Republican Lawmakers Move to Overturn Biden Administration’s Overdraft Fee Cap Rule

Republican lawmakers are taking aim at a major consumer protection rule from the Biden administration, pushing to overturn a $5 cap on bank overdraft fees that was set to take effect this October. House Financial Services Committee Chairman French Hill (R-AR) and Senate Banking Committee Chairman Tim Scott (R-SC) have introduced a resolution to repeal the regulation, arguing that it interferes with financial institutions’ ability to manage risk and offer services.

The Consumer Financial Protection Bureau (CFPB) finalized the rule in December, limiting overdraft fees to either $5 per transaction or an amount that reflects the actual cost to banks and credit unions. The rule applies to financial institutions with at least $10 billion in assets and was part of the Biden administration’s broader crackdown on “junk fees”—excessive or hidden charges that increase costs for consumers.

The CFPB has long criticized overdraft fees as a major burden on lower-income Americans, pointing out that banks collected billions in these fees annually. The agency reported that the average overdraft fee is $35, significantly higher than the new cap. The goal of the rule was to prevent excessive charges that disproportionately impact those living paycheck to paycheck.

Hill and Scott argue that overdraft fees serve an essential purpose, helping banks cover the risk of processing transactions when an account lacks sufficient funds. They believe that capping fees at $5 disrupts the balance between financial responsibility and banking services.