- Require consumers to opt in, or have a chance to opt out, of overdraft protection programs;
- Increase disclosure of fees and APR charges on overdraft loans;
- Require a warning when an electronic transaction may trigger an overdraft loan fee;
- Prohibit financial institutions from manipulating the order in which checks and other debits are posted if it causes more overdrafts and fees;
- Require proportional fees so that a fee for a nickel overdraft is lower than a fee for a $100 overdraft.
Legislation introduced in the House by N.Y. Democrat Rep. Carolyn Maloney, (H.R. 946, the Consumer Overdraft Protection Fair Practices Act), includes these provisions. Schumer says he’ll co-sponsor similar Senate legislation by Chris Dodd (D-Conn.), who chairs the Senate Banking Committee.
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