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Overdraft Protection Expires: No More Overdraft Fees Without Opting-In

Overdraft Protection

Huffington Post   First Posted: 08/16/10 02:40 AM ET Updated: 05/25/11 06:20 PM ET

The era of the $35 cup of coffee has come to an end, for most.

Unless a consumer chooses to opt-in for overdraft protection, their ATM and debit purchases will be declined if an account has insufficient funds. Prior to Sunday, banks could automatically enroll their customers in the service, which covers the point-of-sale transaction but can result in steep penalties. Shoppers at the counter might turn red with embarrassment when their purchase is refused, but the alternative is for their account to go further into the red -- with fees up to $35 for each swipe of the card.

When added to the cost of a 99-cent taco, $35.99 doesn't exactly fit on the value menu. Just last week, a federal judge accused Wells Fargo of "profiteering" by employing overdraft policies that led customers to pay multiple fees. The bank was ordered to return $203 million to its customers. However, Wells Fargo intends to appeal and several other banks have indicated that they will not change their policy of processing the day's largest transactions first (as opposed to chronological order), which increases the likelihood of multiple small transactions incurring overdraft fees.

But if customers don't have overdraft protection anymore, the banks can't collect.

Banks were prohibited from automatically adding new customers to overdraft protection programs starting on July 1. The latest Federal Reserve rule goes a step further by dropping the service for existing customers who never asked for it. Newsweek reports that banks have aggressively encouraged their customers to stay enrolled:

In the days leading up to Sunday, nearly anyone with a bank account has likely received mailings, emails, phone calls, ATM screen prompts and an in-branch hard-sell to keep them in these programs, a lucrative source of revenue for banks of all sizes. Don't expect the cajoling to stop any time soon, as banks keep up a full-court press post deadline to reclaim those who opted out, either by choice or inaction.

In July, the National Foundation for Credit Counseling did an online survey (PDF) which found that 26% of their 2,089 respondents planned to opt-in for the protection.

For the remaining three-quarters of those wielding plastic at the checkout line, there are plenty of other ways to manage your finances. Among the NFCC's suggested alternatives to overdraft protection:

  • Keep your check register current, recording all withdrawals and balancing often. Be sure to notate all ATM and debit card transactions along with any paper checks written on your account.
  • Link your checking account to your savings account. In case of an overdraft, the money will be automatically taken from your savings with little or no fee attached.
  • Pad your checking account by carrying a balance that you will not likely exceed. Most people spend a similar amount each month. If possible, keep an extra100 in your checking account to cover unplanned expenses.
  • Utilize technology. If your financial institution offers it, sign up for email or text alerts that notify you when your balance is low.
  • Reach out to your creditors. If payment due dates do not coincide with paydays, contact your creditor and request a due date change. You may have to pay a little extra interest to cover the gap for the first month, but over time this step should help to organize your finances.
  • Get help managing your finances. Reach out to an NFCC Member Agency by going online to www.DebtAdvice.org, or to be automatically connected to the Agency closest to you, call (800) 388-2227. For assistance in Spanish dial (800) 682-9832.

CNN Money took a look at whether the protection could be useful for consumers, and also has some ideas on how to avoid problems with overdrafts and fees.

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The era of the $35 cup of coffee has come to an end, for most. Unless a consumer chooses to opt-in for overdraft protection, their ATM and debit purchases will be declined if an account has insuffi...
The era of the $35 cup of coffee has come to an end, for most. Unless a consumer chooses to opt-in for overdraft protection, their ATM and debit purchases will be declined if an account has insuffi...
 
 
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This user has chosen to opt out of the Badges program
02:22 PM on 08/20/2010
The banks will eventually be forced to change those fees, and to refund hundreds of millions of dollars plus damages.

Here's why: "fiduciary duty."

When you write a check, the check is a "negotiable order." It is your instruction to the bank to "Pay To The Order Of."

Your bank acts as your fiduciary agent, tasked with carrying out the instructions given.

One of the base principles of law is that a fiduciary may not conduct his business in a way that is adverse to the party to whom he owes his fiduciary duty. Instead, he has a positive obligation to act "as that party himself would." No one, in conducting their own affairs for their own benefit, would choose to act in a way that is harmful, injurious, or disadvantageous to himself. (Duh.) Therefore, a fiduciary agent MAY NOT do otherwise. An agent is forbidden by law to use his position as an agent to his own undue advantage.

Even if the fiduciary produces a supposed "agreement" to the contrary, or says it is their "policy," it doesn't hold water.

This is especially true in the case of a financial institution, who obviously has a somewhat privileged and advantaged position. You HAVE to deal with a bank. Therefore, a bank has special opportunity to take advantage of this "compulsory relationship." And that's why it is especially forbidden.

I hope the banks know that their crime-spree is about to very-abruptly end.
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HUFFPOST SUPER USER
cosmiCataclysm
04:55 PM on 08/18/2010
In the past, I had requested that my card simply be declined when I didn't have money in the account. The bank lied and told me it was impossible. On a few occasions, the bank would even let minor purchases ($1-5) go through before my direct paycheck deposit just so they could take 2 or 3 overdraft charges from me (think 30 bucks for a hamburger). They would then make me beg to have one of them removed. They'd do that favor for me.
10:46 PM on 08/17/2010
A note about bullet-point number 5, suggesting arranging with creditors to change the due-date for one's account: A few years ago I got into a major war with utility companies because they refused to make such adjustments. They had changed their billing policies to spread their billing receipts through the month, arbitrarily putting districts of customers into time period categories. Although all customer accounts were in their computer, so billing dates could easily be adjusted, they refused to bother to do so.
This may be an area legislation may be needed next.
This user has chosen to opt out of the Badges program
02:14 AM on 08/17/2010
A bank guy on TV defended the processing of the day's largest transactions first by claiming that this is what customers want. He said this with a straight face.
When you defend slime you have to come up with something, I guess.
This user has chosen to opt out of the Badges program
02:24 PM on 08/20/2010
These folks right now are utterly confident that programs of massive bribery will continue to work, just because they always have.
12:55 AM on 08/17/2010
Banks are fee'ing us to death. Credit card interest rates are exorbitant. Loan sharks once charged the kind of rates banks can charge legally. The consumer can be blamed for using a card, but the banks spend millions on ploys to get consumers hooked on credit. Why is a reasonable interest rate not good enough?
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HUFFPOST SUPER USER
Rooster Coburn
Less Gov't + More Responsibility = A Better World
12:57 PM on 08/17/2010
What would seem "reasonable" to you?
12:11 AM on 08/17/2010
This article in song form: http://www.youtube.com/watch?v=8uIom64McZY&feature=player_embedded
11:42 PM on 08/16/2010
Wells Fargo and other large banks are actively digging graves for their consumer banking divisions.

http://dismallyscientific.blogspot.com/2010/08/wells-fargo-not-your-community-bank-to.html
This user has chosen to opt out of the Badges program
10:53 PM on 08/16/2010
Is there anyone out there who would trust their money to a bank right now if we didn't have FDIC protection? I wouldn't. Look at my savings rate. .015% I just paid $125 annually to open an account to earn .05% in an FDIC insured money market. But the Big Five (formerly a swarm of Guinea Pig PIrates are high fivin' it gamblng in their 97% share of their derivatives market, and they think we should make them/us whole when they blow it up again. And Bernanke thinks he can shove us into stocks and Wall Street's other bad baloeny they need to push.with this trick. Hmmmmm. Dream on nut crackers! Squirrelin' is the only way to play.
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HUFFPOST SUPER USER
isee61
~Marine Mom~ and proud of it!
10:10 PM on 08/16/2010
Who in their right mind would sign up or opt in to get RIPPED OFF?
09:44 PM on 08/16/2010
How embarrassing for someone who eats or drinks and then is REJECTED by the CC company
This user has chosen to opt out of the Badges program
10:42 PM on 08/16/2010
I guess the depth of embarassment is the depth of one's wallet. I for one, have a savings account that is debited in increments to answer andy overdraft for free. If you don't like embarassment, try saving your self some.
This user has chosen to opt out of the Badges program
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10:48 PM on 08/16/2010
I'd rather be embarrassed than ripped off.
02:15 AM on 08/17/2010
Agreed.
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HUFFPOST SUPER USER
Amishguy
I'm not really Amish.
09:32 PM on 08/16/2010
As someone who has been hit with hundreds of dollars of these fees I am very happy that this has gone in to effect.

This alone is worth Obama's election!

While all of you are right, they will find new ways to screw us this is a small win for us...the people. Its certainly more than any of the other presidents in my lifetime have given us.
09:46 PM on 08/16/2010
sounds like your part of the liberal dem party. everything is free!! Can't wait till you eat a meal and then the CC is turned down THEN what
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HUFFPOST SUPER USER
isee61
~Marine Mom~ and proud of it!
10:16 PM on 08/16/2010
Before the greed bug hit the banking industries, this was the norm. If you didn't have the money in your account or CC the purchase was rejected.

The bank thought that if the didn't reject the purchase, they could literally all the way to the bank, so to speak, and thus over the limit fees came to be.
This user has chosen to opt out of the Badges program
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10:46 PM on 08/16/2010
Big whoop—In the days of yore, people who found they couldn't pay a restaurant tab would leave collateral until they could run home to get the cash, and barring that, they would stay to wash dishes.

Inconvenient, perhaps, but not a rip-off like the overdraft "protection" the banks offer us.
This user has chosen to opt out of the Badges program
10:28 PM on 08/16/2010
I've also paid hundreds of dollars in these fees, which were exorbitant, but it was my own negligence for not keeping track of how much was in my account.
This user has chosen to opt out of the Badges program
10:36 PM on 08/16/2010
That's because it is in their interest that no one really examines their cash flow and their debts and income. Just keep your eye on the minimum balances and full speed ahead in your leveraged home, right into a wall.

I can easily see how easy it is to get waylaid by sudden increases in rates and fines out the yingyang. But that is pecisely what they intended to do. Blow us up and then escape in their hot air CDO balloons like the wizards they are.
06:08 PM on 08/16/2010
Credit Unions must go by a different set of rules. They told me I would be charged a over draft fee, if I swipped my card and got declined, if I opted in or out. the only difference would be they would pay the transaction if you opted-in
06:59 PM on 08/16/2010
This is absolutely true! AFTRA SAG Credit Union charges a $20 fee for each swipe that you have insufficient funds, IF you do not "opt in" for overdraft coverage. So they make $20 and don't pay for the item. Seems like the Credit Unions are making money and now they don't have to pay anything. This new law does nothing to help consumers.
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lemealone
It will take more than condiments to foil my brill
07:48 PM on 08/16/2010
once again, only the consumer can help the consumer. Not O or the dems.
Butquestioning
Searching for truth
05:57 PM on 08/16/2010
So, it's Saturday night and you would like to do something impulsive, like go to a movie or to the Theater and you go to your local ATM to get some cash and find your balance is not sufficient to allow the withdrawal. You are declined. Options??? If the Payday lender is open you can pay a triple digit fee to get some extra cash or you can go to a relative and see if you can borrow something...or you can stay home. In the past, you would have taken the money out on Saturday, gone out and then made a deposit on Monday before the transaction from the weekend had a chance to post and overdraw the account. No fees would have been charged if you could have done that but the choice was yours...without opting in, you have few options if the need for money comes up. The ultimate responsiblity is the account holder's to know their balance and handle the account appropriately but if they choose to overdraw the account, then the cost for the service is their choice... We like to blame our lack of responsibility on others and that takes restricts my rights to make choices for me. This is another consumer protection that is aimed at helping those that don't want to be held accountable for anything...so we ahve to deal with all the changes and go thru the processes that most are accepting to do anyway.
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raphaelbonee
The snake was right "the gods lie"
05:35 PM on 08/16/2010
So where's the applause for Obama. Millions of americans are being saved money, the banks are rightfully taking million dollar hits, the darkness has been pushed back just a little ... and no applause.
06:52 PM on 08/16/2010
Hold your applause. I went to the AFTRA SAG Credit Union and told them that I would not "opt in" for the overdraft protection. I told them that thanks to Obama I wouldn't have to pay them any more fees! BUT....it turns out that the AFTRA SAG Credit Union charges me $20 and doesn't pay for my items if I use my Debit Card and don't have the funds. That is $20 for each swipe. So I am still paying $20 and not even getting my item.

I will be the first to applaud the President when there is actual change rather than just lip service.
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raphaelbonee
The snake was right "the gods lie"
07:16 PM on 08/16/2010
Why is your credit union exempt?

About a week ago I was called into my bank and asked whether I wanted the overdraft protection. I had already gone in and signed a paper saying no ... I guess they wanted a second shot at changing my mind.

The protection they offered was that if my charge would go over my account balance and there was a pending deposit or I came in with cash on the same day they would not charge me for going over. I told them my account was tied to my savings so I would not need overdraft protection.

He said something about a 4 dollar a month savings charge and I asked "yea ... how do I get rid of that". His face look like he'd swallowed sour milk ... then he said if 25 dollars were direct deposited into the savings account every month then there was no savings account charge of 4 dollars.

Now my account is overdraft protected by my own savings for free. A small win ... but a win nonetheless.
09:47 PM on 08/16/2010
if you have been charged sounds like your a LOSER
HUFFPOST SUPER USER
Peter Drucker
04:43 PM on 08/16/2010
What we need is a BAILOUT for those who cannot balance their accounts.