ARTICLE · 26 MAY 2023

OCC And FDIC Issue Guidance On Overdraft Fees

Cullen and Dykman

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The Office of the Comptroller of the Currency ("OCC") and the Federal Deposit Insurance Corporation ("FDIC") have each issued separate...

United StatesFinance and Banking

Kevin Patterson

Elizabeth Murphy

Gabriela Morales

The Office of the Comptroller of the Currency ("OCC") and the Federal Deposit Insurance Corporation ("FDIC") have each issued separate advisories addressing risks associated with overdraft fees, particularly those associated with "Authorize Positive, Settle Negative" ("APSN") transactions.

The OCC's Bulletin ("Bulletin") discusses certain practices that may present a heightened risk of violating prohibitions against unfair or deceptive acts or practices ("UDAAP") and describes practices that may assist banks¹ with managing overdraft protection program risks. The FDIC's Supervisory Guidance ("Supervisory Guidance"), issued to all FDIC-supervised financial institutions, expands on the agency's 2019 Supervisory Highlights² article by discussing the FDIC's concerns with both the available and ledger balance methods used by institutions when assessing overdraft fees.

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