ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
ADVERTISEMENT
Home Newsbytes

Fed: Representment NSF fees are ‘unfair’

September 25, 2023
Reading Time: 1 min read
Don’t underestimate regulatory scrutiny of overdraft programs

In a “compliance spotlight” issued Friday, the Federal Reserve stated that it has cited banks for unfairness, under section 5 of the Federal Trade Commission Act, for charging multiple nonsufficient fees when a transaction is presented multiple times against insufficient funds in the customer’s account.

Institutions have mitigated unfair or deceptive acts or practices, or UDAP, risk by ceasing to charge representment fees and by ensuring that their disclosures were “accurate and consistent with the bank’s policy and any systems limitations,” the Fed said in the document. The agency also said that for institutions that used a third party to identify representments, the institution should monitor the third party’s system settings for compliance with UDAP regulations. “Examiners also found it helpful when institutions informed their Federal Reserve contact if a third party was unable to comply with their directions related to representments,” according to the publication.

Earlier this year, the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency issued guidance documents stating that those regulators have cited banks for unfairness UDAP violations for charging representment fees. Under guidance issued by those agencies and the Fed, a bank’s clear disclosures of multiple representment fees are not sufficient to avoid negative exam findings.

The American Bankers Association has criticized regulators’ statements that charging multiple NSF fees for represented transactions is “unfair.” ABA has pointed out that – under the applicable UDAP standard – consumers can “reasonably avoid” multiple NSF fees. Banks provide notice of the first NSF fee, and consumers can check account balances using online and mobile applications and replenish their account before the merchant resubmits the transaction for payment.

ADVERTISEMENT
Tags: Federal Reserve
ShareTweetPin

Related Posts

FinCEN to propose new rules on money laundering, whistleblower program

Treasury official outlines principles for Bank Secrecy Act modernization

Compliance and Risk
June 18, 2025

The Treasury Department is exploring ways to streamline the filing process for suspicious activity reports and currency transaction reports as part of a broader effort to modernize BSA enforcement, Deputy Secretary of the Treasury Michael Faulkender said.

FDIC, OCC tighten policy considerations for bank merger applications

Report: Bank merger activity continues at steady pace

Community Banking
June 18, 2025

While there was a temporary stall in bank merger activity in early 2025 because of the economic fallout of tariffs and other Trump administration policies, overall quarterly deal announcements have held steady, according to a new analysis by...

CFPB launches ‘tip line’ to report on bureau employees

CFPB proposes ending using civil penalty funds for consumer education, financial literacy

Newsbytes
June 18, 2025

The CFPB is proposing to stop using funds from its Civil Penalty Fund to finance consumer education and financial literacy programs, saying the practice created incentives for regulators to bring enforcement actions “for the purpose of aggrandizing the...

FOMC minutes: Persistent inflation clouds path forward

FOMC once again holds rates steady

Economy
June 18, 2025

The Federal Open Market Committee announced that it will hold the target range for the federal funds rate at 4.25%-4.5%.

ABA suggests splitting proposal to expand Fedwire, NSS operating hours

FATF releases revisions to international standard for payment transparency

Compliance and Risk
June 18, 2025

FAFT announced several revisions to its recommendation on payments transparency, which it said will enhance the safety and security of cross-border payments to better detect financial crime.

Housing starts rise in August

Housing starts dip in May

Economy
June 18, 2025

Privately-owned housing units authorized by building permits in May increased to a seasonally adjusted annual rate of 1.393 million, according to the U.S. Department of Commerce.

NEWSBYTES

Treasury official outlines principles for Bank Secrecy Act modernization

June 18, 2025

Report: Bank merger activity continues at steady pace

June 18, 2025

CFPB proposes ending using civil penalty funds for consumer education, financial literacy

June 18, 2025

SPONSORED CONTENT

AI Compliance and Regulation: What Financial Institutions Need to Know

Unlocking Deposit Growth: How Financial Institutions Can Activate Data for Precision Cross-Sell

June 1, 2025
Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

April 25, 2025
Outsourcing: Getting to Go/No-Go

Outsourcing: Getting to Go/No-Go

April 5, 2025
Six Payments Trends Driving the Future of Transactions

Six Payments Trends Driving the Future of Transactions

March 15, 2025

PODCASTS

Podcast: Staying close to clients amid tariff-driven volatility

June 18, 2025

Podcast: Old National’s Jim Ryan on the things that really matter

June 12, 2025

Podcast: What bankers need to know about ‘First Amendment audits’

June 5, 2025
ADVERTISEMENT

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.