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FDIC issues guidance on multiple re-presentment NSF fees

CFPB Monitor

The FDIC has issued new supervisory guidance (FIL-40-2022) on multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction. In the guidance, the FDIC addresses potential risks arising from multiple re-presentment NSF fees, risk mitigation practices, and the FDIC’s supervisory approach. .

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FDIC: ‘Authorize positive, settle negative’ overdraft fees present risks of unfairness 

ABA Community Banking

APSN overdraft fees present risks of unfairness because the consumer cannot reasonably avoid receiving the fees due to the “complicated nature of overdraft processing systems,” FDIC said. The post FDIC: ‘Authorize positive, settle negative’ overdraft fees present risks of unfairness appeared first on ABA Banking Journal.

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FDIC Moves to Dismiss Lawsuit Challenging NSF Fee Guidance

CFPB Monitor

The FDIC has filed motion to dismiss the lawsuit filed in July 2023 in a Minnesota federal district against the FDIC and its Chairman seeking to invalidate the FDIC’s supervisory guidance on charging multiple non-sufficient funds (NSF) fees for the same unpaid item. See out prior blog here. Continue Reading

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FDIC Consumer Compliance Supervisory Highlights looks at unauthorized EFTs, overdraft programs, re-presentment of unpaid transactions, and fair lending

CFPB Monitor

The FDIC has issued the March 2022 edition of Consumer Compliance Supervisory Highlights which includes a description of some of the most significant consumer compliance issues identified by FDIC examiners during consumer compliance examinations conducted in 2021. Re-presentment of unpaid transactions. Fair lending.

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FDIC not expected to issue fair access rule

CFPB Monitor

FDIC Chairman Jelena McWilliams recently stated that the FDIC is not contemplating a rulemaking “at this time” similar to the OCC’s proposed fair access rule issued last month. McWilliams was asked whether the FDIC supported the OCC’s proposal and was contemplating issuing a similar proposal.

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FDIC settles Operation Choke Point lawsuit

CFPB Monitor

The FDIC has announced that it has entered into a settlement of the lawsuit filed against it and the OCC in 2014 by a trade group and several payday lenders challenging “Operation Choke Point” — a federal enforcement initiative involving the FDIC, OCC and other federal agencies. In July 2017, the D.C.

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Summary of Recent FDIC Guidance on Multiple Re-Presentment NSF Fees

Banking Exchange

A topic that has generated questions from a number of financial institutions Compliance Overdraft Fees Financial Research Bank Performance Feature Fee Income Feature3 Customers Compliance Management Compliance/Regulatory Consumer Compliance.

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