All FDIC-supervised institutions
On April 10, 2026, the FDIC rescinded its guidance related to non-sufficient funds (NSF) fee practices. The original guidance had set supervisory expectations for banks regarding the charging of multiple NSF fees on the same transaction and related consumer fee disclosures. The rescission is part of a broader deregulatory posture and reduces compliance burden on FDIC-supervised banks. For BaaS and sponsor banks that partner with fintechs offering deposit accounts, this may affect how NSF fee policies are structured in fintech-bank partnerships. The action does not target any specific institution but applies broadly to all FDIC-supervised banks.
Verified from source: The FDIC announced it is rescinding, effective immediately, its prior supervisory guidance in FIL-32-2023 on multiple representment nonsufficient funds (NSF) fees, concluding that FIL-32-2023 was overly broad and created uncertainty about when disclosures related to re-presentments might be considered 'unfair' under Section 5 of the FTC Act. The change applies to all FDIC-supervised institutions.
- BaaS sponsor banks and their fintech partners may have more flexibility in structuring NSF fee practices on deposit products
- Fintechs offering checking/deposit accounts through bank partners should monitor whether state-level NSF fee restrictions remain in effect
- Reduced federal supervisory pressure on NSF fees could shift enforcement focus to state attorneys general