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 Compliance and Risk

ABA: CFPB must conduct SBREFA review before overdraft, NSF fee rulemakings

January 3, 2024
Reading Time: 2 mins read
Chopra defends CFPB actions in Senate hearing

The CFPB may not proceed with rulemakings on overdraft and NSF fees until it assesses the economic effects of the rulemakings on community banks and credit unions, as it is required to do under the Dodd-Frank Act, the American Bankers Association asserted in a joint letter with the Independent Community Bankers of America and America’s Credit Unions this week.  

Under the Small Business Regulatory Enforcement Fairness Act, as amended by the Dodd-Frank Act, the CFPB must consider the effects on small businesses before it initiates a rulemaking that will have a “significant economic impact on a substantial number of small entities.” In its fall 2023 rulemaking agenda, the CFPB stated that it will soon issue proposals to regulate the charging of NSF fees using the CFPB’s authority to prevent unfair, deceptive or abusive practices, and to define overdraft fees as credit subject to the Truth in Lending Act and Regulation Z. The CFPB, however, has not initiated a SBREFA review for either rulemaking, signaling that it intends to skip this critical step in the rulemaking process. 

ABA observed that, if the CFPB prohibits charging NSF fees under certain circumstances, the prohibition will apply to all banks and credit unions, regardless of asset size. If the CFPB writes a rule that subjects overdraft fees to Reg. Z, that regulation would affect overdraft protection services offered by all banks and credit unions because they would face market pressure to conform their practices to the CFPB’s rule.  

Any rule issued by the bureau on overdraft or NSF fees will have “a significant impact on a substantial number of institutions with assets of $850 million or less,” ABA said, emphasizing that Congress “clearly directed” the bureau to initiate a SBREFA review before issuing notices of proposed rulemakings. 

Tags: CFPBComplianceOverdraft protection
ShareTweetPin

Related Posts

FDIC issues relief guidance for Hawaii following earthquake

FDIC issues relief guidance for Hawaii following earthquake

Compliance and Risk
November 10, 2026

The FDIC released guidance with steps intended to provide regulatory relief to financial institutions and facilitate recovery in areas of Hawaii affected by an earthquake in May.

FCC rules that consent is required for AI-generated voices in outbound calls

State attorneys general express support FCC Robocall Mitigation Database proposal

Compliance and Risk
November 10, 2026

A coalition of 49 state attorneys general expressed support for the Federal Communications Commission’s Robocall Mitigation Database proposal while urging the agency to require better vetting of the information that telecommunications providers submit.

FASB accounting standard codification paid research tool to be free of charge

ABA suggests changes to mortgage servicing rights accounting standards update

Mortgage
November 10, 2026

A proposed accounting standards update on mortgage servicing rights needs several revisions to avoid unintended consequences, ABA said in a letter to the Financial Accounting Standards Board.

Poll: Small business owners optimistic about the future

NFIB: Small-business optimism ticked down in October

Economy
November 10, 2026

The NFIB Small Business Optimism Index declined 0.1 point to 97.8 in September, slightly below the 53-year average of 98, the National Federation of Independent Business said.

New York Fed: Household debt reaches nearly $18T

New York Fed: Total household debt reached $19.1T in Q3

Economy
November 10, 2026

Total household debt increased by $334 billion, or 1.8%, in the third quarter to $19.1 trillion, the Federal Reserve Bank of New York said in its Quarterly Report on Household Debt and Credit.

Trade groups urge California to delay passage of GHG emissions reporting bill

Court partially rolls back California climate reporting laws

Compliance and Risk
November 10, 2026

A federal appeals court has narrowed the scope of a pair of California laws that require companies, including financial institutions, to report greenhouse gas emissions and climate risks.

NEWSBYTES

FDIC issues relief guidance for Hawaii following earthquake

November 10, 2026

State attorneys general express support FCC Robocall Mitigation Database proposal

November 10, 2026

ABA suggests changes to mortgage servicing rights accounting standards update

November 10, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

October 29, 2026
The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026

PODCASTS

Podcast: Proactively managing the core provider relationship

October 22, 2026

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 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.