New Guidance on Overdraft Fees & Defenses Against Class Action Lawsuits

On-Demand Webinar
StreamedOct 18, 2022Duration90 minutes
  • Unlimited & shareable access starting two business days after live stream
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  • Take-away toolkit
  • Ability to download webinar video
  • Presenter's contact info for questions
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Overdraft fees are often in the news and are a common source of consumer complaints. Are you following best practices?

Could you be vulnerable to a related class action lawsuit?  Join this webinar to learn more about where regulators stand on this moving target.
  • Understand how and when to properly disclose overdraft (OD) and returned item fees
  • Utilize the key principles identified by the FDIC in its new supervisory guidance on OD fees
  • Implement OD fee best practices at your institution
  • Take steps to avoid regulator criticism
  • Protect and defend your institution against potential class action lawsuits


Overdraft fees continue to be intensely scrutinized by regulators.  In August 2022, the FDIC issued a new Supervisory Guidance on Multiple Re-Presentment NSF Fees warning institutions about the serious consumer compliance risks associated with the assessment of multiple NSF fees arising from the re-presentment of the same unpaid item. In addition, this new guidance requires proper evaluation of whether any aspect of your OD fees and programs might constitute an unfair, deceptive, or abusive act or practice.  As if that wasn’t enough, class action lawsuits involving OD fees have increased throughout the country resulting in substantial monetary settlements.  This webinar will explain the current legal and regulatory requirements regarding OD fees, the FDIC’s approach to identifying a possible violation and determining when full corrective action will be required, and the recommended steps to defend your institution against class action lawsuits.


This informative session is designed for all personnel that handle overdrafts, such as deposit operations staff, customer service representatives, officers, managers, compliance personnel, auditors, and attorneys.


  • Recent FDIC Supervisory Guidance on Multiple Re-Presentment NSF Fees
  • Employee training log
  • Interactive quiz
  • PDF of slides and speaker’s contact info for follow-up questions
  • Attendance certificate provided to self-report CE credits

 All materials are subject to copyright. Transmission, retransmission, or republishing of any webinar to other institutions or those not employed by your agency is prohibited. Print materials may be copied for eligible participants only.


"The information was on point. Speakers provided clear examples of the trouble spots and offered strategies to overcome them."
- Mary, Texas Gulf Bank

"The webinar was very detailed and contained both suggestions for institutions moving forward and cautions about current trends and issues for banks to watch for and hopefully avoid."
- Tara, Welch State Bank

Presented By

Elizabeth Fast, JD & CPAElizabeth Fast
Spencer Fane LLP
HolzhueterKerstenKersten Holzhueter
Spencer Fane LLP