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
Home Uncategorized

Minnesota federal court dismisses Minnesota Bankers Association’s NSF fees lawsuit

April 30, 2024
Reading Time: 3 mins read

NONSUFFICIENT FUNDS FEES
Minnesota Bankers Association v. Federal Deposit Insurance Corporation
Date: April 8, 2024

Issue: Whether the Federal Deposit Insurance Corporation’s (FDIC) Financial Institutions Letter 40-2022: Supervisory Guidance on Multiple Re-Presentment Nonsufficient Funds (NSF) Fees (FIL 40) violates the Administrative Procedure Act (APA).

‌Case Summary:  A Minnesota federal district court dismissed the Minnesota Bankers Association’s and Lake Central Bank’s lawsuit challenging the FDIC’s supervisory guidance on NSF fees.

In August 2022, FDIC issued FIL 40. The guidance only directly applied to state-chartered banks and thrifts with assets of less than $10 billion that are not members of the Federal Reserve System. The guidance emphasized FDIC expects institutions self-identifying re-presentment NSF fee issues to take full corrective action, such as paying full restitution; correcting NSF fee disclosures; providing revised disclosures to customers to consider whether additional risk mitigation practices are needed to reduce potential unfairness risk; and monitoring ongoing activities and customers’ feedback to ensure lasting corrective action.

Plaintiffs sued FDIC in Minnesota federal court to vacate FIL 40, alleging three claims. First, plaintiffs alleged FIL 40 is a legislative rule because it imposes new legal obligations on banks and commits FDIC to bring enforcement actions under specific circumstances. Second, plaintiffs claimed FIL 40 is an arbitrary and capricious agency action. Third, plaintiffs claimed FIL 40 exceeds FDIC’s statutory authority because no provision of federal law gives FDIC the authority to promulgate rules identifying specific unfair, deceptive, or abusive acts or practices (UDAAP) violations for customers’ deposit accounts or automated clearing house transactions. Plaintiffs sought declaratory and injunctive relief from the court.

The FDIC moved to dismiss arguing plaintiffs’ claimed injuries are not redressable; FIL 32 is not subject to APA review; and plaintiffs misstated and misapplied the ripeness doctrine. Opposing the FDIC’s motion to dismiss, plaintiffs argued they have standing to sue because their injuries are redressable; FIL 32 is a final agency action imposing legal obligations and consequences; the FDIC has no rulemaking authority because the CFPB has exclusive authority to define practices as unfair or deceptive; and their claims are ripe for review.

Judge Paul Magnuson granted the FDIC’s motion to dismiss, ruling plaintiffs lacked standing to sue. Plaintiffs claimed if the agency vacates FIL 32, they will not have to monitor their policies on multiple re-resentment fees and would not have to develop consumer disclosures about their policies. The court concluded, however, that rescinding FIL 32 would not impact plaintiffs’ statutory obligations because UDAAPs are already prohibited. Plaintiffs also argued their burden to establish redressability was lessened because they asserted only a procedural injury. But the court explained a procedural injury requires plaintiffs to prove a final agency action occurred. In the court’s view, plaintiffs “put the cart before the horse” by arguing they were injured based on forced compliance of FIL 32. The court reasoned plaintiffs’ argument presumes FIL 32 mandates conduct rather than offering guidance. The court reiterated plaintiffs only possessed a “redressable concrete interest” if FIL 32 is a final rule to which the APA applies.

The court also concluded FIL 32 is not a final agency action under the APA. For an agency action to be considered “final,” it must mark the consummation of the agency’s decision-making process and “be one by which rights or obligations have been determined, or from which legal consequences will flow.” According to the court, the FDIC’s policies provide that supervisory guidance does not have the force and effect of law, but only outlines its supervisory expectations or priorities, while articulating its general views. The court emphasized there are no legal consequences because the FDIC will not institute any enforcement actions based on FIL 32. Because the court concluded FIL 32 is not a final agency action under the APA, the court ruled plaintiffs failed to establish their injuries are not redressable. The court did not examine the FDIC’s argument that FIL 32 is unripe or whether FIL 32 was arbitrary and capricious because it already held that plaintiffs lack Article III standing.

Bottom Line:  Plaintiffs have until May 8 to appeal the district court’s ruling to the Eighth Circuit.

Document: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: July 13

Uncategorized
July 13, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: April through June 2026

Uncategorized
July 13, 2026

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. Section 314(a) of the USA PATRIOT Act allows information sharing between law enforcement and the private sector where...

Compliance question of the month: February 2025

Compliance question of the month: July 2026

Uncategorized
July 13, 2026

Compliance QOTM answers question on adverse action reason when denying a mortgage loan application from an individual who cannot establish legal residency and/or work authorization.

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Supreme Court of New York to dismiss a lawsuit against EWS for allegedly failing to protect Zelle users from fraud.

ABA files amicus brief urging second circuit to reverse secondary liability ruling

ABA files amicus brief urging second circuit to reverse secondary liability ruling

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Second Circuit to reverse a New York federal court decision that held BNP Paribas secondarily liable under the Anti-Terrorism Act for injuries arising from violent acts committed by the Sudanese...

Supreme Court upholds government authority to dismiss False Claims Act cases

ABA files amicus urging full Tenth Circuit to hold Colorado’s rate opt-out law violates DIDMCA

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the full Tenth Circuit to reverse a three-judge panel's decision, which ruled that a loan is "made in" an opt-out state when either the lender or the borrower is located there.

NEWSBYTES

Beige Book: Economic activity ticked up in May, June

July 15, 2026

Vought calls for more CFPB oversight, says open banking proposal coming soon

July 15, 2026

ABA expresses support for strengthening FCC’s Robocall Mitigation Database

July 15, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding the 2025 Home Mortgage Disclosure Act data

July 8, 2026

Podcast: Financing America’s independence

June 29, 2026

Podcast: Talent and innovation in community banking

June 18, 2026

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

© 2026 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

© 2026 American Bankers Association. All rights reserved.