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Consumer Bureau Proposes Overdraft Fee Limits for Large Banks

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The Client Monetary Safety Bureau on Wednesday proposed a rule that might sharply restrict overdraft costs at America’s largest banks and credit score unions, a change that the company estimated might save households as much as $3.5 billion a yr in charges.

The proposal, which should undergo a remark interval and wouldn’t take impact till a minimum of late 2025, goals to finish the $35 overdraft payment that has turn out to be the usual at many banks.

The bureau’s rule would give banks just a few choices for setting a decrease payment. They might cost a break-even payment — primarily based on the person financial institution’s personal prices — or a benchmark payment decided by the bureau. The company has proposed a spread of $3 to $14 for the benchmark.

Alternatively, the banks might deal with overdrafts as a line of credit score and supply the disclosures required by the Reality in Lending Act, together with rates of interest.

“Many years in the past, overdraft loans obtained particular therapy to make it simpler for banks to cowl paper checks that had been usually despatched by way of the mail,” stated Rohit Chopra, the patron bureau’s director. “Immediately, we’re proposing guidelines to shut a longstanding loophole that allowed many massive banks to remodel overdraft into a large junk payment harvesting machine.”

The proposed rule would apply solely to establishments with belongings of $10 billion or extra, a class that features roughly 175 of the nation’s greater than 9,000 banks and credit score unions. These massive suppliers gather about two-thirds of all overdraft payment income, the bureau stated.

The buyer bureau has been laying the groundwork for greater than a decade for a rule curbing overdraft charges, releasing reviews analyzing the charges and discussing its issues with banking trade executives and commerce teams.

Anticipating the crackdown, some massive banks have already slashed their charges. In 2022, Citigroup eradicated the charges and Financial institution of America minimize its cost to $10 from $35. Shoppers paid $7.7 billion that yr in overdraft charges, down from $12.6 billion in 2019, in keeping with the patron bureau’s estimates.

Banking commerce teams are fiercely against stricter overdraft guidelines. “Overdraft safety charges are clearly disclosed, extremely regulated and supply a service that an awesome majority of customers discover priceless,” Rob Nichols, the chief govt of the American Bankers Affiliation, stated final month.

His group and two others despatched Mr. Chopra a letter this month urging the bureau to convene a small-business assessment panel to touch upon the rule, a step the bureau is required to take earlier than it adopts laws that would considerably have an effect on small firms.

“No matter which banks are immediately topic to the bureau’s rule, all banks would face market strain to adapt their practices to the bureau’s rule,” the commerce teams wrote.

The bureau stated this week that it could not convene that requested panel, as a result of its rule would apply solely to massive banks and credit score unions.

Client advocates praised the proposal. “Overdraft charges will not be a lot a helpful service as a profitable revenue heart that’s largely underwritten by essentially the most economically weak customers,” stated Carter Dougherty, a spokesman for People for Monetary Reform. “This reform is a step in getting banks again to offering good service and away from gotcha charges.”

The bureau will settle for public feedback on the proposed rule till April 1, after which it could actually begin the ultimate steps of adopting the adjustments.

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