Reg E (R 1343) NFRM P.R.

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Press Release

Release Date: November 12, 2009
For immediate release
The Federal Reserve Board on Thursday announced final rules that prohibit financial institutions
from charging consumers fees for paying overdrafts on automated teller machine (ATM) and onetime debit card transactions, unless a consumer consents, or opts in, to the overdraft service for those
types of transactions.
Before opting in, the consumer must be provided a notice that explains the financial institution's
overdraft services, including the fees associated with the service, and the consumer's choices. The
final rules, along with a model opt-in notice, are issued under Regulation E, which implements the
Electronic Fund Transfer Act.
"The final overdraft rules represent an important step forward in consumer protection," said Federal
Reserve Chairman Ben S. Bernanke. "Both new and existing account holders will be able to make
informed decisions about whether to sign up for an overdraft service."
The Board's consumer testing shows that most consumers prefer not to be enrolled in overdraft
services for ATM and one-time debit card transactions unless they affirmatively consent, or opt in.
At the same time, testing shows that most consumers want overdraft services to cover important
bills, such as checks they use to pay rent, utilities, and telephone bills.
To ensure that consumers have a meaningful choice, the final rules prohibit financial institutions
from discriminating against consumers who do not opt in. The final rules require institutions to
provide consumers who do not opt in with the same account terms, conditions, and features
(including pricing) that they provide to consumers who do opt in. For consumers who do not opt in,
the institution would be prohibited from charging overdraft fees for any overdrafts it pays on ATM
and one-time debit card transactions.
"Overdraft fees can be costly," said Governor Elizabeth A. Duke, the chair of the Board's Committee
on Consumer and Community Affairs. "Our rule will help consumers better understand the terms and
conditions of overdraft services and will give them an opportunity to avoid fees when these services
do not meet their needs."
The Federal Register notice is attached. The final rules are effective July 1, 2010.
Federal Register notice: Regulation E final rule (322 KB PDF)
Regulation E Highlights document (17 KB PDF)
Model Form A-9 (37 KB PDF)
Design and Testing of Overdraft Disclosures: Phase Two (811 KB PDF)

http://www.federalreserve.gov/newsevents/press/bcreg/20091112a.htm

11/12/2009