Biden's Plan to Slash Your Bank Overdraft Fees

Biden and the CFPB recently announced a battle against banking exploitation
Updated June 6, 2024
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In a monumental move aimed at curbing what President Joe Biden labels as "exploitation," the Consumer Financial Protection Bureau (CFPB) has proposed a set of changes to finally reign in excessive bank overdraft fees. 

Overdraft fees have long been a contentious issue, but American consumers might finally get what they need. The proposed regulations, part of the Biden administration's broader effort to combat "junk fees," bring forth a set of reforms that could reshape the banking landscape, and put money back into your wallet.

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Current state of overdraft fees

The unveiling of the CFPB's proposed changes sheds light on the longstanding issue of overdraft fees that has plagued American consumers for decades. Since 2000, the cumulative overdraft fees paid by consumers amount to a staggering $280 billion, during which time bank revenues from overdraft fees skyrocketed. 

This surge in annual revenue is largely funded by fees that often exceed $30 per transaction. These fees are burdens that Biden said “often hit the most vulnerable Americans the hardest, all while banks pad their bottom lines,” in a statement on Wednesday.

The administration wants to provide protections to low-income families who are most likely to incur these types of fees, especially as they struggle with things like inflation, credit card debt, and paying student loans. 

How Biden might help reduce your overdraft fees

President Biden's push to reform overdraft fees is a significant step in curbing what he deems as "exploitation" by banks. The proposed regulations aim to close  a loophole that exempted overdraft loans from the consumer protections mandated by the Truth in Lending Act. In essence, when you overdraft your account, your bank is issuing you an overdraft loan and then charging you a fee for servicing that loan.

The reforms primarily target banks with assets exceeding $10 billion, roughly 175 institutions that collectively account for a substantial portion of overdraft fees charged annually. 

Biden's administration asserts these changes are crucial to preventing what it terms "junk fees" – charges imposed on consumers with little notice and without reflecting the true cost of services. Many believe the accumulation of fees like this are stopping many Americans from building their net worth to buy a home or save for retirement.

How this might impact your banking experience

The reforms offer two primary options for big banks regarding overdraft coverage:

  1. Credit lines: The first option involves treating overdraft loans as credit line loans, subject to the regulations of the Truth in Lending Act. This would include underwriting processes to determine consumers' repayment abilities and compliance with limitations on penalty fees. Think of it as a loan to yourself.
  2. Overdraft coverage: The second option allows banks to continue offering overdraft coverage as a courtesy service but with fees aligned with their costs or according to an established benchmark. The proposed benchmark rates range from $3 to $14 per transaction.

Either of these solutions will be better than being charged $30 to $35 per transaction and possibly having your account locked for some time. Neither may solve the issues entirely, but it could be a step in the right direction.

Should the proposed reforms be accepted, they are expected to go into effect in October of 2025.

Banks that could be impacted

The proposed regulations target banks with assets exceeding $10 billion, which equals approximately 175 institutions. These large banks are responsible for the majority share of overdraft fees charged each year. Some of the banks that will be impacted include:

  • Chase
  • Citibank
  • Bank of America
  • TD Group
  • Wells Fargo
  • First Citizens Bank
  • PNC Financial Services
  • Bank of New York Mellon
  • Citizens Financial
  • Capital One
  • HSBC

You can do a quick search online to estimate what asset level your bank might be at to see if you could be impacted. 

Bottom line

The CFPB's proposed overhaul of overdraft fees reflects a significant stride in redefining consumer protections in the banking sector. They hold the potential to reshape the banking experience for millions of Americans. 

Whether big banks choose a credit-centric approach or opt for a courtesy service aligned with benchmark rates, the proposed changes signal a pivotal moment in the ongoing battle against what President Biden terms as banking exploitation, and ultimately put more money back into your wallet.

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Author Details

Georgina Tzanetos Georgina Tzanetos is a former financial advisor who has been active in financial media for the past six years. She holds a master's in political economy from NYU, where she studied distressed labor markets.