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Financial Services Law Insights and Observations

CFPB reports decline in NSF fees by depository financial institutions, saving consumers billions

Federal Issues CFPB Overdraft NSF Fees Fees

Federal Issues

On October 11, the CFPB’s Offices of Consumer Populations and Markets announced that through its analysis of a number of depository financial institutions it had determined that the imposition of non-sufficient fund (NSF) fee by these entities were on the decline, saving an estimated $2 billion annually for consumers going forward. Specifically, the CFPB determined that “[n]early two-thirds of banks with over $10 billion in assets have eliminated NSF fees,” “[n]early three-fourths of the banks that earned the most in overdraft/NSF fee revenue in 2021, including 27 of the top 30 earners, have eliminated NSF fees” and “[a]mong credit unions with over $10 billion in assets, 16 of 20 continue to charge NSF fees, including four of the five largest.”  It was ultimately determined larger banks have been more likely to eliminate NSF fees. Based on the CFPB’s estimates, for banks “with over $10 billion in assets, 97% of NSF fee revenue has been eliminated.”