FDIC Rescinds Guidance on Multiple Re-Presentment NSF Fees

On April 10, 2026, the FDIC issued FIL 14-2026 rescinding prior supervisory guidance on charging multiple non-sufficient funds (NSF) fees when the same unpaid transaction is re-presented (FIL 32-2023). The FDIC stated that the prior guidance was overly broad and created uncertainty regarding when re-presentment disclosures or related practices could be viewed as unfair under Section 5 of the Federal Trade Commission Act, and it is rescinded effective immediately.

The withdrawal of this supervisory framework does not eliminate existing legal and compliance obligations. Institutions should continue to ensure that consumer disclosures align with actual fee assessment practices and remain consistent with applicable requirements, including Section 5 of the Federal Trade Commission Act (UDAP), the Truth in Savings Act and Regulation DD, and relevant state unfair or deceptive practices laws.

If fee practices are not clearly described, or if they operate differently than disclosures indicate, institutions may face UDAP, consumer compliance, and litigation risk.

Recommended actions

Institutions should:

• Review deposit account disclosures and fee schedules to confirm they address NSF fees, including re-presentment scenarios.

• Validate that system behavior and operations match disclosed fee practices.
• Test NSF fee assessments periodically as part of ongoing compliance monitoring.

Source: FDIC, "FDIC Rescinds Supervisory Guidance on Multiple Re-Presentment NSF Fees" (FDIC.gov)