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H.R. 946: | Consumer Overdraft Protection Fair Practices Act | 110th Congress 2007-2008 |
To extend the protections of the Truth in Lending Act to overdraft protection programs and services provided by depository institutions, to require customer consent before a depository institution may initiate overdraft protection services and fees, to enhance the information made available to consumers relating to overdraft protection services and fees, to prohibit systematic manipulation in the posting of checks and other debits to a depository account for the purpose of generating overdraft protection fees, and for other purposes. OverviewSponsor: | | Text: | Summary
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Full Text | Status: |  | Introduced | Feb 8, 2007 |  | Referred to Committee | View Committee Assignments |  | Reported by Committee | (did not occur) |  | House Vote | (did not occur) |  | Senate Vote | (did not occur) |  | Signed by President | (did not occur) |
This bill never became law.
This bill was proposed in a previous session of Congress. Sessions
of Congress last two years, and at the end of each session all
proposed bills and resolutions that haven't passed are cleared from the books.
Members often reintroduce bills that did not come up for debate
under a new number in the next session.
| Last Action: | Apr 12, 2007:
Referred to the Subcommittee on Financial Institutions and Consumer Credit. | Related: | See the Related Legislation page for other bills related to this one and a list of subject terms
that have been applied to this bill.
Sometimes the text of one bill or resolution is incorporated into another, and in those cases the original bill or resolution, as it would appear here, would seem to be abandoned. |
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Question & Answer 
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Nov 3, 2008 8:45 PM - Does this bill protect consumers from Banks closing their credit card lines of credit for absolutely no reason (which negatively affect our credit rating)? This has happened to me personally twice for no reason other than I was working to pay the debt off in considerable, timely sums. -
Read AnswersAnswered by a visitor on Nov 19, 2008 9:01 PM -
This bill addresses only an amendment to the Truth-In-Lending Act to prevent unfair overdraft protection practices by lending institutions. The Truth-In-Lending Act currently has multiple protections for consumers regarding credit and fair credit reporting. See the FDIC website. Nov 20, 2008 9:12 AM - Does this bill prohibit banks from processing the biggest check first (which promote NSF transactions)? -
Read AnswersAnswered by a visitor on Dec 3, 2008 8:10 PM -
This bill prohibits banks from changing the order of processing checks SOLELY to increase overdraft fees. I presume the burden is on the depositor to prove that this was the banks ONLY intention. Generally, banks seem to process the largest checks first (which of course, leads to more of the smaller checks bouncing than normally would). The banks justify this by saying "well, the larger checks are probably more important, like mortgage or car payments, so we put those through first." I suspect this is a rational enough reason to allow the process to continue even under this bill. I would point out that bouncing your $29 minimum payment on a credit card can now have catastrophic implications on your interest rate, especially if you have a large balance. This kind of harm can typically exceed even home lender's reaction to bounced mortgage payments. Answered by a visitor on Dec 26, 2008 10:14 PM -
In the fine print of the original bank disclosure for a new account it states that the bank WILL process the checks from largest to smallest. This practice started some years ago and anyone who didn't watch their account daily on a computer feel deeper into debt by overdrafts. The "SYSTEMATIC MANIPULATION" of checks and debits as described in H.R. 946 is a computer program now used by the majority of banks. Said program also holds debits in some fashion for several days. Watch how your point of "electronic point of sale" is MANIPULATED and results in an NSF on your checks. The program changes the print out each day. Several purchases can be held back using a debit card and cause a domino effect on your account if you are 1 penny off in your accounting. Your debit card is no longer rejected by merchants because the majority of banks have provided your debit account with a $500 limit (above balance) when used as stated in H.R. 946. This bill will not make it because of the millions (see Maplight.com) given to congress by the banking industry. This practice violates the Fair Practices Act and breeds GREED. The bill is very wordy, the main issue is to investigate the computer program and return to "first in, first out" and stop holding the posting of "electronic purchases". If your account doesn't have it, please don't let it go through and bounce all the checks!! |
Sources of InfluenceMAPLight.org reports that the following organizations
have taken a stance on this bill: | Support | Oppose |
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Center for Responsible Lending National Consumer Law Center Neighborhood Economic Development Advocacy Project Consumer Federation of America | American Bankers Association |
Follow the link to MAPLight.org to see if campaign contributions from employees of these organizations are correlated with how Members of Congress voted on this bill. Because the U.S. Congress posts most legislative information online one legislative day after events occur, GovTrack is usually one legislative day behind. For more information about where this data comes from, see
About GovTrack.us. H.R. 946--110th Congress: Consumer Overdraft Protection Fair Practices Act.
(2007).
In GovTrack.us (database of federal legislation).
Retrieved Nov 20, 2009, from
http://www.govtrack.us/congress/bill.xpd?bill=h110-946
"H.R. 946--110th Congress: Consumer Overdraft Protection Fair Practices Act."
GovTrack.us (database of federal legislation).
2007.
Nov 20, 2009
<http://www.govtrack.us/congress/bill.xpd?bill=h110-946>
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|date=Feb 8, 2007
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|quote=Consumer Overdraft Protection Fair Practices Act
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