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Senate Republicans vote to let banks gouge customers with higher overdraft fees

The U.S. Senate just advanced a resolution on a party-line vote to give banks more leeway to charge customers exorbitant fees if they don't have enough money in their accounts.

On Wednesday, senators passed a bill by Sen. Tim Scott (R-S.C.), who chairs the Senate Banking Committee, aimed at undoing a rule imposed by the Consumer Financial Protection Bureau (CFPB) under former President Joe Biden to cap overdraft fees at just $5. The rule was set to go into effect in October, though if it passes the House and is signed into law by President Donald Trump, it will never go into effect. Banks' overdraft fees can be as high as $35.

While Senate rules normally allow the minority to filibuster legislation to where it can't pass without 60 votes, Wednesday's vote was done as a Congressional Review Act (CRA) resolution. As the American Prospect reported, CRA resolutions "cannot be stopped by a filibuster," meaning Wednesday's 52-47 vote in the Senate is final.

READ MORE: Republicans quietly roll out bill to let banks gouge customers with higher overdraft fees

As Sen. Elizabeth Warren (D-Mass.) — who is the ranking member on the Banking Committee — explained in her Senate floor speech, the CFPB rule in question allows for banks to recoup all losses associated with a customer drawing funds they don't have, which is typically less than five dollars. And if a bank can demonstrate that their losses for an overdraft were more than $5, they can recoup the full amount.

However, Warren pointed out that many commercial banks "play a game of gotcha" by stacking customers' transactions in a way that maximizes overdraft fees. She further elaborated that revenue from overdrafts disproportionately impacts low-income Americans, and can cost them more than $400 per year.

"$400 can be the cost of a mortgage payment or rent for someone with a modest income. $400 can be the difference between their kids' medication or just going without. $400 for some families can be several weeks' worth of groceries," Warren said. "This money matters to millions of families. Altogether the CFB rule saves American families up to $5 billion a year."

"Republicans say they care about lowering costs," she continued. "But overturning this rule will make big banks richer, and hard-working families poorer."

READ MORE: 'Nickel and diming Americans': GOP slammed for helping banks 'squeeze customers' with 'junk fees'

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Republicans quietly roll out bill to let banks gouge customers with higher overdraft fees

While President Donald Trump and Tesla and SpaceX CEO Elon Musk are making significant changes to federal agencies, Republicans in both the House and Senate are aiming to let banks ramp up overdraft fees.

That's according to a Tuesday article in Rolling Stone, which reported that Rep. French Hill (R-Ark.) and Sen. Tim Scott (R-S.C.) — who chair the House and Senate Banking Committees, respectively — are introducing a bill to repeal a rule capping overdraft fees implemented by former President Joe Biden's administration. That rule capped overdraft fees at $5, whereas they were previously as high as $35. It also allowed for banks to find ways to control overdrafts without needling customers with excessive daily fees. The legislation Hill and Scott rolled out would deem the rule to "have no force or effect" if passed and signed into law.

Acting Consumer Financial Protection Bureau (CFPB) director Russell Vought (also the director of Trump's Office of Management and Budget) said he was "grateful" to Hill and Scott for introducing the bill. He added: "Passing this important legislation will immediately further President Trump’s deregulatory agenda."

READ MORE: 'Nickel and diming Americans': GOP slammed for helping banks 'squeeze customers' with 'junk fees'

According to the Associated Press, overdraft fees are a significant source of revenue for banks, allowing them to bring in roughly $8 billion annually. CFPB data shows that roughly 70% of overdraft fees were charged to accounts that had between $237 and $439, meaning that those fees disproportionately impact the poorest Americans.

The rule — which Trump and the GOP majorities in the House and Senate are likely to undo — is slated to go into effect in October of this year, and is projected to save bank customers about $5 billion per year, or $225 per household. Sen. Elizabeth Warren (D-Mass.) told Rolling Stone that Trump would be breaking his key campaign promise of lowering costs for working-class Americans if he allowed the rule to be eliminated.

“He is now sidelining the agency that over the last dozen years, has returned $21 billion directly to people who got cheated by giant financial institutions," Warren said. "In other words, his plan is to do nothing on reducing costs, but sure enough, put in place a plan to raise costs for people who are working hardest in our economy.”

Campaign finance data from OpenSecrets shows that both Hill and Scott are favorites of donors in the banking industry. The top two industry contributors to Hill's campaign are securities & investment and commercial banks, respectively. The securities and investment sector is also the #2 industry for Scott's donors.

READ MORE: Bank overdraft charges may be capped at $3 as new Biden rule ends 'junk fee harvesting'

Click here to read Rolling Stone's report in its entirety (subscription required).

'Make things easier for banks': Trump may gut key regulation put in place after 2008 crash

Big Wall Street banks are hoping that President-elect Donald Trump will kill several major regulations imposed on the financial industry — including one set of rules aimed at preventing another 2008-style financial crash.

That's according to a Saturday article in the Guardian, which reported that banks are optimistic about the incoming administration's regulatory agenda. Some bankers are particularly eager about the possibility of Trump taking an axe to the Basel III rules, which were put in place in response to the global banking crisis that preceded the Great Recession of the late aughts.

In a 2024 article, Investopedia described Basel III as an international set of guidelines developed by 28 countries that established "minimum capital, leverage and liquidity requirements to ensure major banks could survive another upheaval." This was a response to the forced bailouts of banks deemed "too big to fail," requiring an infusion of hundreds of billions of taxpayer dollars to keep financial institutions afloat.

READ MORE: Wall Street banks accused of trying to sabotage key consumer protection rule

In addition to Basel III, Trump could undo some of the anti-too-big-to-fail provisions in the 2010 Dodd-Frank financial reform act. This includes a mandatory "stress test" from the Federal Reserve imposed on all financial institutions with more than $50 billion in assets. Dodd-Frank also requires banks to put forth a "living will" that serves as a plan in the event a bank should fail.

A.J. Bell investment analyst Dan Coatsworth told the Guardian that big banks are optimistic about their treatment under Trump's second term given his promises to roll back corporate regulations. He said banks' surging stock prices in the wake of the election symbolizes Wall Street's bullish attitude toward the incoming administration, but emphasized that the industry didn't want so much deregulation that it would risk future instability.

“Trump wants to make things easier for banks, but he won’t want to risk any damage to the financial system,” Coatsworth told the Guardian. “That means being more lenient with rules but not having them too loose."

Financial institutions are also excited about Trump's stated opposition to the environmental, social and governance (ESG) movement in which investors are encouraged to hold their wealth in industries deemed to be more sustainable. JPMorgan Chase CEO Jamie Dimon has already suggested he would roll back the company's previous commitments to address climate change, and "use the word ‘commitment’ much more reservedly in the future" in regard to pro-environment pledges.

READ MORE: (Opinion) Why Jamie Dimon loves Trump's policies

Click here to read the Guardian's full report.

Bank overdraft charges may be capped at $3 as new Biden rule ends 'junk fee harvesting'

In 2022 alone, banks made nearly $8 billion off of charging overdraft fees to low-income Americans whose accounts went below zero — sometimes charging broke customers as much as $37 per overdraft. Now, a new proposed rule by President Joe Biden's administration would limit those fees to as little as $3.

The Consumer Financial Protection Bureau (CFPB) announced the new proposed rule on Wednesday, which would limit overdraft fees to as little as $3 per transaction. The CFPB says the rule — which affects banks with more than $10 billion in assets — would save approximately 23 million American households a total of $3.5 billion per year. Essentially, the rule would close a loophole banks exploited that exempted overdraft lending services from the Truth in Lending Act and other similar legislation aimed at protecting bank customers.

"Decades ago, overdraft loans got special treatment to make it easier for banks to cover paper checks that were often sent through the mail," CFPB Director Rohit Chopra stated. "Today, we are proposing rules to close a longstanding loophole that allowed many large banks to transform overdraft into a massive junk fee harvesting machine."

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The Truth in Lending Act, which was passed in 1968, required financial institutions to disclose the full costs of providing loans to customers. At that time, many families sent checks in the mail, and were unsure of when funds would actually be withdrawn and when a cleared check would post to the account holder's balance. This occasionally resulted in an account being overdrawn, after which the bank would issue a loan to cover the difference.

In 1969, when the Federal Reserve Board of Governors was establishing guidelines for the Act's implementation, they allowed an exception in the rules for banks if a depositor "inadvertently" overdrew their account. In the 1980s and 1990s, when debit cards began replacing checks as the primary form of conducting transactions, banks started charging sky-high fees to capitalize on overdraft loans, raking in billions in extra profit. JPMorgan Chase and Wells Fargo are two of the biggest offenders — according to the CFPB, those two banks raked in roughly a third of overdraft fees reported by banks over $1 billion.

"Many banks and credit unions already provide lines of credit tied to a checking account or debit card when the consumer overdraws," the CFPB stated on its website. "The proposal provides clear rules of the road to ensure consistency and clarity."

A post to the CFPB's website established several proposed overdraft fee limits of $3, $6, $7 or $14 solely to help banks recoup costs of issuing overdraft loans rather than as a profit driver, and is soliciting public comment on the appropriate amount.

READ MORE: Existential threat to CFPB spotlights massive stakes of new Supreme Court term

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