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Mitigating Supervisory and Litigation Risk for NSF Fees

Regulators continue to scrutinize overdraft fees and overdraft protection programs. In August 2022, the FDIC issued a new Supervisory Guidance on Multiple Re-Presentment NSF Fees, which outlined the agency’s thoughts on “consumer compliance risks associated with assessing multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction.” Even before the FDIC issued this publication, consumer attorneys were filing class action lawsuits across the country challenging OD and NSF fees. The FDIC’s newest publication will embolden those attorneys to file even more cases. This webinar will explain the theories asserted in the class action lawsuits and recommended steps for defending against those claims.

Kersten Holzhueter, Partner, Spencer Fane
Bryant Lamer, Partner, Spencer Fane
4/25/2023 9:00 AM - 10:30 AM

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