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CFPB announces rule limiting bank overdraft fees; trade group sues in response

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Rohit Chopra, director of the CFPB, testifies throughout a Home Monetary Providers Committee listening to on June 14, 2023.

Tom Williams | Cq-roll Name, Inc. | Getty Photographs

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

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

“For much 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 huge banks to return clear in regards to the rate of interest they’re charging on overdraft loans.”

Whereas overdraft charges have been a profitable line merchandise for the trade, producing $280 billion in income since 2000 in response to 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 forms of transactions that set off them, whereas some banks dropped the charge altogether.

The CFPB rule applies to banks and credit score unions with not less than $10 billion in property.

The hassle, 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. For 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 trade 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 clients to worse alternate options, reminiscent of payday loans.

Later Thursday, the Shopper 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 shoppers. 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 shoppers proceed to have entry to liquidity by means of overdraft companies,” CBA President Lindsey Johnson stated in a press release.



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Tags: announcesbankCFPBFeesGrouplimitingoverdraftResponseRuleSuestrade
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