CFPB Expands Crackdown on Overdraft Fees
January 19 2017 - 5:40PM
Dow Jones News
By Yuka Hayashi
WASHINGTON -- The federal consumer finance watchdog expanded its
crackdown on overdraft fees, suing a Minnesota-based bank Thursday
for allegedly luring customers into costly penalties by using
illegal marketing practices.
The lawsuit against TCF National Bank is part of a broader
campaign by the Consumer Financial Protection Bureau against
overdraft fees, a significant source of revenue for many banks and
credit unions and a drain on consumers, particularly those who live
paycheck to paycheck.
By announcing the suit one day before President-elect Donald
Trump takes office, the controversial agency -- a creation of the
Obama administration after the financial crisis -- also signaled
its intention to continue its aggressive law enforcement practices,
even as Republicans hope to curb its powers under the new
administration.
The CFPB has been in a rush to bring enforcement actions since
December, a move, according to experts, that reflects its desire to
cram in as much work as possible before the new Republican
administration comes in with an agenda to rein in the agency. On
Wednesday, it sued Navient Corp. , a student loan servicing giant,
for allegedly obstructing borrowers' repayments.
Both Navient and TCF issued strongly worded statements objecting
to the CFPB actions, indicating they hope for a more favorable
treatment under the new administration.
In recent years, federal regulators have pushed banks to rein in
overdraft services, which can be a convenient tool for many, but
imposes disproportionately heavy burdens on lower-income consumers
who overdraft frequently. A Federal Reserve rule that took effect
in 2010 prohibited banks from charging overdraft fees for ATM
withdrawals or most debit card transactions unless the consumer has
signed up for such services ahead of time. The CFPB is in an early
stage of writing a regulation to make it even harder to charge
overdraft fees, to banks' dismay.
At TCF, "hundreds of thousands" of customers used overdraft
services, the CFPB said.
The CFPB alleges that TCF designed its account application
process to obscure fees and make overdraft seem mandatory for new
customers to open accounts despite federal rules requiring banks to
receive customer consent before enrolling them into such programs.
Like many other banks, TCF charges about $35 in an overdraft fee
every time it makes a payment to cover the transaction when the
customer's account lacks sufficient funds.
TCF said in a statement it rejects the CFPB's claims. "We
believe we have strong, principled defenses to the CFPB's
complaint," the bank said, accusing the agency for relying on
unrepresentative data and mischaracterizing its practices.
The CFPB's complaint depicted far-reaching marketing efforts at
TCF encouraged by senior managers to steer customers into overdraft
programs, similar to the CFPB's allegations last year against sales
practices at Wells Fargo & Co. TCF's strategy included bonuses
paid to branch staff for getting a high number of customers to opt
in for overdraft services, with some managers imposing opt-in goals
for branch employees.
The CFPB alleged that TCF's strategy was so successful that by
mid-2014, two in three customers of the bank had opted in to
overdraft services, a rate more than triple that of other banks,
the CFPB said. Bill Cooper, a longtime chief executive who has
become chairman in 2015, even named his boat the "Overdraft" and
senior executives had parties to celebrate reaching milestones in
getting customers to opt in, the agency said.
"By linking opt-in rates with an employee's performance goals
instead of consumer preference, the bank instituted a culture of
pushing consumers into overdraft services," CFPB director Richard
Cordray said on a call with reporters.
Mr. Cordray said TCF also adopted a loose definition of
"consent" to opt in existing customers and pushed back on consumers
who challenged opting in.
Mr. Cordray attributed the bank's tactics to its hefty reliance
on revenues from overdraft fees in the absence of strong operations
in other products and services such as mortgages and credit
cards.
The lawsuit, filed with the U.S. District Court for the Middle
District of Pennsylvania, seeks redress to consumers, injunctive
relief to stop unlawful practices, and civil money penalties as
deemed appropriate, the CFPB said.
TCF National Bank, based in Wayzata, Minn., operates 360 retail
branches in seven states mostly in Midwest.
Write to Yuka Hayashi at yuka.hayashi@wsj.com
(END) Dow Jones Newswires
January 19, 2017 17:25 ET (22:25 GMT)
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