FDIC Rescinds Supervisory Guidance on Multiple Re-Presentment NSF Fees
Summary
The FDIC has rescinded FIL-32-2023, which previously described the agency's supervisory approach regarding multiple non-sufficient funds (NSF) fees arising from the re-presentment of unpaid transactions. The FDIC concluded that FIL-32-2023 was overly broad in scope and created uncertainty about when re-presentment disclosures might raise unfairness concerns under Section 5 of the FTC Act. The rescission is effective immediately.
What changed
The FDIC has rescinded FIL-32-2023, its supervisory guidance addressing multiple NSF fees charged when the same transaction is re-presented after an initial insufficient funds occurrence. The agency determined the prior guidance was overly broad and generated uncertainty regarding unfairness determinations under FTC Act Section 5. The rescission takes effect immediately, eliminating this specific supervisory framework.
FDIC-supervised financial institutions are no longer subject to the supervisory expectations outlined in FIL-32-2023 regarding re-presentment NSF fee disclosures. Banks must still ensure their consumer-facing disclosures accurately reflect actual practices and comply with applicable consumer protection laws and regulations. Institutions should review their NSF fee practices and disclosure documents to confirm alignment with current legal requirements beyond the rescinded guidance.
What to do next
- Review consumer disclosures for accuracy and compliance with applicable laws
- Ensure practices align with current legal requirements and consumer protection standards
Archived snapshot
Apr 11, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
FDIC Rescinds Supervisory Guidance on Multiple Re-Presentment NSF Fees
Examination Procedures and Manual Updates April 10, 2026
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
Last Updated: April 10, 2026
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