In this episode of The Consumer Finance Podcast, Chris Willis, Heryka Knoespel, and Lori Sommerfield discuss overdraft and deposit account fees as they continue to dive into the CFPB’s guidance withdrawal. They highlight the regulatory and litigation impacts of the rescinded guidance and its impact on banks and financial institutions, particularly in terms of compliance burdens and fee income, while also weighing potential reputational risks and operational challenges that may arise if policy changes follow the CFPB’s withdrawn guidance. This episode also emphasizes the importance of financial institutions being prepared to defend against lawsuits, specifically those related to Regulation E and affirmative consent.

Transcript: Regulatory Rollback: Impact of the CFPB’s Withdrawal of Overdraft and Deposit Account Fee Guidance on Financial Institutions and Related Litigation Risks (PDF)

Photo of Chris Willis Chris Willis

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending…

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

Photo of Heryka Knoespel Heryka Knoespel

Heryka is a first-chair litigator who guides clients through pre-filing disputes, litigation, investigations, enforcement, and regulatory matters. She is experienced across a variety of sectors, and particularly in financial services and fintech. Heryka represents clients in federal, state, and administrative courts throughout all…

Heryka is a first-chair litigator who guides clients through pre-filing disputes, litigation, investigations, enforcement, and regulatory matters. She is experienced across a variety of sectors, and particularly in financial services and fintech. Heryka represents clients in federal, state, and administrative courts throughout all procedural phases, including dispositive motions and trials.

Photo of Lori Sommerfield Lori Sommerfield

With over two decades of consumer financial services experience in federal government, in-house, and private practice settings, and a specialty in fair lending regulatory compliance, Lori counsels clients in supervisory issues, examinations, investigations, and enforcement actions.