Regulatory Alerts2026-04-10 | FIL-14-2026FDIC Rescinds Supervisory Guidance on Multiple Re-Presentment NSF Fees
The FDIC immediately rescinds Financial Institution Letter 32-2023, which previously provided supervisory guidance on how supervised institutions assess multiple non-sufficient funds fees from re-presented transactions. The regulator determined that the prior guidance was overly broad and created uncertainty regarding potential unfairness claims under Section 5 of the Federal Trade Commission Act. Supervised financial institutions must now ensure their consumer disclosures accurately reflect actual practices and comply with all applicable laws, regulations, and legal requirements.
Examination Procedures and Manual Updates
April 10, 2026
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Summary: On June 16, 2023, the FDIC issued a Financial Institution Letter (FIL-32-2023) titled FDIC Clarifying Supervisory Approach Regarding Supervisory Guidance on Multiple Re-Presentment NSF Fees . This guidance described the FDIC’s supervisory approach relating to supervised institutions assessing multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction.
The FDIC is rescinding FIL-32-2023 effective immediately. Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions. Highlights: On June 16, 2023, the FDIC issued FIL-32-2023, which rescinded and replaced FIL-40-2022, entitled “Supervisory Guidance on Multiple Re-Presentment NSF Fees.” Based on a review and assessment of the guidance in FIL-32-2023, the FDIC concludes that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in “unfairness” concerns under Section 5 of the Federal Trade Commission Act. As a result, the FDIC is rescinding FIL-32-2023 effective immediately. Supervised institutions should ensure their disclosures to consumers accurately reflect their practices and are provided in accordance with applicable laws, regulations, and other current legal requirements.
FIL-14-2026
Related Topics
Consumer Compliance/Protection
Examination Processes and Procedures
Fair Lending
Contact(s)
Division of Depositor and Consumer Protection