Congress blocks CFPB's attempt to weaken overdraft-fee protections
S.J.Res. 169 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Consumer Financial Protection Circular 2022-06: Unanticipated Overdraft Fee Assessment Practices". · Filed by Elizabeth Warren (D-MA) · Introduced Apr 13, 2026 · Referred to committee
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What it does
This resolution blocks the CFPB's 2025 decision to withdraw its 2022 guidance on overdraft fees. By disapproving the withdrawal, Congress restores the CFPB's original rule protecting consumers from unexpected overdraft charges. Banks and payment processors lose the ability to assess overdraft fees under the looser standard the CFPB had attempted to adopt.
Why we flagged it
The bill uses a Congressional Review Act disapproval mechanism to undo a regulatory withdrawal, restoring consumer protections against overdraft fees. Its functional effect is to reinstate a consumer safeguard, not to create new regulation.
What the text implies
- If the CFPB's 2025 withdrawal rule is voided, the 2022 circular becomes operative again, potentially requiring banks to revise overdraft-fee disclosure and assessment practices retroactively or prospectively.
- The resolution does not address whether the 2022 circular itself remains subject to legal challenge or further CFPB amendment; it only blocks this particular withdrawal attempt.
The full analysis lists 3 implications of this text.
Who it affects
Ordinary consumers regain explicit CFPB protection against unanticipated overdraft fees, a practice that disproportionately harms low-income households. The restoration of the 2022 circular reinstates a consumer safeguard that the CFPB had attempted to abandon.