If you have had a checking account for any length of time, you more than likely have received an overdraft fee at one point or another. The fees, which banks charge when your account is short of funds, can run upwards of $30 or more. But not for much longer.
Hammered by bad press and poor public opinion ratings, banks have submitted to a new federal law that will restrict overdraft activity on consumer checking accounts. Below, BankShout highlights some of the main points of the new law, which takes effect on July 1, 2010, including:
- Transactions affected
- ‘Opt-Out’ Letter
- Effects for consumers
The main thing that people need to know about the new overdraft protection law is what transactions are affected. Only ATM withdrawals and debit card purchases (like when you use your check card as credit or debit) are addressed by the new law. In other words, banks will still be able to charge you overdraft fees for bounced checks or automatic bill-payments that overdraw your account.
At some point, you should have received a letter from your bank regarding the new law. If you don’t respond to it, the bank will assume that you are opting out of overdraft protection (this is a key change from the normal industry practice, when financial institutions assumed everyone was opting-in to overdraft policies, unless a customer stated otherwise).
So what are the effects for consumers? Well, obviously you won’t have to worry about getting numerous overdraft fees for many small debit purchases; it had been standard practice by many banks to post items in order of amount, meaning for instance that your rent or mortgage check cleared first, then if your account was overdrawn each small debit purchase would rack up its own separate overdraft fee.
That will end. Yet your debit card can now be refused as well. Confusion over when deposits become available for withdrawal can mean that bank customers could be “shut off” from using their debit card until a bank sorts out deposit posting and clears other items.
Overall, of course, the new law has no real effect on people who balance their check books after each transaction anyway. That is likely a dwindling minority indeed, so most folks should take note of how the new Overdraft law might affect them.


Kevin Fleming founded the CreditShout Network in 2008 to help people manage their credit and finances. Kevin wants to make it easy for anyone, regardless of their level of financial knowledge to understand banking and what may seem like the complex world of personal finance.


August 2nd, 2010 at 4:09 pm
Regarding the new overdraft protection law: My son just got hit w/ $500 in fees in July. I went to the Bank (US Bank) and they said they have until August 15th and won’t reduce the charges $35 per. Have the banks been given an extension? Thanks
August 19th, 2010 at 11:36 am
They must have been Richard. I myself opened an account with Bank Of America not too long ago, and I made it clear when I signed up I did NOT want overdraft protection. Next thing I know, they’ve hit me with 2 different $35 fees, plus now an extended overdraft. When I called to fight the fees, I was told that “they are under the assumption that I want the protection unless I opted out”. Unfortunately, I was never sent an opt-out form….not until after they had hit me with the fees, and sent me a form notifying me of the fees, and giving me the option to finally opt out.
August 26th, 2010 at 5:25 pm
So how does US Bank have the right to charge a$33 overdraft fee from my savings account? I had errored and transfered from my savings account to my checking … twice instead of once
all on the same day. What the heck! Is that legal? I have banked 9 years with them and have never had an over draft.
September 2nd, 2010 at 6:35 am
Richard, the July date applies to new accounts, with the August date applying to existing accounts.
September 25th, 2010 at 11:45 am
I’ve banked with BofA for over 20 years. Now that they’ve become heartless, crooks, I’m dumpimg them soon.
They pick and choose the rules that best suits their needs.
When my rent check wasn’t cleared, which cost me $35.00 in overdraft fees, + $25.00 late fee and $25.00 NSF.They had always cleared these checks, but told me they chose not to this time.
September 29th, 2010 at 9:04 am
When I opened my account, the overdraft protection was automatic. Then I was sent in July the opt in papers and of course if you dont complete them, you are automatically opted out. Long story short, we had whole slew of overdraft fees go through. I tried to get the bank to refund them since I didnt opt in and they wont. Where do I go from here?
January 11th, 2011 at 9:33 pm
I echo Kelly here.
Same situation.
Now what??!
February 5th, 2011 at 10:27 pm
Sounds like these stories all come from Bank of America . . . Something is fishy here.