Federal Reserve issues new rules restricting overdraft fees on debit cards
Filed under: Economy
Beginning next summer, banks will have to stop charging overdraft fees on debit- and ATM-card transactions without the permission of the cardholder, according to a new rule announced Thursday by the Federal Reserve. Banks have been taking heat over the fees for months, and Bank of America (BAC) and JPMorgan Chase (JPM), among others, announced in October that they would allow their customers to opt out of overdraft protection, ending practices that consumer advocates disdain.
All told, banks reap $25 billion to $38 billion annually from overdraft fees, including fees on checks and other transactions that aren't covered by the Fed's new rule, The New York Times reports. That's serious money for consumers and the financial industry alike.
"The final overdraft rules represent an important step forward in consumer protection," said Fed Chairman Ben S. Bernanke in a statement. "Both new and existing account holders will be able to make informed decisions about whether to sign up for an overdraft service."
Consumer advocates seem sure to embrace the rule, which will prevent banks from automatically enrolling debit card customers into sometimes expensive "overdraft protection" programs that can prove quite costly. That's especially true if you think of them as loans. Indeed, given the average overdraft fee of $27 at banks surveyed last year by the Federal Deposit Insurance Corp., annual percentage rates can exceed 3,500%.
The rule seemed to sit well with the banking industry as well. Edward L. Yingling, the president of the American Bankers Association and one of the financial industry's most oft-quoted spokesmen, said the changes would "help bring consistency and clarity to overdraft programs."
Bills that would restrict overdraft fees are also making their way through Congress. In October, Sen. Chris Dodd, the chairman of the Senate Banking Committee, introduced a proposal that would cap the number of times per month financial institutions could impose the fees on a given account. The proposed bill would extend beyond debit cards to cover transactions by check.



























Reader Comments (Page 1 of 12)
11-12-2009 @ 6:16PM
MargeeD said...
Ah, good to hear. just last month, a teller deposited MY money into a trust account I hold for a reletive instead of into my personal account. The bank then proceeded to charge literally DOZENS of overdraft fees to my account, as I went on, for over two weeks, writing checks and using my ATM on my personal account. The bank, who can magically INSTANTLY figure out when I'm over my limit on my credit card, and shut it down, coyly does NOT inform me when my account is over drawn because they are making money every time I make a transaction.
Fortunately, it was clearly their error, and they were forced to reverse the charges. they did it reluctantly. I had to go in twice before they got it all cleared up. But I know all too well, how the banks will sit there and grin at their computer screens without raising a finger to notify a customer that their account is over drawn until the end of the month. They are making money off us. And they are making themselves into "the enemy".
Reply
11-13-2009 @ 4:00PM
BB Kitchen said...
Making themselves? They've LONG been the "enemy". Talk about your behemouth parasites. Any we have them and our govt to thank for this comprehensive recession we're in. Ask them what they've done to support small business and job creation lately?
11-13-2009 @ 4:21PM
Richie B said...
The thing noone is saying here is that people know there are fees for overdrawing their account - whether it be by check, ATM/Debit card, ACH transaction etc. If you do not keep an accurate record of your running balance, you have noone to blame but yourself if you overdraw your account and are charged a fee. It's like blaming a cop for pulling you over when you're speeding. You are the one who got yourself in this predicament.
11-13-2009 @ 9:45PM
Thomas said...
this same thing happened to me but it deposited it back into my bosses account instead of mine.I was named employee of the month.Lucky u got yours taken care of with ease.I had to fight with them to drop overdraft fees when it was their but finally they reversed them drew my money out and closed account
11-13-2009 @ 11:26PM
King David said...
Next JULY!!!!!!!!!!?????????????? What's wrong with "TOMORROW"????????? Gouging is gouging and should not be tolerated at all. When your account gets to a $5.00 balance your card should NOT be able to be used -- a clear SIGNAL TO YOU that you're low on money and definite protection from being screwed by the banks.
11-14-2009 @ 1:04AM
Ron said...
One small step for man.....I can't wait till we have even more long awaited change. We've been getting reemed for so long.
11-14-2009 @ 7:57AM
Bob Richardson said...
I suggest that you are not banking with a small community bank. You should switch to a bank that actually cares about you. They are out there. I know. I work for one.
11-14-2009 @ 8:43AM
CW said...
I love all the posts from bankers here ripping on people for overdrawing their accounts as if they really believe they aren't the bad guys. It's not that the banks ding people once in awhile for overdrawing their account. It's the sleazy strategies that they use to get you to overdraw more. At Bank of America they will take all the debit swipes you do on Sat. Sun. and Mon. and pile them all together on Mon. and then order them from the largest debit first to the smallest. If you have fifteen total debits over the three days this strategic manipulation can change what would have been one overdraft charge into ten. They say they order them that way to "protect" you from having large debits not going through and they compile all the debits from Sat. Sun. and Mon. because they "don't post" on the weekends. So even though they know the date of the debits they still pile them together on Mon. and order from largest to smallest in order to maximize overdraft fees. It's laughable how they try to describe this as their effort to "protect" you. I am grateful that our government is finally cracking down on these scamming con artists.
11-14-2009 @ 12:03PM
suckit said...
What happened to people being responsible for their money? Why would you ever go and spend money that you don't have in your bank account already? You would think people would learn from their errors, but instead they keep making the same one over and over.
11-14-2009 @ 11:30AM
Messenger said...
MargeeD: if you where to watch your money on line at least 2-4 times a week you would see any thing that is out of order. And also if you had looked at the bank slip that they give to you at the end of every transaction you would have known before you left the bank of the error.
11-14-2009 @ 12:41PM
todd said...
even though they cleared up thier mistake, you should check your credit report, because those blemishes may still be present, although they were reversed by the bank itself
11-14-2009 @ 12:56PM
Sandy said...
Let me guess MargeeD, you made the deposit WITHOUT a deposit slip, nor did you know the CORRECT account number that you wanted the deposit made into.............gosh why should you be responsible for your own information when you can blame someone else?
11-14-2009 @ 12:57PM
CHRISTOPHER RASCOLL said...
Limiting overdraft fees are great but they should also prohibit banks from automatically without notifying the accountholders in advance and giving them a chance to dispute. See below for what Bank of America did to me (copied from my Craigslist, Facebook and MySpace posts)
"BANK OF AMERICA IS UNSCRUPULOUS (NATIONWIDE)
Date: 2009-11-13, 7:51AM PST
Reply To This Post
PLEASE SHARE THIS POST WITH ANYONE AND EVERYONE YOU CARE TO. I AM NOW GOING TO SHARE THIS ON FB AND MYSPACE AND WILL NOT STOP UNTIL I HAVE MY MONEY IN MY HANDS !
To whom ever may read this -
I keep ALL of my money with Bank of America. Yesterday, I had money in my Checking and Savings Accounts.
Last night, at around 9 pm I went to buy gas on a trip and my Debit Card was declined. I tried to use my BofA credit card and that too was declined. There I was , at a gas station in a strange, rural town in NJ with 2 overtired toddlers, little gas, and no access to ANY of my money, cash or credit, to buy food, gas, tolls, or a hotel.
When I called BofA I was told my accounts were closed because of a risk assessment, that my accounts were in the process of being closed, and that I would not be able to get ANY of the money, not even in person at the Branch, from my accounts for 15 business days (that makes 21 + days). I was transferred to the Risk department and told by a rude gentleman that I needed to call ChexSystems. Obviously upset, I told the gentleman his answer was unacceptable, I was stranded at a gas station in a strange town. I told him I wanted to speak to a supervisor and he said one was not available. I then asked for his name and employee ID # and he promptly hung up.
When I called ChexSystems today, I was told they could give me no information over the phone, I would have to order a report, and if the information was inaccurate I would have to file a dispute with ChexSystems, and that it could take up to 60 days to investigate and resolve, and that in the meantime I cannot open a bank account with ANY bank. I have regular monthly bills for car insurance, utilities, housing, and loans that were set up on Bill Pay and no means to pay them as I cannot open an account with another bank to transfer everything over. This means I will incur additional late fees and possible interruptions of utilities, lapses in insurance.
Thus, I have no means to cash a check NO MONEY TO FEED MY FAMILY, AND NO INFORMATION AS TO WHY MY ACCOUNT WAS CLOSED. I called the Risk Department in Texas once again, and spoke with Gabriel. When I told him I was recording the call for legal purposes, I was told I was not allowed to use the recording against Bank of America, and again not given ANY information.
The reason of this post is to inform all BofA customers nationwide that Bank of America CAN and WILL close ALL of your accounts at ANY given time, for ANY reason and not give you your money for up to 21 days. And they will not give you ANY information as to why. Nor will they give you a mailing address to write them or the name of a supervisor.
If you have any accounts with BofA , I suggest you close them. I also suggest that if anything similar has happened to you, you call you State Banking Department to file a complaint.. I know I have and will continue to do so on a daily basis until this is resolved.
If anyone works for BofA, please bring this to the attention of Senior Management.
I am contacting the media to let them know BANK OF AMERICA ENGAGES IN UNSCRUPULOUS BANKING ACTIVITIES THAT RESULT IN PEOPLE NOT BEING ABLE TO ACCESS THEIR OWN FUNDS TO EAT. AS FAR AS I AM CONCERNED THEY HAVE TAKEN FOOD OUT OF MY FAMILY'S MOUTH IN AN ECONOMIC RECESSION. ONCE THE BALANCE OF MY ACCOUNT IS RELEASED I WILL BE PURSUING LEGAL ACTION AGAINST BofA !
WAY TO GO BANK OF AMERICA. ITS BAD ENOUGH YOU YOU GET SO MUCH BAD PRESS AND PUBLICITY BUT YOU HAVE IRRITATED THE WRONG PERSON AND THE BATTLE HAS JUST BEGUN. ITS A SAD STATE OF AFFAIRS WHEN EXECUTIVES AT BofA CAN GET BONUS' AND BAILOUTS, BUT ACCOUNT HOLDERS CAN'T ACCESS THEIR MONEY.
* Location: NATIONWIDE
* it's NOT ok to contact this poster with services or other commercial interests
PostingID: 1464146108
11-14-2009 @ 4:38PM
ramalama said...
Sorry MargeeD, but it sounds like it's partially your own fault. That is exactly the reason you are supposed to bring in your deposit slips filled out and not throw it on the teller to figure out which one you want it in.
Although I agree on some restrictions on overdraft fees, why should there be a limit to the number of fees incurred? That's only helping people who are frequently and knowingly overdrawing their accounts.
The fees shouldn't cost so much, but really, people should be keeping track of their money just as if they were using cash. You can't expect to be able to spend more than what you have and do it for free. I have incurred overdraft fees too, and it stinks, but it was my own fault.
11-14-2009 @ 2:20PM
steve said...
So when did become the bank's responsibility to monitor your accounts for you. It done by the computer. You overspend, and the computer puts a charge on there. Either way it didn't cost you anything so why are you crying. What would have been worse. You having to go to the bank twice or all those checks coming back because you didn't have the money in your account. Those late fees and returned check charges will not go away. I think you should personally thank the bank for not costing you a ton of money. Plus, if you had been keeping up with your balance with any of the endless ways to do so, you would have known that the money was put into the wrong account by mistake. Stop blaming other people because you want to go through life blissfully ignorant of everything around you. The overdraft fees are not the problem. The problem is people spending money they don't have. Then they want to cry because the bank charged them a fee for what is basically a unsecured loan. I don't have a problem with them changing it to opt-in. That just means I can laugh at all the lazy, worthless people trying to spend money they don't have and getting declined in stores. How much do you want to bet that the people complaining the most will opt-in after the first couple of embarrassing moments and the people not opting-in probably didn't have to worry about it to begin with. People are sheeple. No backbone to stand up and take responsibility for their own lives. GROW UP. Stupid liberals.
11-15-2009 @ 2:16AM
Jake said...
What do you wanna bet that when this happens the banks will require you to sign a card, or some such similar device, which will require your assent to the taking of such fees voluntarily!
To find out the reason why this might occur, check out www. realityunveiled.com - it will explain the whole thing.
11-14-2009 @ 4:58PM
Richard said...
The banks are all run by corrupt thieves. They take our tax dollars and pay themselves fat, unjustified bonuses. They charge usurious fees and fly around in luxurious corporate jets. It's time to stand up America... BOYCOTT the banks!!! Take all your money out and put it in a credit union (a lot of them will allow anyone to join now). The credit unions charge lower fees, give better rates and treat their clients with respect.
11-12-2009 @ 8:13PM
chris said...
What happens now when you opt out is. If you want the debit card your subject to fee's. If you don't agree to pay fees give it back. And if you don't want us(banks) to cover your transactions you'll be writing a bad check. Soooooo what would you like to do. On another note I hear banks are buying bonds that guarantee 6% interest with the FREE money taxpayers are giving them.
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11-13-2009 @ 11:43AM
Frank said...
The fools on capitol hill think they won another battle against the banks. Obama tried that a few months ago and the banks worked around that. Now you can "Opt Out" sure you can, you will lose the use of your card and your account will be closed. How many people will want to lose their cards?? not many.. The banks win again.. Trust me on this one...
11-12-2009 @ 8:25PM
David S. said...
I have paid in aprox. 100 dollars in overdraft fees this year. Good for the fed reining em in. That's my personal opinion.
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