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Exception Tracking Spreadsheet (TicklerTrax™)
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OD and NSF fee rule proposals on Bureau's agenda

A proposed rule to change the Regulation Z exemption of overdraft fees from the definition of finance charges could be on the horizon, based on the CFPB's Fall 2023 Regulatory Agenda. The agenda lists a potential December 2023 Notice of Proposed Rulemaking (NPRM) on the topic, and indicates that the CFPB is considering developing proposed amendments to Regulation Z with respect to the special rules on OD fees that were included by the Federal Reserve Board in 1969.

The Bureau also includes a potential December 2023 NRPM on Fees for Insufficient Funds on the agenda with a December 2023 target date.

Also listed on the agenda in proposed rule stage are the CFPB's proposed rulemaking on Personal Financial Data Rights, a proposal on Mortgage Servicing, a proposal on Supervision of Larger Participants in Consumer Payment Markets, and a proposal on Financial Data Transparency.

Included on the Agenda in the Final Rule stage are amendments to FIRREA Concerning Automated Valuation Models (target date June 2024), a rule on Property Assessed Clean Energy (PACE) Financing (October 2024), a rule to establish a Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders (March 2024), a rule establishing a Registry of Supervised Nonbanks that use Form Contracts with Terms Seeking to Waive or Limit Consumer Legal Protections (March 2024), and the CFPB's proposed rule on Credit Card Penalty Fees (December 2023).

The target dates on federal agency rulemaking agendas are tentative, and are often inaccurate, and the status of the actions listed can change.

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