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

Navy Federal Credit Union agrees to pay $95 million to resolve CFPB’s illegal overdraft fee allegations

December 2, 2024
Reading Time: 3 mins read
Navy Federal Credit Union agrees to pay $95 million to resolve CFPB’s illegal overdraft fee allegations

Overdraft Fees
In re: Navy Federal Credit Union
Date: Nov. 7, 2024

Issue: Navy Federal Credit Union’s consent order with the Consumer Final Protection Bureau (CFPB) over its overdraft practices.

Case Summary: Navy Federal agreed to pay $95 million to resolve CFPB allegations claiming it illegally charged its customers unanticipated overdraft fees.

Navy Federal offers consumers checking accounts and calculates two balances for each consumer’s account — a “ledger” balance, referred to as the “current” balance, and an available balance. Each night, Navy Federal processes the transactions received from merchants that day for settlement. Additionally, Navy Federal offers several options to consumers with checking accounts to permit payments when those accounts become overdrawn including its Optional Overdraft Protection Service (OOPS), a fee-based overdraft product. CFPB highlighted that since 2017, Navy Federal’s disclosures have stipulated that overdraft fees are assessed based on an account’s current balance after the closing of each business day and not the available balance when a transaction is authorized. However, the CFPB claimed the credit union charged overdraft fees contrary to its disclosures.

According to the bureau, Navy Federal charged authorized-positive overdraft fees to consumers. Authorized-positive overdraft fees are fees collected from a consumer for a transaction where the available balance had sufficient funds when the transaction was authorized but insufficient funds when the transaction later settled. Customers who opted into OOPS were allegedly charged a $20 authorized-positive overdraft fee. According to the CFPB, Navy Federal’s collection of authorized-positive overdraft fees constituted an unfair, deceptive, or abusive act or practice (UDAAP) under the Consumer Financial Protection Act (CFPA). The CFPB also claimed Navy Federal’s collection of authorized-positive overdraft fees caused substantial injury because consumers paid at least $80.2 million in such fees from 2017 to 2022. Moreover, the bureau claimed these authorized-positive overdraft fees were not reasonably avoidable because they were caused by counter-intuitive, complex practices consumers did not understand or control and were contrary to consumers’ reasonable expectations. However, the CFPB pointed out that in January 2023, Navy Federal began to refund authorized-positive overdraft fees to consumers after they were incurred.

The CFPB also alleged Navy Federal charged overdraft fees for delayed posting of original credit transactions. Delayed original credit transaction fees are charges imposed on a consumer for a transaction that settled with insufficient funds in the account. These fees apply when the account would have had sufficient funds if the original credit transaction funds had been available at the time of settlement, and the settlement cutoff time was not disclosed. According to the CFPB, Navy Federal allowed consumers to access checking accounts to send or receive original credit transactions using services such as PayPal, Cash App or Zelle. However, the CFPB alleged Navy Federal did not disclose the existence of any cutoff time until December 2020, and as a result, customers incurred unanticipated overdraft fees. In the CFPB’s view, this practice constituted a UDAAP under the CFPA. CFPB acknowledged that Navy Federal addressed delayed original credit transaction fees by refunding fees from 2017 to 2019.

To resolve the bureau’s allegations, Navy Federal agreed to refund over $80 million to its members and pay a $15 million penalty to the CFPB. Navy Federal also agreed to create and maintain a compliance plan, to ensure consumers are not assessed authorized-positive overdraft fees or delayed original credit transaction overdraft fees.

Bottom Line: Navy Federal did not admit to or deny the CFPB’s allegations.

Document: Consent Order

Tags: Banking Docket
ShareTweetPin

Related Posts

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.

Santander Consumer USA Inc. agrees to pay $675K to resolve extension fee allegations

Santander Consumer USA Inc. agrees to pay $675K to resolve extension fee allegations

Uncategorized
July 6, 2026

Santander Consumer USA Inc. agreed to pay $675,000 to settle allegations that it violated New York Banking Law § 350 by charging auto loan borrowers undisclosed $25 extension fees.

BarterPay sues Deutsche Bank and Pathward over MATCH list placement and transaction laundering allegations

Sixth Circuit affirms dismissal of investor fraud lawsuit against PNC Bank

Uncategorized
July 6, 2026

In a unanimous decision, a Sixth Circuit panel affirmed dismissal of a lawsuit alleging PNC Bank facilitated an investment advisor's multimillion-dollar fraud by processing allegedly suspicious banking transactions.

Third Circuit reverses FCRA lawsuit against Nissan over lease dispute

U.S. Supreme Court declines review of FCRA credit report access decision

Uncategorized
July 6, 2026

The U.S. Supreme Court declined to review a Third Circuit decision that ruled the FCRA permits a lender to obtain a consumer's credit report when the consumer neither initiated nor authorized the underlying credit transaction.

NEWSBYTES

Federal Reserve announces leadership and objectives of its task forces

July 9, 2026

Bank survey: Small-business growth continues amid economic uncertainty

July 9, 2026

ABA DataBank: Existing home sales remain sluggish in June

July 9, 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.