Bureau Tells Banks to Offer Overdraft-Free Accounts, Sends Warning on Reporting

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On February 3, 2016, the Consumer Financial Protection Bureau (CFPB or “Bureau”) announced a series of steps designed to improve consumer access to checking accounts by (a) encouraging banks and credit unions to make available and widely market “lower-risk accounts that help consumers avoid overdrafts”; (b) warning banks and credit unions that failure to meet accuracy obligations when reporting negative checking account histories to consumer reporting agencies (CRAs) could result in Bureau actions; and (c) providing consumers with several consumer guides to help them navigate the deposit account system. The announcements included a press release, prepared remarks of CFPB Director Richard Cordray at a field hearing on checking account access, a letter to the CEOs of the top 25 retail banks in the United States, a compliance bulletin, and three consumer guides. Additionally, the CFPB published a blog post to distribute its consumer guides, as well as sample letters consumers may use to contact banks, credit unions, or deposit account reporting companies with disputes regarding allegedly inaccurate information.

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