New Guidance on Overdraft Fees & Defenses Against Class Action Lawsuits

Overdraft fees are often in the news and are a common source of consumer complaints. Are you following best practices? Could you be vulnerable to a related class action lawsuit? Join this webinar to learn more about where regulators stand on this moving target.

After This Webinar You’ll Be Able To:

  • Understand how and when to properly disclose overdraft (OD) and returned item fees
  • Utilize the key principles identified by the FDIC in its new supervisory guidance on OD fees
  • Implement OD fee best practices at your institution
  • Take steps to avoid regulator criticism
  • Protect and defend your institution against potential class action lawsuits

Webinar Details
Overdraft fees continue to be intensely scrutinized by regulators. In August 2022, the FDIC issued a new Supervisory Guidance on Multiple Re-Presentment NSF Fees warning institutions about the serious consumer compliance risks associated with the assessment of multiple NSF fees arising from the re-presentment of the same unpaid item. In addition, this new guidance requires proper evaluation of whether any aspect of your OD fees and programs might constitute an unfair, deceptive, or abusive act or practice. As if that wasn’t enough, class action lawsuits involving OD fees have increased throughout the country resulting in substantial monetary settlements. This webinar will explain the current legal and regulatory requirements regarding OD fees, the FDIC’s approach to identifying a possible violation and determining when full corrective action will be required, and the recommended steps to defend your institution against class action lawsuits.

Who Should Attend?
This informative session is designed for all personnel that handle overdrafts, such as deposit operations staff, customer service representatives, officers, managers, compliance personnel, auditors, and attorneys.

Take-Away Toolkit

  • Recent FDIC Supervisory Guidance on Multiple Re-Presentment NSF Fees
  • Employee training log
  • Interactive quiz
  • PDF of slides and speaker’s contact info for follow-up questions
  • Attendance certificate provided to self-report CE credits

NOTE: All materials are subject to copyright. Transmission, retransmission, or republishing of any webinar to other institutions or those not employed by your agency is prohibited. Print materials may be copied for eligible participants only.


Elizabeth Fast, JD, CPA – Spencer Fane LLP

Elizabeth Fast is a partner with Spencer Fane Britt & Browne LLP where she specializes in the representation of financial institutions. Fast is the head of the firm’s training division. She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University. In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant. Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions.

Kersten Holzhueter, JD – Spencer Fane LLP

Kersten Holzhueter is a partner with Spencer Fane LLP and a full-service litigator for financial institutions. Her defense work involves class action lawsuits, including allegations of unfair, deceptive, or abusive acts or practices, and violations of the Uniform Commercial Code, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, Truth in Lending Act, Equal Credit Opportunity Act, and state consumer-protection statutes. Her breadth of experience as a financial services litigator has enabled her to counsel clients on how to avoid lawsuits.

Registration Options

  • $245 – Live Webinar Access
  • $245 – OnDemand Access + Digital Download
  • $350 – Both Live & On-Demand Access + Digital Download
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Oct 18 2022


2:00 pm - 3:30 pm



More Info