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CFPB RIN: 3170-AB16 Publication ID: Fall 2023 
Title: Fees for Insufficient Funds  

Consumers using deposit accounts sometimes engage in transactions that exceed their accounts’ balances. Sometimes the depository institution will pay that transaction, resulting in an overdraft, but in many situations the depository institution will decline to pay the transaction and charge the consumer a non-sufficient fund” (NSF) fee.  Until recently, NSF fees were a significant source of fee revenue from deposit accounts for depository institutions; lately some financial institutions have voluntarily stopped charging such fees.  The CFPB is considering developing a proposed rule that would preliminarily identify the assessment of NSF fees in certain circumstances as an unfair, deceptive, or abusive act or practice (UDAAP) under section 1031(b) of the Consumer Financial Protection Act and impose requirements to prevent such UDAAPs.

Agency: Consumer Financial Protection Bureau(CFPB)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael Silver
Office of Regulations
Consumer Financial Protection Bureau
Washington, DC 20552
Phone:202 435-7700