The Federal Deposit Insurance Corporation has rescinded its 2023 supervisory approach letter on FDIC-supervised institutions assessing multiple non-sufficient funds fees arising from the re-presentment of the same unpaid transaction. The rescission is effective immediately and applies to all FDIC-supervised financial institutions. The withdrawn letter, issued on June 16, 2023, had rescinded and replaced earlier guidance (FIL-40-2022). After reviewing FIL-32-2023, the FDIC concluded it was overly broad and had created uncertainty about when disclosures related to re-presentments could raise “unfairness” concerns under Section 5 of the Federal Trade Commission Act. The FDIC reiterated that supervised institutions should ensure consumer disclosures accurately reflect their practices and are provided in accordance with applicable laws, regulations, and other current legal requirements.
Federal Deposit Insurance Corporation 2026-04-10
Federal Deposit Insurance Corporation rescinds supervisory guidance on multiple re-presentment NSF fees
The Federal Deposit Insurance Corporation has rescinded its 2023 supervisory approach letter on multiple non-sufficient funds fees from re-presented unpaid transactions, effective immediately for all FDIC-supervised institutions. The agency found the letter overly broad and creating uncertainty regarding “unfairness” under Section 5 of the Federal Trade Commission Act, and reiterated that institutions must ensure consumer disclosures accurately reflect their practices and comply with applicable legal requirements.