A new CFPB rule could lower overdraft fees to just $5 — here's what that could mean for checking account customers

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• Overdraft fees can cost upwards of $40, which can be expensive when you're already low on cash.
• A new CFPB rule could cap overdraft fees to $5 for very large institutions starting next October.
• If you don't want to wait until then, there are steps you can take to avoid overdraft fees now.

Overdraft fees can be a huge financial burden when you're already struggling to make ends meet. The best banks for avoiding overdrafts don't charge overdraft fees at all, but it's more common for banks to charge overdraft fees in the $20 to $40 range.

The Consumer Financial Protection Bureau recently finalized a rule that would limit large financial institutions — institutions that have $10 billion or more in assets — from charging high overdraft fees. The rule is expected to take effect on October 1, 2025, but that might change if Congress decides to overturn it.

If you have a checking account with a large national bank or credit union, this rule could likely affect you. Here's what you can expect to change and what you should do to take advantage of lower overdraft fees.

Who would be affected by the CFPB overdraft final rule?

The CFPB only has authority over very large financial institutions, which it defines as those with more than $10 billion in total assets. According to the CFPB Depository Institutions list, which uses data from Q3 2024, a little under 180 banks and credit unions meet those criteria.

The most commonly used banks and credit unions, such as Bank of America, Wells Fargo, Ally Bank, and Navy Federal Credit Union, are on this list. A few of those financial institutions, like Ally, have already eliminated overdraft fees.

Financial institutions on the list that haven't eliminated overdraft fees have a couple of other options if they don't want to cap overdraft fees at $5. They can prove to the CFPB that they aren't making a profit on the overdraft fees they charge, which will likely be a more complicated process than just capping their fees. They could instead treat overdrafts like other consumer credit options, which include consumer loans and credit cards. Consumer credit options are more strictly regulated than overdrafts are now.

But if you use one of the CFPB's listed banks and it still charges overdraft fees, this rule would almost certainly lower what you pay for overdrafts — if it goes through.

"I would expect to see litigation from the banking industry, as well as the potential for political changes with a new administration or a new Congress starting in January," says Patrick O'Leary, CFP® professional, Sr. Vice President and financial advisor at O'Leary Wealth Management with D.A. Davidson and Co.

But even if the bill doesn't go through, it could still have an indirect impact on overdraft fees. "Even if it doesn't go into effect as it's written now, I think the continued pressure on banks, from both a regulatory perspective as well as from the public, is likely to push these fees lower in many instances," says O'Leary.

If passed, the CFPB estimates that the rule will save consumers $5.2 billion dollars each year. Low-income consumers are the ones who will save most if the rule is passed.

"The CFPB is trying to limit the impact and the cost to consumers, especially lower-income consumers," says O'Leary.

What you can do to take advantage of the new overdraft cap

If you find yourself overdrafting your checking account frequently, you might want to take advantage of this rule. To do that, just make sure your primary checking account is from one of the financial institutions listed on the CFPB website. Most of the banks that made our list of best banks are large enough to be covered by the CFPB.

If you don't want to wait until next October to lower your overdraft fees, we've provided a list of some of the best checking accounts for overdraft below. All of these accounts are overdraft fee-free, and some of them have other perks, such as being high-yield checking accounts.

How to mitigate overdraft fees now

While this rule would help you avoid high overdraft fees, there are ways you can lower the impact of overdraft fees on your budget regardless of whether the rule goes through.

If you find yourself facing surprise overdraft fees, calling your bank might help lower your costs. "Call your bank and speak to them. Let them know what has happened. A lot of times, they will waive some or all of those fees," says Angela Moore, CFP® professional, founder of Modern Money Education.

If you want to avoid overdrafts entirely, there are a few ways to accomplish that. "One thing you can do is you can call your bank and tell them that you do not want overdraft options on your account," says Moore. This will make it so any transactions that would take your account into the negative would automatically decline.

"Another option you could do is always keep a cushion in your account. If you typically spend $5,000 a month, maybe you keep an extra $2,000 in your checking account as a cushion," says Moore.

She also says that signing up for overdraft transfers, which lets you automatically transfer money from your savings to cover overdrafts, could help avoid heavy overdraft fees. Some banks charge fees for overdraft transfers, but they're generally lower than overdraft fees. Additionally, O'Leary says that the new CFPB rule also applies to overdraft transfer fees.