CFPB Moves Overdraft Rules to Back Burner

The CFPB has moved its controversial plan to issue rules governing overdrafts to the back burner, the agency said in the Spring update of its regulatory agenda.

Acting CFPB Director Mick Mulvaney said he has reclassified as “inactive” certain rulemakings that had been listed in previous agendas, adding he expects a permanent director will make decisions on those issues.

That includes any proposals on overdrafts.

“This change in designation is not intended to signal a substantive decision on the merits of the projects,” the agency said.

The CFPB, under former Director Richard Cordray, issued prototype overdraft statements that simply were suggestions for financial institutions to use. The agency said at the time it was considering issuing rules governing overdrafts.

At the time, credit union trade groups urged the bureau to carefully study the issue, adding that the agency did not include credit unions in an examination it conducted.

“Credit unions offer overdraft programs as a convenience and accommodation to their members,” CUNA said at the time, adding, “Further, we encourage the CFPB to continue to study overdraft, so it can gain a better understanding of the benefits consumers derive from this product, and the differences between the overdraft products offered by credit unions and other financial institutions.”

NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt said, “Credit unions actively provide different services to fit the daily needs of their membership, whether it be small-dollar loans, overdraft protection services or other account services.”

In the agenda, the CFPB noted it has requested public comment on many of the agency’s functions, and that those comments will be reflected in future agency rulemakings.

The CFPB also said the debt collection market continues to be a top source of complaints filed with the bureau. The agency said it is preparing a proposed rule focusing on the Fair Debt Collection Practices Act that may deal with such issues as communication practices and consumer disclosures.