News & Analysis as of

Overdraft Fees Financial Institutions

Sheppard Mullin Richter & Hampton LLP

CFPB Terminates Two Consent Orders Addressing Overdraft Fees and Mortgage Servicing Violations

On July 1, the CFPB terminated two separate consent orders, one involving a federal credit union and the other involving a national mortgage servicer. Both orders stemmed from 2024 enforcement actions and involved alleged...more

Baker Donelson

Mid-Year 2025 Financial Services Litigation Update

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Litigation against banks and other financial services firms is always evolving. This mid-year 2025 update discusses trends from recent case filings and decisions and highlights the importance of awareness of new legal...more

Orrick, Herrington & Sutcliffe LLP

CFPB cancels consent order with a federal credit union

On July 1, the CFPB terminated a consent order with a federal credit union by issuing an order terminating the consent order. The original consent order was issued on November 7, 2024, concerning alleged violations of...more

Orrick, Herrington & Sutcliffe LLP

CFPB’s repeal of two final rules leads to dismissal of two cases

Recently, federal district courts dismissed two cases which challenged two final rules promulgated by the CFPB under the previous administration. Specifically, these dismissals came soon after President Trump repealed the...more

Orrick, Herrington & Sutcliffe LLP

President Trump repeals two CFPB rules

On May 9, President Donald Trump repealed two CFPB rules which were brought under the previous administration. The first action repealed the CFPB’s overdraft lending rule (S. J. Res. 18), which would have capped overdraft...more

Sheppard Mullin Richter & Hampton LLP

President Trump Signs Resolution Nullifying CFPB Overdraft Fee Rule

On May 9, President Trump signed a Congressional Review Act resolution repealing the CFPB’s final rule restricting overdraft fees at large financial institutions. The rule, originally finalized under the Biden administration,...more

Holland & Knight LLP

CFPB Overdraft and Digital Payment Rules Repealed by Trump Administration

Holland & Knight LLP on

President Donald Trump on May 9, 2025, signed into law measures to eliminate two CFPB rules established under the Biden Administration. The first rule repealed was the CFPB's Overdraft Rule, one aspect of the Biden...more

Ballard Spahr LLP

Trump signs resolution nullifying CFPB overdraft rule

Ballard Spahr LLP on

President Trump has signed a Congressional Review Act (CRA) resolution nullifying the CFPB’s controversial overdraft rule. ...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2025

The Federal Reserve has announced multiple decisions to rescind existing requirements for crypto-asset activities. The April 24 announcement included the rescission of a 2022 supervisory letter that required state member...more

Hudson Cook, LLP

CFPB Bites of the Month - April 2025 - "I'll Remember April and the CFPB"

Hudson Cook, LLP on

In this month's article, we share some of our top "bites" covered during the April 2025 webinar....more

Cozen O'Connor

The State AG Report – 04.17.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Illegal E-Cigarette Sales Targeted by AG Enforcement...more

Cozen O'Connor

AGs Urge Congress to Keep CFPB Rule Limiting Overdraft Fees

Cozen O'Connor on

A group of 23 Democratic AGs and Hawaii’s Office of Consumer Protection sent a letter to U.S. House of Representatives leaders urging them to vote against House Joint Resolution 59, which would overturn the CFPB’s 2024 Rule...more

Orrick, Herrington & Sutcliffe LLP

Congress overturns two CFPB rules via congressional review

On April 9, the House of Representatives passed two resolutions that it received from the Senate, overturning two CFPB rules from the Biden administration. The House considered S.J. Res. 18, disapproving the CFPB’s final rule...more

Troutman Pepper Locke

House Passes Two CRA Resolutions Rolling Back CFPB’s Overdraft and Digital Payment Rules

Troutman Pepper Locke on

On April 9, the House of Representatives passed two Congressional Review Act (CRA) joint resolutions aimed at nullifying certain Consumer Financial Protection Bureau (CFPB) rules finalized in the final days of the...more

Ballard Spahr LLP

House sends Trump resolution to nullify CFPB overdraft rule

Ballard Spahr LLP on

The resolution to nullify the CFPB’s overdraft rule now is in President Trump’s hands....more

Ballard Spahr LLP

Senate adopts resolution to nullify CFPB overdraft rule

Ballard Spahr LLP on

The Senate on March 27 adopted a resolution that would nullify the CFPB’s overdraft rule. The Senate adopted S. J. Res. 18 by a vote of 52-48, with Sen. John Hawley, R-Mo., the only Republican voting against repeal....more

Katten Muchin Rosenman LLP

RIP Overdraft Rule?

Last month, bills were introduced in the House and Senate to overturn the much-maligned CFPB overdraft rule. You can find our previous write-up on the rule here. The rule would redefine “finance charge” under Regulation Z to...more

Orrick, Herrington & Sutcliffe LLP

Senators pen letter to bank data CEO on debanking claims

On March 6, Sens. Andy Kim (D-NJ) and Elizabeth Warren (D-MA) from the Senate Banking, Housing, and Urban Affairs Committee requested information from the CEO of a company that collects and reports consumer information in the...more

Goodwin

2024 Year in Review: Cards, Payments, and Consumer Banking

Goodwin on

We expect continued scrutiny by regulators on fees, including enforcement actions and rulemakings, with the caveat that the new administration could shift federal priorities away from this fee crackdown....more

Orrick, Herrington & Sutcliffe LLP

NCUA updates policy on overdraft and NSF fee data collection

On March 3, the NCUA announced changes to its policy on the collection and publication of overdraft and NSF fee income data from credit unions. Previously, the NCUA required federally insured credit unions with assets...more

Ballard Spahr LLP

House Committee adopts resolution to nullify CFPB overdraft rule

Ballard Spahr LLP on

The House Financial Services Committee on March 5 took the first step toward repealing the CFPB’s overdraft rule, adopting a resolution under the Congressional Review Act. ...more

Ballard Spahr LLP

NCUA Rescinds Policy to Publish Credit Unions’ Overdraft and NSF Income

Ballard Spahr LLP on

Chairman Kyle S. Hauptman announced that the National Credit Union Administration (NCUA) will no longer publish overdraft and non-sufficient fund (NSF) fee income for individual credit unions with more than $1 billion in...more

Ballard Spahr LLP

Resolutions to nullify CFPB overdraft rule introduced in House, Senate

Ballard Spahr LLP on

The Chairmen of the House and Senate committees with jurisdiction over banking issues have introduced Congressional Review Act resolutions to nullify the CFPB’s overdraft rule. House Financial Services Committee Chairman Rep....more

Orrick, Herrington & Sutcliffe LLP

Congressional Republicans introduce resolution to repeal CFPB overdraft lending rule

On February 13, Republican members of the U.S. House and Senate introduced a joint resolution under the Congressional Review Act (CRA) to nullify the CFPB’s final rule related to overdraft lending fees. The CFPB’s overdraft...more

Troutman Pepper Locke

New York Issues Proposed Regulations About Overdraft Fees

Troutman Pepper Locke on

Given the future uncertainty of the Consumer Financial Protection Bureau’s (CFPB) efforts to regulate bank overdraft fees, New York’s Department of Financial Services (DFS) has stepped in to fill a perceived gap. The DFS...more

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