individuals’ deposit accounts,” CFPB Director Rohit Chopra stated in a press release. “The CFPB is cracking down on these extreme junk charges and requiring massive banks to come back clear concerning the rate of interest they’re charging on overdraft loans.”

Whereas overdraft charges have been a profitable line merchandise for the business, producing $280 billion in income since 2000 in accordance with the CFPB, banks’ income from the service has been on the decline. That is as a result of lenders together with JPMorgan Chase and Financial institution of America have both diminished the charges or restricted the kinds of transactions that set off them, whereas some banks dropped the payment altogether.

The CFPB rule applies to banks and credit score unions with at the very least $10 billion in property.

The trouble, a part of a flurry of exercise from the CFPB within the waning days of the Biden administration, faces stiff opposition from U.S. banking teams which have efficiently stymied different efforts from the regulator. As an example, a rule capping bank card late charges at $8 per incident that was set to take impact in Might has been held up in federal courtroom.

The CFPB stated its overdraft rule will take impact Oct. 1, 2025, although the rule’s final destiny is unclear.

Even earlier than the presidential election victory of Donald Trump in November, the destiny of the overdraft rule would have been murky, because of business pushback. However Trump is anticipated to put in a brand new CFPB head in January who’s unlikely to assist Biden-era efforts to rein in banking exercise.

Financial institution lobbying teams have argued that the overdraft rule, first proposed in January as a part of Biden’s warfare on junk charges, would scale back entry to overdraft companies and will ship prospects to worse alternate options, akin to payday loans.

Later Thursday, the Client Bankers Affiliation filed a lawsuit towards the CFPB in Mississippi, claiming that the company exceeded its authority and did not take into account how its actions would affect customers. The group selected a venue often known as pleasant to fits difficult federal regulators.

“Whereas it’s unlucky, CBA had no alternative however to pursue authorized motion to counter the CFPB’s blatant statutory overreach with its misguided rule to make sure customers proceed to have entry to liquidity by way of overdraft companies,” CBA President Lindsey Johnson stated in a press release.