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Trade Group Takeaways: CFPB overdraft proposal meets industry pushback

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Banking, Consumer Protection, Industry Regulation
Friday, January 19, 2024

The Consumer Financial Protection Bureau’s (CFPB) proposed rule on overdraft fees charged by banks and credit unions with more than $10 billion in total assets is being met with significant opposition from various industry leaders.

Trade advocates argue the bureau is exceeding its statutory authority under the Dodd-Frank Act and that the rulemaking is politically motivated. Many also allege the proposal would do more harm than good for consumers and the financial marketplace.

Below are comments from prominent executives from some of the nation’s largest trade organizations representing depository institutions that would be impacted by the rule if enacted:

American Bankers Association President and CEO Rob Nichols: “The CFPB proposes to apply Regulation Z to overdraft services offered by large banks above a ‘breakeven’ fee amount. The CFPB has no legal authority to subject overdraft services offered by any financial institution to Regulation Z, much less impose a price cap on the provision of these services to consumers.

“The proposal also fails to fully acknowledge and appreciate the significant voluntary changes many banks have already made to their overdraft programs, including the growing availability of accounts that do not charge overdraft fees, such as ‘Bank On’ certified accounts. The proposal would upset this competitive market, restricting access to overdraft with a government-imposed price cap.”

America’s Credit Unions President and CEO Jim Nussle: “The CFPB has deliberately exceeded its intended purpose at the expense of the hardworking Americans they claim to protect. Its latest overdraft fee proposal is another devastating blow to working-class Americans as it takes away a lifeline many consumers in financial distress rely on to make ends meet. We have worked tirelessly to ensure our credit union members can provide the services their members need when it comes to their financial planning and goals when opting in to these products. The bureau must be held accountable for its war on American families and Main Street America.”

Consumer Bankers Association President and CEO Lindsay Johnson: “This proposal on overdraft price setting is just the latest in a myriad of unnecessary and costly regulations by this administration that seems guided by political polling, rather than by sound policy created by what should be independent agencies. The aggregate costs and impacts of these proposals on Americans’ access to essential financial products and services have not been appropriately considered. This rulemaking and the Federal Reserve Board’s recent proposal on debit interchange, for instance, could dramatically reshape the economics of banking low-deposit consumers.”

Independent Community Bankers of America President and CEO Rebeca Romero Rainey: “While ICBA and the nation’s community banks continue reviewing the CFPB’s proposed rulemaking on overdraft services, we are encouraged that it would exempt community banks with less than $10 billion in assets. This critical exemption recognizes that community banks offer specialized overdraft products and services that are not commoditized but customized to meet the needs of their customers and local markets.

“As we review the rulemaking, ICBA will strongly advocate tiered regulation for community banks over $10 billion in assets to mitigate the impact of the rule on their customers and communities. Further, we continue to urge policymakers to cautiously consider the impact of restrictions on deposit account fees, which would have a negative ripple effect on customers and businesses that rely on these services without addressing fees for missed or late payments levied by merchants, utilities, landlords, and other payment stakeholders.”

Read Dodd Frank Update's interview with CBA Vice President, Head of Policy Kelvin Chen, who previously worked for the CFPB, about several points of contension in the proposal. 

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