CFPB proposes new laws to stamp out NSF fees for transactions declined in real time

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Laura M
Laura is a financial reporter, editor, and researcher with a particular interest in fintech innovation, capital markets, and the evolving global banking landscape.
  • The US Consumer Financial Protection Bureau (CFPB) proposes a ban on fees for non-sufficient funds (NSF) charged by banks, credit unions, and certain P2P payment companies.
  • The ban specifically targets NSF fees for transactions declined in real-time, such as those at the point of sale.
  • NSF fees are typically incurred when a transaction is processed and then declined due to insufficient funds, with an average value of $34 according to CFPB data from 2022.
  • The CFPB considers NSF fees applied to transactions involving debit cards and ATMs as “unlawful” under the Consumer Financial Protection Act.
  • The proposed rule aims to end what the CFPB calls “junk fees” created by large banks, emphasizing the need for competition to provide better products at lower costs.
  • The CFPB had previously signaled its stance against such fees in October and issued guidelines forbidding large banks from charging customers illegal fees for basic services.
  • Recently, the CFPB proposed legislation against overdraft fees, seeking to bring large financial institutions further under consumer protection laws by mandating the disclosure of the true cost of overdraft interest rates.
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