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ARTICLE · 01 JUNE 2023

New CFPB Circular: Reopening Closed Accounts May Violate CFPA

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On May 10, the CFPB announced the release Circular 2023-02 to confirm that reopening closed accounts may violate federal law. Based on its review of consumer complaints...

United StatesTechnology
Moorari K. Shah
Moorari K. Shah
A.J. Dhaliwal
A.J. Dhaliwal
Scott Natsuhara
Scott Natsuhara
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On May 10, the CFPB announced the release Circular 2023-02 to confirm that reopening closed accounts may violate federal law. Based on its review of consumer complaints, the CFPB observed that after customers closed their bank accounts, some accounts were reopened without customer consent and then assessed overdraft/nonsufficient funds fees and monthly maintenance fees. The Bureau warned that such practices may violate the CFPA's prohibition on unfair acts or practices. "When a bank unilaterally chooses to open an account in someone's name after they have already closed it, this is a fake account," CFPB Director Rohit Chopra said in the announcement. "The CFPB is acting on all fronts to halt the harvesting of illegal junk fees."

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