Brigette Honaker  |  August 16, 2018

Category: Consumer News

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Due to confusing overdraft protection disclosure information, consumers who have opted in to overdraft protection may be paying more than the service is worth, according to the Consumer Financial Protection Bureau.

An overdraft fee occurs when a consumer attempts to complete a transaction but lacks the funds in their accounts. If this occurs, and a consumer has not opted into overdraft protection, the transaction with be denied. Overdraft protection programs offered by banks allow these transactions to clear, despite the lack of funds. When a bank pays the transaction anyways, the customer is charged a fee, typically around $34. Overdraft protection disclosure makes consumers aware of the options.

Although overdraft protection programs allow consumers to overdraft their account, new reports suggest that consumers who regularly overdraft their checking accounts regularly pay around $450 more in fees than if they had not opted in. These fees charged to frequent overdraft protection users reportedly comprises 79 percent of all charged overdraft fees. Those who overdraft their accounts frequently also have lower credit scores and lower end of day balances, according to a study of over 40 million consumer checking accounts.

Regulatory bodies suspect that part of the huge amount of overdraft charged filed every year may have to do with confusing overdraft protection disclosure. In August 2017, the Consumer Financial Protection Bureau (CFPB) revealed their new “Know Before You Owe” prototypes to help create a trend of transparency in overdraft protection disclosure requirements.

“Our study shows that financially vulnerable consumers who opt in to overdraft risk incurring a rash of fees when using their debit card or an ATM,” said then-CFPB Director Richard Cordray. “Our new Know Before You Owe overdraft disclosure prototypes are designed to help consumers better understand the consequences of the opt-in decision.”

The “Know Before You Owe” prototypes are one-page model forms designed to streamline the information that banks provide. CFPB hopes that these models will allow consumers to better understand overdraft protection disclosure information, so they can make more informed financial choices. CFPB also hopes that “Know Before You Know” prototypes can help banks streamline their overdraft protection disclosure process.

“These updated prototypes, if adopted, could also make it easier to provide customers with the disclosure form. The CFPB would make any new Know Before You Owe model overdraft form available on its website. Institutions would be able to plug their specific program information into the online form and then quickly download it for free,” the CFPB release states. “This new approach could make it seamless for banks and credit unions to use a new model from within their existing compliance systems, and easier to update their disclosures following future overdraft program changes.”

Understanding overdraft protection disclosure information can help consumers make an informed choice and potentially avoid hundreds of dollars in fees every year. However, if you have already been charged unfair overdraft fees or been subject to deceptive practices, such as the reordering of transactions, you may be eligible for legal action. An overdraft fee lawsuit could help recover compensation for fees and damages for potential violation of consumer protection laws.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. Some of the banks and credit unions being investigated include, but are not limited to:

  • HSBC Bank
  • UMB Bank
  • State Employees Credit Union
  • Pentagon Federal Credit Union
  • Boeing Employees Credit Union
  • Alliant Credit Union
  • Star One Credit Union
  • First Technology Federal Credit Union
  • America First Credit Union
  • American Airlines Federal Credit Union
  • Alaska USA Federal Credit Union
  • Vystar Credit Union
  • Citizens Equity First Credit Union
  • Teachers Federal Credit Union
  • ESL Federal Credit Union
  • Patelco Credit Union
  • DFCU Financial Credit Union

The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Join a Free Bank & Credit Union Overdraft Fee Class Action Lawsuit Investigation

If your bank and credit union has engaged in deceptive overdraft fee practices, you may have a legal claim. Fill out the form on this page now to find out if you qualify!

An attorney will contact you if you qualify to discuss the details of your potential case.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

In order to properly investigate overdraft fee claims, you may be required to disclose bank statements to overdraft fee attorneys. Please note that any such information will be kept private and confidential.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.