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

Compliance question of the month: February 2025

Compliance question of the month: June 2026

Uncategorized
June 8, 2026

My bank offers a consumer checking account product titled "Free Checking." This product currently has no maintenance or activity fees, and no minimum balance or transaction requirements. The bank is considering adding a nominal monthly paper statement fee...

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

Recent news from Treasury’s Office of Foreign Assets Control: June 8

Uncategorized
June 8, 2026

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

Fed report: Banking system remains strong, assessing of fintech risk ramps up

ABA files amicus brief urging Second Circuit to review Fed board’s denial of Canandaigua’s Cash Guarantee Mortgage Program

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Second Circuit to review the Fed board's decision denying Canandaigua National Corporation’s application to offer its Cash Guarantee Mortgage Program.

Eleventh Circuit determines Chase not liable in Fair Credit Reporting Act lawsuit

ABA files amicus brief urging Third Circuit to review TransUnion class certification ruling

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Third Circuit to grant TransUnion LLC’s petition to review a district court decision that certified a class action alleging it violated the FCRA by failing to immediately block allegedly fraudulent...

Second Circuit rules Federal Reserve Act does not require Federal Reserve Banks to grant master account

Second Circuit rules Federal Reserve Act does not require Federal Reserve Banks to grant master account

Uncategorized
June 2, 2026

In a unanimous decision, a Second Circuit panel affirmed that banks do not have a statutory right to Federal Reserve master accounts.

Third Circuit affirms dismissal of BIPA claims against Amazon and Pindrop

Third Circuit affirms dismissal of BIPA claims against Amazon and Pindrop

Uncategorized
June 2, 2026

In a unanimous decision, a Third Circuit panel affirmed dismissal of a class action against Amazon Web Services Inc. and Pindrop Security Inc., holding that Pindrop qualifies as a financial institution exempt from BIPA claims related to biometric...

NEWSBYTES

FinCEN updates guidance for financial institutions on sharing information about fraud

June 12, 2026

Report: Software vulnerabilities become top vector for data breaches

June 12, 2026

ABA DataBank: A tale of two cabins

June 12, 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 bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

Podcast: How consumer deposits drive full relationship banking

May 14, 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.