Bill113th Congress

H.R. 1261

Overdraft Protection Act of 2013

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Introduced
Mar 19, 2013
Origin Chamber
House
Policy Area
Finance and Financial Sector
Latest Action
Mar 19, 2013

Sponsor

Rep. Maloney, Carolyn B. [D-NY-12]

Democrat·NY-12
Bioguide ID: M000087
First Name: CAROLYN
Middle Name: B.
Last Name: MALONEY
By Request: N
46
Cosponsors
1
Committees
4
Actions
0
Amendments
0
Related Bills
8
Subjects
1
Summaries
3
Titles
1
Text Versions

Bill Details

Update Date
Nov 15, 2022
Origin Chamber
House
Bill Type
HR
Bill Number
1,261
Congress
113
Introduced Date
Mar 19, 2013
Policy Area
Finance and Financial Sector
Is Law
No
Mar 19, 2013IntroReferralH11100

Referred to the House Committee on Financial Services.

Source: House floor actions

Mar 19, 2013IntroReferralB00100

Sponsor introductory remarks on measure. (CR E335-336)

Source: Library of Congress

Mar 19, 2013IntroReferralIntro-H

Introduced in House

Source: Library of Congress

Mar 19, 2013IntroReferral1000

Introduced in House

Source: Library of Congress

Introduced in House· Mar 19, 20130

Overdraft Protection Act of 2013 - Amends the Truth in Lending Act to prohibit a depository institution from engaging in unfair or deceptive acts or practices in connection with overdraft coverage, or in acts designed to evade the provisions of this Act.

Requires each depository institution that provides overdraft coverage for transaction accounts clearly and conspicuously to disclose overdraft coverage fees and that, if a consumer does not opt-in to such overdraft coverage: (1) the consumer's transaction may be declined if there are insufficient funds in the related transaction account, and (2) the consumer will not be charged a fee if such transaction is declined.

Subjects to the consumer's written, electronic, or other consent overdraft coverage fees in connection with use of an automatic teller machine (ATM) or point of sale transaction.

Requires a depository institution to provide specified consumer disclosures regarding its overdraft protection program, including: (1) periodic statements for any transaction account that has an overdraft coverage program feature, (2) prompt notification of the account's overdraft status, and (3) the overdraft coverage fee as an annual percentage rate (APR), permitting consumers to compare meaningfully the overdraft coverage to alternative forms of overdraft options and other sources of credit.

Prescribes overdraft coverage fee limits.

Prohibits an overdraft coverage fee if the overdraft results solely from a debit hold amount that exceeds the actual dollar amount of the transaction.

Requires a depository institution to provide consumers who have not consented to participate in an overdraft coverage program transaction accounts with the same terms as those provided to consumers who have consented to participate in such program.

Prohibits a depository institution from charging a non-sufficient fund fee for any ATM or debit card transaction.

Prohibits a depository institution from reporting negative information regarding consumer use of overdraft coverage to any consumer reporting agency when the overdraft amounts and coverage fees are paid under the terms of an overdraft coverage program.

Directs the Consumer Financial Protection Bureau (CFPB) to study whether consumers are being subjected to abusive practices with respect to prepaid card overdraft coverage.

Financial Services Committee

House· Standing
Administrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulationConsumer Financial Protection BureauConsumer affairsConsumer creditMarketing and advertisingUser charges and fees

Introduced in House

Mar 19, 2013