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Bank Of America Backpedals On Overdraft Fees

CANDICE CHOI and EILEEN AJ CONNELLY   09/22/09 11:10 PM ET   AP

Overdraft

NEW YORK — As lawmakers prepare to implement sweeping credit card reforms, Bank of America Corp. and JPMorgan Chase & Co. are moving to overhaul overdraft fees and practices that have been criticized industrywide as excessive and harmful to consumers.

Bank of America Corp. said Tuesday it will cap the fees it charges customers for overdrawing their accounts, backpedaling on the hikes the company imposed just this year. Starting Oct. 19, Bank of America no longer will charge overdraft fees when a customer's account is overdrawn by less than $10 in one day.

A $35 fee will still be levied if the account isn't brought into balance within five days.

The Charlotte, N.C.-based bank also will limit to four the number of times an overdraft fee can be charged on an account per day. Just this year, the bank had raised that cap from five to 10. It also raised the fee this year for the first overdraft in a 12-month period to $35 from $25 – a hike that still stands.

Enrollment in the bank's overdraft program is currently automatic for new customers, and opting out is possible only in "very limited" circumstances, said Anne Pace, a Bank of America spokeswoman. But now customers will be able opt out, meaning that transactions will be denied at the register if customers don't have enough money in their accounts to cover a purchase.

Pace said the company didn't have an estimate on how many people might opt out of the overdraft program, noting that many consider it a useful backup. Customers will need to visit their local branches to opt out. They will also be able to call, Pace said, but the appropriate phone number hasn't yet been determined.

When asked about the reversal from the fee hikes earlier this year, Pace said the company is responding to the "changing needs" of customers in the difficult economic environment.

JPMorgan Chase & Co. also will be overhauling its overdraft fees, a spokeswoman said late Tuesday. Starting in the first quarter of 2010, the bank will make overdraft protection opt-in for all customers, post transactions to accounts as they occur, and eliminate fees when accounts are overdrawn by $5 or less. It will also reduce the maximum number of fees per day to three from six.

The changes will apply to all customer accounts, the spokeswoman said.

The banks' turnaround comes as credit card reforms passed earlier this year will soon limit banks' ability to raise fees and interest rates and require greater disclosure about costs. Banks also will have to give customers the choice to opt into over-the-limit programs for credit cards, which are similar to overdraft programs and charge consumers for spending beyond their credit limit.

The credit card law doesn't address debit cards, however, and banks can still automatically enroll cardholders into overdraft programs. Three-quarters of large banks have automated overdraft programs, according to a 2006 study by the Federal Deposit Insurance Corp.

Consumer advocates say automatic enrollment in overdraft programs is misleading, because most people assume they can only spend the money they have when using debit cards. But the programs have become an industry standard in the past several years, and a hefty source of revenue for banks.

However, Bank of America said that starting in June it will give consumers the choice to opt into overdraft programs when they sign up for an account. Other changes coming in June include:

_An annual limit for the number of times its customers can overdraw their accounts when making purchases with debit cards.

_Customers who are nearing the annual limit will be contacted by the bank and be provided "education and tools" to help them manage their budgets.

_Customers who reach the annual limit will have their overdraft ability restricted.

Initial overdraft fees at banks range from $16 to $36, according to a survey by the Consumer Federation of America conducted in March. Some banks also charge sustained fees if consumers fail to bring their accounts up to balance with a couple days; CFA says 10 of the 16 largest banks make such assessments.

___

AP Business Writer Daniel Wagner in Washington, D.C., contributed to this report.

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NEW YORK — As lawmakers prepare to implement sweeping credit card reforms, Bank of America Corp. and JPMorgan Chase & Co. are moving to overhaul overdraft fees and practices that have been criti...
NEW YORK — As lawmakers prepare to implement sweeping credit card reforms, Bank of America Corp. and JPMorgan Chase & Co. are moving to overhaul overdraft fees and practices that have been criti...
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01:39 AM on 11/13/2009
It's truly sad what these guys do. This isn't always a matter of being bad with money. I consider myself very good with keeping up with the terms and deposits in my account. With check cards and so on today things should become more efficient and streamline... yet the banks make things difficult just to nickel and dime customers. After reading this... I've got to cancel my savings account with them. I don't know how I got a fee for this account. Believe me they found a way to charge me $35 for something,
10:52 PM on 10/05/2009
no bank is too big to fail... take your money out tomorrow. Put it in a credit union. BofA has had this coming for LONG TIME. I have a monthly payment of $300 with them... of the 300, they take $200 a month in "finance charges". I WILL pay it off, because i was too stupid to read the fine print... but NEVER AGAIN.
01:41 AM on 11/13/2009
I think I might just take your advise. I've heard a lot of good things about Credit Unions... what are your experiences with them so far? Do they nickel and dime you over everything or is it smooth sailing?
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12:00 AM on 10/02/2009
so basically banks don't make money lending, (they lose it there) so they make up for it with 30% interest on credit cards, overdraft fees etc, and then hoard our cash in interest free checking accounts.

:When will banks stop calling themselves lending institutions and just start calling themselves what they are: casinos with huge rakes.

Don't forget to tip the teller oops dealer....
01:02 AM on 09/25/2009
"Building a new foundation for America". I've shown how to put millions per month back into pockets, economy and financial institutions while lower mortgage payments and eliminating debt. This is not a "cash out" plan. Remove the problem (cash) from the solution and the answer shows itself. The American people are the answer. This 9 minute video will change lives and turn this economy around! The "Consolidation refinance plan" is my plan and it proves itself. I will continue to do everything possible to put it into action. http://www.youtube.com/watch?v=PWi3NCzAW7g
Thank You for you time.
Blessings,
Jim Shaw
11:53 PM on 09/24/2009
Its about freaking time, I never understood why they never did this before. I am soooo happy because Bank of America has been robbing customers for far too long
08:06 AM on 09/24/2009
Oh, now they're interested in not being jackholes to their customers?

Don't care. Never doing business with them again.
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04:07 AM on 09/24/2009
When I was a programmer at a bank, I was surprised to learn how sloppy things were. I was also surprised to learn that they loved to collect fees based on overdrafts or late payments. There were special numerical buckets for these fees. It was a huge, important part of their bottom line.
10:40 PM on 09/23/2009
I went to my local B of A (Charlotte, NC)this morning to deposit some checks and to OPT-OUT of overdraft protection. I asked a teller that I wanted to opt-out of overdraft protection. She looked at me like I was crazy. I was then handed off to an account manager and was told repeatedly by the account manager that I was making a huge mistake and that the protection was there to protect me. She argued with me for several minutes, telling me that I have never overdrawn my account, so why would I choose to Opt out. I told her it was a moral thing for me. She took her time and called an outside number to speak to a representative. Then she handed the phone to me. A woman informed me that I was making a mistake and that I should think this through. Reason being, once I opt-out, I cannot opt back in. Then she put me on hold 3 times, each time taking more than 4 minutes. Then she read some disclosures.

In her last disclosure she said: "Even though you are requesting to opt-out, the decision to allow you to opt out is at the sole discretion of B of A, and could be denied. If your request is denied, you will not be able to appeal this decision."

These guys are thieves. The bottom line is....Don't use money you don't have.
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04:02 AM on 09/24/2009
This is outrageous. No -- it's infuriating.
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treat2day
Be Yourself. Everyone Else Is Taken
09:16 PM on 09/23/2009
WARNING

Debit cards used at some merchants swipe as a charged authorization and later for the actual purchase. Both items deducted from you account and could cause an overdraft. Beware of this trick.
01:44 AM on 11/13/2009
Oh yes this is the main trick in which they use to get fees from everyone... in every case possible. Use your accounts check cards as debit in all cases. This lets them know that you are the person making the charge (because you have to use your pin#). That way you don't get this surprise charge appearing that you made weeks ago because you did it as a credit. On the other hand I've started to pay for more and more things with just flat out cash. I'm taking it back to the ol' school.
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05:17 PM on 09/23/2009
Wait a minute... When I deposit a check for $1000 or more, the bank usually has me wait for a couple days until it's available in my account. I don't charge the bank for having me wait. However, the bank essentially demands that I pay if I overdraw my account.... immediately after I overdraw (e.g. I can't ask the bank to wait "a couple days" for me to deposit some funds). Sounds unfair to me. Legislate!
01:47 AM on 11/13/2009
Oh yeah you think that's interesting what about this concept? If you have a reoccurring direct deposit from your place of employment for example (hope you have one at least) why doesn't the bank get the money from that repeating deposit every two weeks. They know you are good for it!
03:45 PM on 09/23/2009
I was very happy with the way that Fleet Bank handled my accounts. One day Bank of America bought out Fleet Bank and I received a statement noting that I had $120 deducted from my vacation savings account because of insuffucuent funds. I went to the bank to straighten this out and was told that any transactions that took place while my account had less than $2000 in it was subject to a $40 penalty. They refused to refund the money even though the original account did not have these stringent conditions and said that I had received notice of the changes in the mail. I checked all of my statements and mailings over the past year and found no such notice. This was, according to the bank manager, a problem for the post office.
03:34 PM on 09/23/2009
On the local news this morning, the financial reporter in NY (affiliated with the local, but not employed by) said that he had recently racked up over $200 in overdraft charges on an account he didn't even know he still had open. I can only assume that there was a monthly fee on the account and when that fee had whittled away all the available cash in the account, it caused an overdraft. Then, he said, the overdraft fees, as each was applied, caused another overdraft fee until he got up to $200 overdrawn -- probably based on an initial $5 or $6 overdraft. In my opinion, fees should not be able to trigger overdrafts. I also protect myself from that by having all "free" checking accounts so at least I don't have to worry about monthly fees causing me to over draw, which did happen to me years ago when I was young and didn't know how to manage my checking account.
03:28 PM on 09/23/2009
I turned off overdraft "protection" on all my accounts at my credit union. As far as I'm concerned, overdraft "protection" is not protection it's encouragement to spend more than you have in the bank. If you were to do your business on a cash basis, you wouldn't be able to spend more than is in your pocketbook.

And those fees they talk about are if you spend money that's not in your accounts including the overdraft savings account attached to your checking account. If you do have money in the savings account, they still charge a fee (my credit union charges $6 per transaction) when you can do a manual transfer for free. It seems silly to me 1) to charge that fee, and 2) not to transfer the money yourself and avoid it.

I also try to keep a cushion of at least $50 in each of my three special-purpose checking accounts. That way I don't have to worry too much about the exact amount in my accounts, just what I have available based on my own calculations.
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Laserbeam
Nothing is permanent except change...
07:29 PM on 09/24/2009
Twopenny, that's not strictly true. The banks are allowed in my state to hold a deposit for two days - even a state-issued, automatic payroll deposit - while processing debits that are presented for payment AFTER the deposit was made. In this way, they can charge overdraft fees before crediting your paycheck.

I don't know what the laws are in other states, but that's the way it is here.
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denicci1977
35 yrs, female Georgia early voted 4 Obama2012!
02:31 PM on 09/23/2009
It should be illegal for a bank to hold people's money for a certain amount of days they set. When I deposit cash in my account, it should be available immediately especially if I go through a teller.
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applebutter
02:29 PM on 09/23/2009
We "inherited" B of A when LaSalle/ABN AMRO sold. My parents had been with LaSalle for years, and so had I, and then a joint account with my husband (I insisted; LaSalle Chicago was terrific).

We have personally had no problem with B of A, but I'm tired of reading about what crooks they are in the news. After a very trying personal experience with Indymac Bank several years ago, in which I lost my home of 15 years over tricky escrow language in their contract, I'm especially sensitive to corporatism and its power over people.

Today (just now) my fiance and I got the extra nudge we needed and decided to move most of our money and our direct deposits into a credit union nearby. We will have an atm card, but a 10 mile drive to the branch, which is worth it, considering. We weaned ourselves completely off credit cards, only using them for car rental 2-3x per year. We don't need big mortgage and big banks anymore, and it feels great. We have saved most of what each of us had been paying to creditors each month.

I will keep two checking accounts at B of A open; the ones I use to transfer money to my daughter, who is away at college. When she graduates in the spring, we'll be free of them.
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Joe Marshall
02:47 PM on 09/23/2009
Congrats applebutter...we did the same thing not because of problems with BOA as such but out of principle. We still ended up hundreds of dollars a month better off with the CU though. Lets start the movement here...tell all your friends of the bennefits of the CU.

Here's my story posted earlier...
We shut down all our BOA accounts and moved everything to our local credit union. Our savings rates are 50% higher than BOA and we refinanced our mortgage from BOA to the Credit Union when we just couldn't get BOA to produce a good deal. Our new mortgage payment is $450 less per month than it was with BOA (6.5% to 4.875% with no origination fees or other fancy fees). The fees and Bank of America and sun-trust were over $10K, the fees at the CU amounted to $2700 almost all of which was towards escrow and insurance. Just found the paperwork from BOA...$13,700 to close in fees alone. When we go to do business at the CU we are seen within seconds rather than the 35 -45 mins it took at BOA. I highly recommend people check out your local CU and take your money back local. The only thing I miss is the fancy website.
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Iccarus
The sky is my oyster
09:22 AM on 09/24/2009
Thanks for the info. I'm going to check into that. I don't have BOA mortgage but I do have a citi mortgage.