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CFPB RIN: 3170-AB16 Publication ID: Spring 2024 
Title: Fees for Instantaneously Declined Transactions 
Abstract:

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 released a proposed rule that preliminarily identified the assessment of NSF fees in certain circumstances as an abusive act or practice under section 1031(b) of the Consumer Financial Protection Act and would impose requirements to prevent such acts or practices.

 
Agency: Consumer Financial Protection Bureau(CFPB)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 12 CFR 1042   
Legal Authority: 12 U.S.C. 5511, 5512, 5531(b) and (d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/24/2024  89 FR 6031   
NPRM Comment Period End  03/25/2024 
Final Rule  10/00/2024 
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:
Lawrence Lee
Office of Regulations
Consumer Financial Protection Bureau
Washington, DC 20552
Phone:202 435-7700