Navigating CFPB Regulation of Bank Overdraft Fees

April 2022

Partners Ryan Scarborough, Jesse Smallwood, and counsel Richard Olderman are the co-authors of “Navigating CFPB Regulation of Bank Overdraft Fees,” published by Bloomberg Law in their March 2022 edition of Professional Perspective. The article discusses the current regulatory environment with respect to bank overdraft fees, recent court decisions in cases challenging current bank overdraft practices, the reaction of banks to the Consumer Financial Protection Bureau’s (“CFPB”) renewed interest in this area, and measures financial institutions can take to reduce their exposure.

Ryan Scarborough has litigated against the CFPB, the Federal Deposit Insurance Corporation (“FDIC”), the Federal Reserve, the Office of the Comptroller of the Currency (“OCC”), the Federal Housing Finance Agency (“FHFA”), and other financial regulatory agencies. Ryan is ranked by Benchmark Litigation and has been recognized by The Legal 500 for his work in handling Financial Services litigation, which describes him as an “[o]utstanding attorney and strategic thinker” and praises him for his “calming approach.”

Jesse Smallwood’s practice focuses on complex civil litigation, with an emphasis on cases involving financial products and transactions.  Jesse has experience in a range of substantive areas, including securities law, commercial disputes, class actions, antitrust law, and bankruptcy law, and he has handled cases in federal and state courts and in arbitration proceedings across the United States.  He has also represented clients in criminal and regulatory investigations before the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), and state attorneys general, among others.

Richard Olderman began his career as an attorney with the Federal Trade Commission (“FTC”) where he was involved in a variety of antitrust and consumer protection issues, including questions of shared monopoly and alleged unfair and deceptive practices. He then worked at the Justice Department where he represented the United States on issues ranging from the constitutionality of various acts of Congress to regulatory challenges to government programs, and represented all the Executive Branch agencies and departments before the federal courts of appeals.

Click here to read the article.

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