overdraft fees

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I went through this a few years ago. I deposited a check right before a holiday weekend at an ATM and they didn't clear the check for ten days - even though my online account already showed it as cleared. This is what debit cards do now: They let you take money out that isn't there.

They charged me $35 for every single one of my debit card transactions (it came to more than $400). When I called my bank's customer service hotline, they told me it was in my service agreement that it could take 10 days to clear something deposited at a "foreign" ATM - even though they all belonged to the same STAR network. I argued with them, but they wouldn't budge.

So I called their corporate communications officer, told them I was writing a story about my experience (noting I'd found a class-action suit filed against them for this very thing) and asked for an official statement to include in my piece. Magically, my charges disappeared and I got an apology. "You've been a customer for such a long time, we'll make an exception this time," I was told.

Isn't America great?

Controversial bank account fees, which have fattened banks' bottom lines at the expense of vulnerable consumers, are rapidly becoming a black eye for the industry.

Under siege are the fees charged to consumers who spend more than they have in their accounts, whether by check, debit card or at the ATM.

Last week, four of the nation's largest banks said they would scale back some of their overdraft policies. Their efforts, while meaningful, have failed to appease lawmakers, including powerful Senate Banking Committee Chair Chris Dodd, D-Conn., who is preparing legislation to crack down on what he calls a pattern of "abusive" practices.

At first glance, banks' practices seem reasonable enough: Overdraw your account, and the bank will cover the transaction — for a fee. The problem is, most banks don't ask consumers if they want their transactions automatically paid. In recent years, as banks realized how lucrative these fees can be, they've made it easier for consumers to overdraw their accounts, to the tune of $36.7 billion in revenue last year, USA TODAY research has found.

Banks have done this by covering debit card transactions as small as $1 and charging a fee as high as $35. Some also charge fees before consumers overdraw by deducting a purchase when it's made, instead of when it clears. And they've processed transactions from highest to lowest dollar amount — which empties consumers' accounts quicker and triggers more overdrafts.

Ironically, the changes banks have made to their overdraft policies are only fueling calls to reform the entire industry. Overdraft coverage can be less regulated and cost more than other high-cost (and equally criticized) options, including payday loans, in an estimated $70 billion short-term credit market. On average, consumers will pay a fee of $26.68 every time they overdraw their account, according to data from Moebs Services, an economic research firm. That means that if consumers overdraw by $100, they'd pay an annual percentage rate (APR) of 696%, if the credit is paid back in two weeks, according to a USA TODAY analysis. This compares with an APR of 450% on a $100 payday loan with an average fee of $17.25.

"When consumers (overdraw) recurrently, it is a credit product, and they're paying eye-popping rates," says Sheila Bair, Federal Deposit Insurance Corp. chair, who is pushing for banks to get consumers' permission before covering overdrafts, for a fee, and to disclose APRs.



Michael Moore Smears Chris Dodd

I haven't seen Michael Moore's new movie, but Howie Klein has, and while he praises it, he excoriates Moore for dredging up the discredited Chris Dodd Countrywide story, which has been picked over to death, with nobody finding any impropriety.

First, everyone who has seriously looked at the claims of a sweetheart deal has dismissed them: the Senate Ethics Committee; an independent compliance firm; the (not exactly Dodd-loving) Hartford Courant. And not once, but twice.

This is not the definition of the word "is." The man got a mortgage. He was told that he would get enhanced customer service, and assumed it was because of his good credit score. He got the exact same mortgage rate that anyone else buying a mortgage at the time would have gotten. He didn't know the CEO of Countrywide, nor anything about a Friends of the CEO program [...]

Why does this feel like, in the interest of being able to sit on Leno and say, "I went after Democrats too!," Moore passed up the real story here? It would have been really powerful if he made the connection between the bullshit allegations about Dodd and the banking industry desperately wanting to put the breaks on important housing and foreclosure legislation that Dodd was championing in the Senate at that very moment. Well, mission accomplished assholes, excuse me, the Sheriff is here to foreclose on my house (is it possible its the same one from Roger and Me? Oh, the irony) [...]

All in all, still love Moore, still want everyone to see the movie, but kind of wish he hadn't decided to jump ugly with one of the most progressive Senators in the Senate -- the guy responsible for the Family and Medical Leave Act, the Credit CARD Act, who voted for cramdown, worked to make that disaster of a bankruptcy bill better, then voted against it twice, voted for a 15% cap on interest rates, and is co-sponsoring another cap that is likely to come up again, is a leader on direct-student-loan reform, is in favor of a consumer financial protection agency and stripping the fed of some of its regulatory authority, and just last week introduced legislation to reign in the diabolical overdraft fee practice-- all stuff, if you are keeping score, which Moore clearly wasn't, that banks would rather paint a hammer and sickle on their walls than accept! I wish Moore hadn't got played like a three dollar harmonica. He should donate the 10 grand to Dodd's campaign.

It appears that the premise of Moore's film is that banking interests have taken over the government and prevented any meaningful regulation on the industry. Dodd's case can be an example of that, but not in the way Moore thinks. The banking lobby has consistently kneecapped him, with old charges that have a Whitewater quality to them, with all the same innuendo and the same lack of factual detail, right at the moments when Dodd was trying to get things passed to crack down on them. Dodd could have given away the Banking Committee Chair to completely-in-the-pocket Tim Johnson, but he didn't. And in the last few days, Dodd has introduced the aforementioned legislation to end the practice of banks charging overdraft fees on debit cards automatically, with 1000% interest, instead of giving customers the opportunity to have a transaction denied; introduced a plan for a single bank regulator that is at odds with the Obama Adminstration and his House counterpart Barney Frank, as well as being hated by the banking industry; and has taken the lead on weakening the power of the Fed, which is deeply desirable. In other words, despite the many slings and arrows, Dodd is basically doing the job Michael Moore would expect someone in his position to do, and doing it with gusto. He should be commended and not smeared.