Multiple Re-Presentment NSF Fees
Back in June 2023, you may recall that the FDIC issued Guidance outlining their supervisory approach to charging multiple non-sufficient (NSF) fees on the same transaction…once when it was returned unpaid and again when it was represented for payment.
On April 10th, the FDIC rescinded this Guidance effective immediately. The FDIC pointed out that …that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in “unfairness” concerns under Section 5 of the Federal Trade Commission Act (aka UDAAP).
Despite this rescission, institutions must still ensure they “do what they say and say what they do”. In other words, that …disclosures to consumers accurately reflect their practices and are provided in accordance with applicable laws, regulations, and other current legal requirements. Failing to do so could still put institutions in hot water with regard to UDAAP. It’s also important to point out that this rescission has no bearing on any civil liability risk (class-action lawsuits, etc.).
Published 2026/04/14
Amy Kudlacek
Amy brings many years of banking and compliance experience to Banker’s Compliance Consulting. She has worked for both large and small financial institutions and spent time working in every area of a bank. She started out as a teller in college and eventually became a branch manager. Her love, however, was always compliance. Amy began her career with Banker’s Compliance Consulting in 2000. Her knowledge and experiences have allowed her to develop a well-rounded and practical approach to regulatory compliance. Amy is CRCM certified, has a Bachelors Degree in Business Administration and is a graduate of the ABA Compliance School. Amy & her husband have two children at home and stay busy following their activities. They spend a lot of time in the bleachers!