Business
Overdraft fees would be slashed under new Biden administration rule. What you need to know
If your bank account regularly flirts with negative balances, or you’re just bad at keeping track of your debit card swipes, you’ve probably felt the sting of one of the banking industry’s favorite charges: overdraft fees.
Thanks to a rule finalized Thursday by the federal Consumer Financial Protection Bureau, those fees could drop sharply next year — provided the rule isn’t overturned by Congress or the courts before it goes into effect Oct. 1.
U.S. banks and credit unions opposed the rule, and four of their trade groups filed suit to block it hours after the final rule was announced. One of the groups, the American Bankers Assn., asserted the rule will prompt banks to offer less overdraft protection, which prevents overdrawn checks from bouncing and debit card transactions from being declined.
That protection comes at a price, though, in the form of overdraft fees of about $27 each time a customer withdraws more than their checking account could bear, Bankrate.com reported in August. Last year, according to the CFPB, banks collected about $5.8 billion worth of fees for overdrafts and non-sufficient funds — that is, when a check bounces or a payment is declined.
The CFPB rule is one of several efforts by the Biden administration to attack the estimated $90 billion collected annually in “junk” fees, or hidden charges that have no relation to the costs incurred. Others include a CFPB rule to cut late fees on credit card payments, a Transportation Department rule limiting fees on airline tickets and a Federal Trade Commission proposal taking broad aim at fees charged by ticketing companies, hotels and other service providers.
Under the overdraft rule, large banks and credit unions would have three options when setting fees: They could charge an amount based on the cost of the service, including losses from it; they could charge $5 per overdraft; or they could charge an amount that would generate a profit, but only if they disclosed the interest rate and other terms in advance and sent periodic statements to customers. The third option treats overdraft protection as a form of short-term lending, which technically it is.
Banks and credit unions with $10 billion or less in assets are exempt from the rule.
According to the CFPB, overdraft protection began decades ago as a courtesy that banks offered to customers who had to wait days for paper checks to clear. But as debit cards became more prevalent, banks and credit unions started generating significant profits from those charges. In California, state data show that some credit unions generate more than half their net income from overdraft fees.
A view of the U.S. Consumer Financial Protection Bureau in Washington, D.C., on April 3, 2021.
(Graeme Sloan / Associated Press)
Consumer advocates have been pushing for limits on “predatory” overdraft fees for decades. The fees are coming “overwhelmingly from low-income and a little bit from moderate-income consumers,” who are “by and large living paycheck to paycheck,” said Robert Herrell, executive director of the Consumer Federation of California. “That’s what we find just wholly unacceptable.”
The CFPB has found that less than 10% of consumers pay nearly 80% of the fees, incurring 10 or more charges a year. Since the pandemic began in 2020, though, banks’ revenue from those fees and “non-sufficient funds” charges — incurred when a bank refuses to cover an overdraft — has dropped sharply, partly because of regulators’ scrutiny.
All the same, the bureau estimates that the rule could save consumers up to $5 billion a year, or $225 per household that incurs overdraft fees.
“In practice, overdraft fees have functioned as high-cost credit, so it only makes sense to regulate excessive fees as such,” said Mike Litt, director of the Public Interest Research Group’s consumer campaign. “The CFPB’s rule makes overdraft fees more reasonable and in line with the actual costs to banks.”
The bankers association was not so sanguine, saying the bureau should have held off until the Trump administration takes over. In former President Trump’s first term, his appointees at the CFPB vastly scaled back its rulemaking efforts.
“By taking this action, the Bureau has once again chosen to prioritize demonizing highly regulated and transparent bank fees over its mission to help consumers,” Rob Nichols, president and chief executive of the American Bankers Assn., said in a statement. “This rule, and the government price controls that accompany it, will make it significantly harder for banks to offer this valuable service to their customers, including those who have few other options to cover essential payments.”
Treasury Secretary Janet Yellen speaks to American Bankers Assn. President and Chief Executive Rob Nichols on March 21, 2023.
(Manuel Balce Ceneta / Associated Press)
Nichols said Americans have made it clear in surveys that they don’t want overdraft protection to go away. He also argued that the bureau didn’t have the legal authority to cap the price of overdraft fees, adding that the rule “should not be allowed to go into effect.”
Nadine Chabrier, senior policy and litigation counsel at the Center for Responsible Lending, responded that banks can continue offering overdraft protection as a form of credit, but they’ll have to comply with the same rules that apply to other types of credit. According to Chabrier, the new rule keeps pace with the change in overdraft protection as paper checks have been replaced with instant debits.
The lawsuit from the banks and credit unions, which was filed in Mississippi, claims the CFPB exceeded its statutory authority in applying the federal Truth in Lending Act to overdraft protection services. It also argues that several key aspects of the rule are arbitrary and capricious, and asks the court to declare the rule illegal in its entirety.
Another test for the CFPB rule is likely to be from the Republican-controlled Congress. Under the Congressional Review Act, members will have 60 days after the rule is formally submitted to introduce a resolution to disapprove it. The resolution cannot be filibustered, and needs just a simple majority in the House and Senate to pass.
Other protections previously adopted by the CFPB will remain in place regardless of what happens to the new rule. An important one is that consumers must opt in to overdraft protection, so they will know that overdrafts will be allowed — but will carry a fee. Another is guidance issued in 2022 instructing banks not to process debit-card transactions and deposits in an order that would generate unexpected overdrafts.
California lawmakers enacted two measures this year to provide further protection for consumers against overdraft and non-sufficient funds fees. Senate Bill 1075 limits state-chartered banks and credit unions from charging overdraft fees larger than the amount set by the CFPB or $14, whichever is lower. If the CFPB’s rule is blocked, that law will continue to apply to state-chartered institutions.
Another law, Assembly Bill 2017, bars state-chartered banks and credit unions from charging non-sufficient funds fees on debit-card transactions that are declined because the account is overdrawn.
Business
Disney to pay $2.75 million to settle alleged violations of the California Consumer Privacy Act
Walt Disney Co. will pay $2.75 million to settle allegations that it violated the California Consumer Privacy Act by not fully complying with consumers’ requests to opt out of data sharing on its streaming services, the state attorney general’s office said Wednesday.
The Burbank media and entertainment company allegedly restricted the extent of opt-out requests, including complying with users’ petitions only on the device or streaming services they processed it from, or stopping the sharing of consumers’ personal data through Disney’s advertising platform but not those of specific ad-tech companies whose code was embedded on Disney websites and apps, the attorney general’s office said.
In addition to the fine, the settlement, which is subject to court approval, will require Disney to enact a “consumer-friendly, easy to execute” process that allows users to opt-out of the sale or sharing of their data with as few steps as possible, according to court documents.
“Consumers shouldn’t have to go to infinity and beyond to assert their privacy rights,” Atty. Gen. Rob Bonta said in a statement. “In California, asking a business to stop selling your data should not be complicated or cumbersome.”
A Disney spokesperson said in a statement that the company “continues to invest significant resources to set the standard for responsible and transparent data practices across our streaming services.”
“As technology and media continue to evolve, protecting the privacy and preserving the experience of Californians and fans everywhere remains a longstanding priority for Disney,” the spokesperson said.
The settlement with Disney stemmed from a 2024 investigation by the attorney general’s office into streaming devices and apps for alleged violations of the California Consumer Privacy Act, which governs the collection of consumers’ personal data by businesses.
Under the law, businesses that sell or share personal data for targeted advertising must give users the right to opt-out.
Disney’s $2.75-million payment is the largest such settlement under the state privacy act, Bonta’s office said.
The attorney general has also reached settlements with companies such as beauty retailer Sephora, food delivery app DoorDash and SlingTV for alleged violations of the privacy act.
Business
L.A. wildfire victims would get mortgage relief under new bill
Victims of last year’s wildfires in Los Angeles County who were unable to get mortgage relief under a state law enacted last year would get another chance with a stronger bill introduced Wednesday.
The legislation, AB 1847, by Assemblymember John Harabedian (D-Pasadena), would triple to 36 months the 12 months of mortgage relief offered by last year’s AB 238, while allowing borrowers to repay the money through a deferral that extends the mortgage.
Also authored by Harabedian, AB 238 prohibited mortgage lenders and servicers from requiring borrowers to pay back any forbearance in a lump sum, but it otherwise did not specify repayment terms. It also banned late fees, foreclosures and negative reports to credit bureaus.
Borrowers told The Times that they had difficulty getting any relief and when they did, they were told if they didn’t want to pay it back in a lump sum, they would have to agree to a loan modification that could raise their interest rate.
Like AB 238, the relief can only be obtained if allowed by the underlying mortgage contract.
However, Harabedian said that most of the contracts and guidelines of Fannie Mae and Freddie Mac — the government-sponsored organizations that hold or guarantee the majority of U.S. mortgages — do not bar loan deferrals.
“I think some people were being offered forbearance that, frankly, didn’t comply with 238 when it should have,” he said. “They weren’t given any sort of election or flexibility on how they would repay so we’re trying to perfect it now.”
Harabedian said most of the problems borrowers are facing appear to be due to companies that service mortgages on behalf of lenders, while large institutions such as Bank of America have been more generous.
The Charlotte, N.C., financial institution in December started offering 36 months of mortgage relief to its borrowers without a change to the interest rate.
Another key AB 238 amendment is the extension of relief from 12 to 36 months, which borrowers seek in 90-day increments. The deadline for applying for relief would be extended to Jan. 7, 2029.
Harabedian said 36-months of relief are necessary as it will take many homeowners years to fix and rebuild their homes after the fires in Altadena, Pacific Palisades and nearby communities, which killed at least 31 people and damaged or destroyed more than 18,000 homes.
“This extension tries to align with the full rebuild process that survivors are going to endure, and make sure that from the start of it till the end of it, they’re not under financial distress that would cause them to abandon their communities,” he said.
Len Kendall, who lost his home in Pacific Palisades, said that while he welcomed the legislation, he is still uncertain how it might affect him, including his terms of repayment.
“There’s going to have to be follow up to make sure these these servicers and lenders actually abide by the laws, because there’s no one really holding them accountable at the moment,” he said.
Last month, Gov. Gavin Newsom said in a press release that the Department of Financial Protection and Innovation has received 233 mortgage forbearance complaints, with 92% resolved in the consumer’s favor.
However, Kendall said that the agency closed his complaint even though his mortgage servicer had requested a lump sum and his repayment plan remains up in the air.
The agency told him in a letter reviewed by The Times that it “cannot intervene on behalf of individual consumers in any particular case” and that it “brings consumer protection actions when we find patterns of deception, misrepresentation or unfair business practices of statewide interest.”
A spokesperson for the agency said it worked with Kendall to ensure he received “appropriate” forbearance relief and considers the matter resolved.
He added the department is monitoring compliance with AB 238 but so far has not announced any enforcement actions against lenders or servicers.
Harabedian introduced a second bill Wednesday that would provide for mortgage forbearance statewide for homeowners whose residences are uninhabitable after a state of emergency declared by the governor or federal government.
The California Emergency Mortgage Relief Act, AB 1842, requires mortgage servicers to file a monthly report with the DFPI about the number of forbearance requests they receive during a declared emergency and how many were approved and denied, including the reason for denial.
The bill also allows a borrower to bring a civil action against a mortgage servicer for violations of the law.
The AB 238 amendments, if signed into law, would take effect immediately.
Harabedian’s office worked with the California Bankers Assn. and the California Mortgage Bankers Assn. in developing AB 238. The lawmaker said he not sure if they will support the extension of mortgage relief.
“We look forward to reviewing it with our members and working constructively with stakeholders as we have consistently done. The banking industry proactively provided relief to wildfire victims, and this effort pre-dated legislative action,” said Yvette Ernst, spokesperson for the California Bankers Assn.
The California Mortgage Bankers Assn. said it also was reviewing the legislation.
Business
Instagram boss defends app from witness stand in trial over alleged harms to kids
A Los Angeles County Superior Court judge threatened to throw grieving mothers out of court Wednesday if they couldn’t stop crying during testimony from Instagram boss Adam Mosseri, who took the stand to defend his company’s app against allegations the product is harmful to children.
The social media addiction case is considered a bellwether that could shape the fate of thousands of other pending lawsuits, transforming the legal landscape for some of the world’s most powerful companies.
For many in the gallery, it was a chance to sit face to face with a man they hold responsible for their children’s deaths. Bereaved parents waited outside the Spring Street courthouse overnight in the rain for a place in the gallery, some breaking into sobs as he spoke.
“I can’t do this,” wept mom Lori Schott, whose daughter Annalee died by suicide after a years-long struggle with what she described as social media addiction. “I’m shaking, I couldn’t stop. It just destroyed her.”
Judge Carolyn B. Kuhl warned she would boot the moms if they could not contain their weeping.
“If there’s a violation of that order from me, I will remove you from the court,” the judge said.
Mosseri, by contrast, appeared cool and collected on the stand, wearing thick wire-framed glasses and a navy suit.
“It’s not good for the company over the long run to make decisions that profit us but are poor for people’s well-being,” he said during a combative exchange with attorney Mark Lanier, who represents the young woman at the center of the closely watched trial. “That’s eventually going to be very problematic for the company.”
Lanier’s client, a Chico, Calif., woman referred to as Kaley G.M., said she became addicted to social media as a grade-schooler, and charges that YouTube and Instagram were designed to hook young users and keep them trapped on the platforms. Two other defendants, TikTok and Snap, settled out of court.
Attorneys for the tech titans hit back, saying in opening statements Monday and Tuesday that Kaley’s troubled home life and her fractious relationship with her family were to blame for her suffering, not the platforms.
They also sought to discredit social media addiction as a concept, while trying to cast doubt on Kaley’s claim to the diagnosis.
“I think it’s important to differentiate between clinical addiction and problematic use,” Mosseri said Wednesday. “Sometimes we use addiction to refer to things more casually.”
On Wednesday, Meta attorney Phyllis Jones asked Mosseri directly whether Instagram targeted teenagers for profit.
“We make less money from teens than from any other demographic on the app,” Mosseri said. “We make much more the older you get.”
Meta Chief Executive Mark Zuckerberg is expected to take the witness stand next week.
Kaley’s suit is being tried as a test case for a much larger group of actions in California state court. A similar — and similarly massive — set of federal suits are proceeding in parallel through California’s Northern District.
Mosseri’s appearance in Los Angeles on Wednesday follows a stinging legal blow in San Francisco earlier this week, where U.S. District Judge Yvonne Gonzalez Rogers blocked a plea by the tech giants to avoid their first trial there.
That trial — another bellwether involving a suit by Breathitt County School District in Kentucky — is now set to begin in San Francisco in June, after the judge denied companies’ motion for summary judgment. Defendants in both sets of suits have said the actions should be thrown out under a powerful 1996 law called Section 230 that shields internet publishers from liability for user content.
On Wednesday morning, Lanier hammered Mosseri over the controversial beauty filters that debuted on Instagram’s Stories function in 2019, showing an email chain in which Mosseri appeared to resist a ban on filters that mimicked plastic surgery.
Such filters have been linked by some research to the deepening mental health crisis in girls and young women, whose suicide rates have surged in recent years.
They have also been shown to drive eating disorders — by far the deadliest psychiatric illnesses — in teens. Those disorders continue to overwhelm providers years after other pandemic-era mental health crises have ebbed.
Earlier research linking social media and harms to young women was referenced in the November 2019 email chain reviewed in court Wednesday, in which one Instagram executive noted the filters “live on Instagram” and were “primarily used by teen girls.”
“There’s always a trade-off between safety and speech,” Mosseri said of the filters. “We’re trying to be as safe as possible but also censor as little as possible.”
The company briefly banned effects that “cannot be mimicked by makeup” and then walked the decision back amid fears Instagram would lose market share to less scrupulous actors.
“Mark [Zuckerberg] decided that the right balance was to focus on not allowing filters that promoted plastic surgery, but not those that did not,” Mosseri said. “I was never worried about this affecting our stock price.”
For Schott, seeing those decisions unfold almost a year to the day before her daughter’s death was too much to bear.
“They made that decision and they made that decision and they made that decision again — and my daughter’s dead in 2020,” she said. “How much more could that match? Timeline, days, decisions? Bam, she was dead.”
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