Consumer Financial Protection Circular 2022-06: Unanticipated Overdraft Fee Assessment Practices, 87 Fed. Reg. 66,935 (Nov. 7, 2022)

The Consumer Financial Protection Bureau (Bureau or CFPB) has issued Consumer Financial Protection Circular 2022–06, titled, ‘‘Unanticipated Overdraft Fee Assessment Practices.’’ In this Circular, the Bureau responds to the question, ‘‘Can the assessment of overdraft fees constitute an unfair act or practice under the Consumer Financial Protection Act (CFPA), even if the entity complies with the Truth in Lending Act (TILA) and Regulation Z, and the Electronic Fund Transfer Act (EFTA) and Regulation E?’’