CFPB Announces Final Rule Redefining Overdraft Fees as Finance Charges to Limit Fees
The Consumer Financial Protection Bureau (CFPB) has made a groundbreaking announcement that could potentially save consumers billions of dollars annually. On December 12, 2024, the CFPB revealed its final rule, redefining overdraft fees as finance charges in an effort to limit these fees and regulate how they are charged and collected.
For over 50 years, overdraft fees have been exempt from the definition of “finance charge” under the Truth in Lending Act (TILA). However, the CFPB now views this exemption as a profitable loophole for financial institutions, estimating that these institutions have made over $280 billion in revenue from overdraft fees since 2000.
Under the new rule, financial institutions have three options regarding overdraft fees: capping fees at $5 per day, capping fees at an amount sufficient to cover costs and losses, or disclosing overdraft loan terms like any other loan. Additionally, banks are now restricted from automatically withdrawing overdraft fees from consumer accounts, giving consumers the option to either opt into automatic withdrawal or manually repay the fees.
While the final rule is set to take effect on October 1, 2025, it has already faced challenges. Industry groups have filed a lawsuit against the CFPB, arguing that the rule will harm consumers. President-elect Trump and Congress may also work to rescind the rule.
The ultimate impact of the final rule on consumers remains uncertain, but it represents a significant step in the CFPB’s efforts to eliminate “junk fees” and protect consumers from excessive overdraft charges. Stay tuned for updates on this developing story.
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