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              Congressional
         ~'a esearch Service






CFPB Finalizes Overdraft Rule, Related

Legislation



February 24, 2025

Overdraft refers to when the money in a consumer account cannot cover a given transaction, but a
financial institution pays the transaction. While some financial institutions do not offer overdraft
coverage, banks that do typically charge a fee for covering each overdraft, often around $35. The
Consumer Financial Protection Bureau (CFPB) finalized a rule in January 2025 that would cap the
overdraft fee at either $5 or an alternative price at institution costs. Alternatively, financial institutions
could provide additional disclosures as required of credit subject to the Truth in Lending Act (TILA).
Legislation introduced in the 119th Congress would overturn this recent rule using the Congressional
Review Act (CRA): H.J.Res. 59 and S.J.Res. 18.


Overview of Overdraft and Recent Trends

Many  financial institutions offer overdraft protections with different terms and conditions. Overdraft fees
have generally been an increasingly significant component ofnoninterest bank income over the past 40
years, though the trend has reversed recently. From 2020 to 2023, research from the CFPB shown in
Figure 1 found that banks had reduced their revenue from overdraft and non-sufficient fund (NSF) fees
by nearly 50%. This comes as some financial institutions have adjusted overdraft and NSF fee policies,
including reducing overdraft fees, instituting grace periods, or eliminating these fees altogether. Other fee
revenue remained flat from 2019 to 2023 even as overdraft/NSF revenue declined.













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