Author: Jeremy Clifton, CRCM, CAMS
The FDIC reissued the FIL on multiple re-presentment NSF fees on June 16, 2023. The update was “to clarify its supervisory approach for corrective action when a violation of law is identified.” However, the guidance document has remained unchanged for the most part with one possibly significant change noting that the “on-going and extensive challenges in accurately identifying harmed parties” has led the FDIC to seemingly soften its stance on requiring a lookback review. Noting that “based on this additional data and experience, the FDIC is updating and reissuing its Supervisory Guidance on Multiple Re-Presentment NSF Fees (FIL-40-2022) to reflect our current supervisory approach to not request an institution to conduct a lookback review absent a likelihood of substantial consumer harm.” While a reprieve from the prior guidance is welcomed, this new guidance leaves more questions than answers for banks that have yet to complete a lookback. As the revised guidance still ends with the statement, “If examiners identify violations of law due to re-presentment NSF fee practices that have not been self-identified and fully corrected prior to a consumer compliance examination, the FDIC will evaluate appropriate supervisory or enforcement actions, including civil money penalties and restitution, where appropriate.” If you have questions on this matter, please give us a call. We would love an opportunity to advise our clients on an individual basis to ensure the risks in your individual situation are properly accounted for.
Revised FIL-32-2023
The FDIC reissued the FIL on multiple re-presentment NSF fees on June 16, 2023. The update was “to clarify its supervisory approach for corrective action when a violation of law is identified.” However, the guidance document has remained unchanged for the most part with one possibly significant change noting that the “on-going and extensive challenges in accurately identifying harmed parties” has led the FDIC to seemingly soften its stance on requiring a lookback review. Noting that “based on this additional data and experience, the FDIC is updating and reissuing its Supervisory Guidance on Multiple Re-Presentment NSF Fees (FIL-40-2022) to reflect our current supervisory approach to not request an institution to conduct a lookback review absent a likelihood of substantial consumer harm.” While a reprieve from the prior guidance is welcomed, this new guidance leaves more questions than answers for banks that have yet to complete a lookback. As the revised guidance still ends with the statement, “If examiners identify violations of law due to re-presentment NSF fee practices that have not been self-identified and fully corrected prior to a consumer compliance examination, the FDIC will evaluate appropriate supervisory or enforcement actions, including civil money penalties and restitution, where appropriate.” If you have questions on this matter, please give us a call. We would love an opportunity to advise our clients on an individual basis to ensure the risks in your individual situation are properly accounted for.
Revised FIL-32-2023
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