U.S. Senate Chamber. Credit: Architect of the Capitol.

In a 52-48 vote Thursday, the U.S. Senate passed a Congressional Review Act (CRA) resolution to overturn the CFPB rule capping overdraft fees at $5 for the largest financial institutions, handing another blow to the agency and sparking division across the financial sector.

The CFPB’s rule, finalized in December 2024, would have applied only to institutions with more than $10 billion in assets, excluding most credit unions. The agency estimated the rule could save consumers $5 billion annually. However, critics, including the Defense Credit Union Council (DCUC), argued the policy was overly broad and risked unintended harm to credit union members.

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“We thank Chairman Tim Scott for his leadership in bringing this critical reform to the CFPB’s flawed overdraft fee rule,” DCUC President/CEO Anthony Hernandez said. “This resolution affirms that when regulatory agencies exceed their authority or impose policies that harm consumers, Congress must intervene.”

In a letter sent earlier this week, DCUC warned that the CFPB’s approach “jeopardizes the sustainability” of overdraft services and “penalizes the entire financial sector indiscriminately,” failing to distinguish between responsible institutions, like credit unions and large, profit-driven banks.

The CFPB’s rule had exempted smaller credit unions, but DCUC expressed concern that even indirect effects, such as increased compliance pressures or reduced flexibility, could impair credit unions’ ability to serve military families and underserved communities.

“The imposition of a $5 cap on overdraft fees disregards the operational realities of financial institutions,” DCUC wrote to Senate leaders, noting that restrictions could lead to higher non-sufficient funds penalties or fewer safety net options for members.

Of the Senate vote, President/CEO of America's Credit Unions, Jim Nussle, said, “America's Credit Unions supports using all tools available to pull back any overreach of the CFPB's statutory authority. The bureau's overdraft rule is a solution in search of a problem, an attempt to eliminate a product deemed 'unsuitable' by Washington bureaucrats but vital to many credit unions' members. Credit unions are the original consumer protectors that are serving forgotten communities across the country. We appreciate the Senate's action to stop regulatory overreach and preserve necessary financial products and services for hard working Americans."

The resolution now moves to the House, where a companion bill has already advanced through committee. The debate pits supporters of regulatory relief for community institutions against consumer advocates who argue that overturning the rule rewards big banks at the expense of vulnerable households.

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Michael Ogden

Editor-in-Chief at CU Times. To connect, email at [email protected]. As Editor-in-Chief of CU Times since 2016, Michael Ogden has led the editorial team in all aspects of content strategy and execution, including the creation of the publication’s exclusive and proprietary research database of the credit union industry’s economic landscape. Under Michael’s leadership, CU Times has successfully shifted to an all-digital editorial product with new focuses on the payments, fraud, lending and regulatory beats. Most recently, he introduced a data-focused editorial product for subscribers that breaks down credit union issues into hard data, allowing for a deeper and more factual narrative for readers. In 2024, he launched the "Shared Accounts With CU Times" podcast, which offers a fresh, inside-the-newsroom perspective through interviews with leaders from the credit union industry and the regulatory world. He dives into pressing credit union issues, while revealing the personalities working behind-the-scenes to push the credit union world forward. His background includes years as a radio and TV anchor/reporter and a public relations and digital/social media manager, where he covered the food and music industries, as well as cooperatives and credit unions. Over the years, he has launched numerous exclusive video and podcast series, including a successful series of interactive backstage interviews with musicians at music festivals, showcasing his social media and live streaming production skills.