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New York Enacts BNPL and Overdraft Fee Restrictions

By A.J. Dhaliwal, Mehul Madia & Beineng Zhang on May 22, 2025
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On May 9, the NYDFS announced that Governor Kathy Hochul signed New York’s FY2026 Budget into law, enacting two major consumer financial protection measures. The budget establishes a licensing and supervision framework for Buy Now Pay Later (BNPL) lenders operating in New York and supports NYDFS’s January 2025 proposal to cap overdraft fees and prohibit certain high-cost practices (previously discussed here). Key provisions of the budget include:

  • Licensing requirements for BNPL providers. Companies offering BNPL products must obtain a license and submit to regulatory oversight.
  • Standardized disclosures and fee limitations. BNPL lenders must provide clear terms regarding repayment and fees, and may only charge fees that comply with newly established limits.
  • Caps on overdraft fees. NYDFS’s proposed regulations would limit the maximum amount banks may charge for overdrafts.
  • Ban on serial daily fees. State-chartered banks would be prohibited from assessing multiple overdraft fees in a single day.
  • Posting order requirements. Banks must adopt consistent transaction processing practices to prevent fee manipulation.

Putting It Into Practice: New York’s FY26 budget continues the state’s push toward stricter regulation of consumer financial services amid reduced federal oversight, through a combination of legislation, supervision and enforcement (previously discussed here, here, and here). 

Photo of A.J. Dhaliwal A.J. Dhaliwal

A.J. is a partner in the Finance and Bankruptcy Practice Group in the firm’s Washington, D.C. office.

Read more about A.J. DhaliwalEmail
Photo of Mehul Madia Mehul Madia

Mehul Madia, special counsel in the firm’s Washington, D.C. office, provides deep consumer finance and fintech expertise to clients, leveraging more than 15 years’ of public and private sector experience.

Read more about Mehul MadiaEmail
Photo of Beineng Zhang Beineng Zhang

Beineng Zhang is an associate in the Finance and Bankruptcy Practice Group in the firm’s Orange County office.

Read more about Beineng ZhangEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance and Fintech Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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