Archive

$16M SETTLEMENT FOR OVERDRAFT FEES

On October 5, 2020, the Navy Federal Credit Union agreed to settle a class action suit for $16 million that will reimburse an estimated 700,000 current and former members who were charged two or three non-sufficient funds (NSF) fees on a single transaction by Navy Federal Credit Union between Jan. 28, 2014, and Oct. 27, 2020. An U.S. District Court judge in Virginia has issued a preliminary approval for the settlement in Lambert v. Navy Federal Credit Union, […]

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PREPAID ACCOUNTS JUST GOT KICKED UP TO THE CONSUMER PROTECTION SUITE

On October 3, 2016 the CFPB issued its final rule for general purpose prepaid accounts which will generally go into effect on October 1, 2017.   This culminated a 4+ year wait since the CFPB announced its initial intention to regulate prepaid accounts and 2 years from its proposal.  The CFPB’s initial 870 page ANPR has morphed into a 1,689-page final rule so it’s easy to determine that numerous products and requirements were added on that […]

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ILLEGAL OVERDRAFT PRACTICES

The Consumer Financial Protection Bureau (CFPB) has ordered Delaware-based Santander Bank, N.A. to pay a $10 million fine for illegal overdraft service practices. Santander’s telemarketing vendor deceptively marketed the overdraft service and signed certain bank customers up for the service without their consent. In addition to paying the civil money penalty to the CFPB, Santander must go back and give consumers the opportunity to provide their affirmative consent to overdraft service, not use a vendor […]

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CFPB REQUESTS INFORMATION ON OVERDRAFT PROGRAMS

The Consumer Financial Protection Bureau (CFPB) has published a Notice and Request for Information on overdraft programs. The Dodd-Frank Act grants regulatory authority to the CFPB for the Electronic Funds Transfer Act and the Truth in Savings Act, which taken together, in part, govern consumer transaction accounts. The CFPB is reviewing existing regulations and supervisory guidance issued by various regulators pertaining to the use of overdraft programs by financial institutions. To support this review, the […]

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