Guidance on Overdraft Fees & Defenses Against Class Action Lawsuits

On-Demand Webinar:
StreamedOct 18, 2022Duration90 minutes
  • Unlimited & shareable access starting two business days after live stream
  • Available on desktop, mobile & tablet devices 24/7
  • Take-away toolkit
  • Ability to download webinar video
  • Presenter's contact info for questions
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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.
  • Understand how and when to properly disclose overdraft (OD) and returned item fees
  • Utilize the key principles identified by regulators regarding multiple NSF fees for re-presentment of an unpaid item
  • Implement OD fee best practices at your institution
  • Take steps to avoid regulator criticism
  • Protect and defend your institution against potential class action lawsuits


Overdraft fees and OD protection programs continue to be intensely scrutinized by regulators.  Institutions have been warned 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, it is important to properly evaluate 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 proper approach to identifying a possible violation and determining when full corrective action is required, and the recommended steps to defend your institution against class action lawsuits.


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


  • 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. 


"Very knowledgeable speakers with excellent content. Very beneficial."
- Brian, Tropical Financial Credit Union

"Kersten & Elizabeth were spot on with their examples and the challenges that we face in this industry. Topics were very relevant and what the industry is up against in an ever changing regulatory environment.
- Victoria, Vermont State Employees Credit Union

Presented By

Elizabeth Fast, JD & CPAElizabeth Fast
Spencer Fane LLP
HolzhueterKerstenKersten Holzhueter
Spencer Fane LLP