Bank Overdraft Fee Litigation and Regulatory Developments

Lessons Learned from Recent Litigation and Settlements, Preparing for Increased Regulatory Scrutiny, and Minimizing Liability Exposure

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, July 18, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends affecting overdraft fees, including current initiatives by the CFPB. The panel will discuss steps that institutions should take to achieve regulatory compliance and minimize litigation exposure.


Overdraft fee policies and practices have been the subject of much litigation. Theories of liability vary, but the predominate theme is unfair and deceptive business practices. Challenged practices include resequencing, consumer opt-out rights, inadequate notice and misleading advertising.

Recent key developments in overdraft fee litigation include instructive settlements, dispositive rulings on motions to dismiss, class certification rulings and Rule 23(f) appeals, post-Concepcion motions to compel arbitration, and rulings on federal preemption.

The CFPB identified consumer fees charged by banks as a top priority and recently launched a comprehensive initiative to obtain comments and data from consumer groups and financial institutions as it examines overdraft protection programs. Lenders must stay apprised of the CFPB’s actions.

Listen as our authoritative panel of financial services practitioners discusses recent litigation and regulatory developments with respect to overdraft protection programs and how banks can achieve compliance and minimize litigation risks.



  1. Update on overdraft fee MDLs and class action lawsuits
    1. Theories of liability
    2. Dispositive motions
    3. Recent settlements
    4. Class certification and Rule 23(f) appeals
    5. Motions to compel arbitration
    6. Federal preemption rulings
  2. Regulatory developments
    1. CFPB initiatives
    2. FDIC guidance
  3. Best practices for compliance and minimizing litigation exposure


The panel will review these and other key questions:

  • What are the developments and approaches being utilized in overdraft fee litigation?
  • What is the basis for the CFPB’s authority to regulate overdraft fees and what can banks expect to see from the CFPB in the near future?
  • What should lenders do to minimize exposure to challenges over their overdraft protection policies and procedures?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Joseph L. Barloon
Joseph L. Barloon

Skadden Arps Slate Meagher & Flom

He represents a wide range of financial institutions in federal and state civil, criminal and enforcement agency...  |  Read More

Kenneth C. Johnston
Kenneth C. Johnston

Kane Russell Coleman & Logan

Mr. Johnston practices in the Financial Services, Litigation, Insolvency & Creditor Rights Practice Groups...  |  Read More

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