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"The legislation introduced today is common-sense bill which all Members of Congress should embrace," Waters said in a press release.

House Democrats Introduce Overdraft Fee Bill

MAR 20, 2013 5:42pm ET
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WASHINGTON — House Democrats introduced a bill Wednesday designed to address concerns about the fees banks charge consumers when a checking account is overdrawn.

The Overdraft Protection Act, co-sponsored by 46 lawmakers including the House Financial Services Committee's two top Democrats, Reps. Maxine Waters of California and Carolyn Maloney of New York, would codify a 2010 Federal Reserve Board rule requiring consumers to "opt in" for overdraft protection. It would also cap the number of fees institutions can charge an individual for overdrafts to one per month and six per year, and requires those fees to be "reasonable and proportional" to the amount of the overdraft.

In addition, the legislation would prohibit the ordering of debit charges from "high to low," a practice that has garnered numerous class action lawsuits, and directs the Consumer Financial Protection Bureau to study the use of overdraft fees with prepaid cards and potentially extend the bill's provisions to those cards if needed.

"I am proud to be an original co-sponsor of this critical legislation to protect consumers from calculated strategies by some financial institutions to generate unfair overdraft fees," Waters said in a press release. "The legislation introduced today is common-sense bill which all Members of Congress should embrace. It is in the best tradition of true consumer protection. I ask my Republican colleagues to join our efforts and to move quickly to pass this legislation so consumers can be assured of fair treatment."

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Comments (20)
Bankers bring this sort of legislative "fix" on themselves. If they don't want more regulation, they should stop behaving like ruling tyrants. Bankers' customer policies are utterly punitive, but like old world rulers, they are too elevated and out of touch to realize it. Mistreating customers by unfairly levying overcharge fees (and credit card rate increases of "one late payment and the rate goes to 29.9% indefinitely") have consequences. Tired of more legislation? Try some self-regulation and fix your own well-deserved poor image.
Posted by lvitt | Thursday, March 21 2013 at 8:55AM ET
Overdraft fees are completely avoidable by the consumer. Don't spend more money than you have and you will never have an overdraft fee. As someone that takes responsibility for managing my personal finances, I have no sympathy for people that spend more than they have in their account and then complain because they have to pay either overdraft fees or returned check fees. Similarly, if you pay your bills on time, you won't get hit with higher credit card rates for late payment. Again, the penalty is entirely caused by your behavior and entirely avoidable if you behave responsibly.
Posted by Wow | Thursday, March 21 2013 at 10:05AM ET
Your lack of sympathy undoubtedly reflects the blessings and stability in your own life, since research shows that people whose close family member becomes suddenly ill, for instance, do not think about their personal finances first. Unfortunately, an accident, illness or death of a child or spouse, sudden loss of savings, job, or business, can upend even the most financially literate person's financial management temporarily and are not always "completely avoidable." Financial punishment that endures "indefinitely" should not be added to the mix.
Posted by lvitt | Thursday, March 21 2013 at 10:59AM ET
Agree fully with Wow. It's not about lack of sympathy, its about personal responsibility. Lvitt,do you expect that someone that goes through one of life's challenging moments is entitled to free services from their mechanic, their physician, their grocer mandated by the government. If you don't like the pricing of services of your financial institution, then find another one that meets your expectations. This bill is just another example of the Nanny State that many are looking for to take care of them instead of planning and taking personal responsibility.
Posted by Responsible Consumer | Thursday, March 21 2013 at 11:32AM ET
I also celebrate your blessings Responsible Consumer. Now, search my posts for the word "free!" I do not believe in free services by financial institutions or anyone else. I am talking about strategies that exact punitive charges that endure "indefinitely" and turn people's financial difficulty (over which they may have no control) into the sort of shame that you and Wow heap upon them. Your righteous attitude results, unfortunately, in layers of regulation that I am suggesting could be avoided if customers believed they mattered to their bankers.
Posted by lvitt | Thursday, March 21 2013 at 12:06PM ET
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