Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure

This program has been cancelled

A live 90-minute premium CLE webinar with interactive Q&A

Wednesday, March 11, 2020 (in 11 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends impacting overdraft and return item fees. The panel will discuss steps that institutions can take to minimize regulatory and litigation risks.


Overdraft and return item fee policies and practices are undergoing a new wave of class action litigation challenges and regulatory scrutiny. Theories of liability vary, but the predominant themes are inadequate disclosure in account agreements and unfair and deceptive business practices (UDAP). Challenged practices include debit card “approve positive / settle negative,” “ledger balance v. available balance,” posting order, Regulation E opt-in, continuous or extended overdraft fees, and resubmission of NSF items.

Recent key developments in overdraft fee litigation include new lawsuits, instructive settlements, rulings on motions to dismiss, class certification rulings, post-Concepcion motions to compel arbitration, and rulings on federal preemption.

The Consumer Financial Protection Bureau (CFPB), FDIC and other regulators continue to scrutinize consumer fees charged by banks as they examine overdraft programs. Banks must stay apprised of applicable supervisory guidance and other regulatory developments.

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



  1. Update on overdraft fee class action lawsuits
  2. Regulatory developments
  3. Best practices for compliance and minimizing litigation exposure


The panel will review these and other vital questions:

  • What are the bank practices at issue in recent overdraft fee litigation?
  • What legal theories have been pursued in recent class action cases, and how have the courts ruled?
  • What are the hot button regulatory issues?
  • What should banks do to minimize regulatory and litigation exposure for their overdraft policies and practices?


Mulqueen, Matthew
Matthew S. (Matt) Mulqueen

Baker Donelson Bearman Caldwell & Berkowitz

Mr. Mulqueen strives to provide creative solutions to clients at every stage of litigation, including early resolution...  |  Read More

Ritchie, Lucus
Lucus A. Ritchie

Pierce Atwood

Mr. Ritchie is a partner in Pierce Atwood's Litigation Practice Group. His practice covers a wide variety of...  |  Read More

Wingfield, Alan
Alan D. Wingfield

Troutman Sanders

Mr. Wingfield is a partner in the firm’s consumer financial services practice, focusing on financial services...  |  Read More