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Course description

Due to the high risks of consumer harm, all prudential regulators scrutinize overdraft practices whether an institution honors overdrafts via an ad hoc or automated approach. A proper understanding of the applicable regulations is critical to ensuring a successful, compliant approach to overdraft management. Not only must disclosures accurately describe overdraft practices, but retail staff must accurately represent the account terms during verbal discussions. Systems must be properly calibrated to assess fees and pay/return items consistent with disclosed terms. The requirements for a compliant program cross deposit, lending, and accounting requirements Operations staff may or may not be familiar with all the applicable regulations.

This webinar will benefit operations staff, compliance officers and auditors by guiding participants through each of the requirements by regulation or guidance and will highlight areas of risk. We will consider enforcement actions relating to overdrafts so that we can learn from previous missteps. Participants will be provided with tips and strategies for monitoring or auditing compliance with the complex requirements.

In this two-hour session, Brian will cover:

  • Regulation DD disclosures and advertising
  • Parameter analysis for correct fee assessment
  • “Double dipping” of fees and the risks associated with doing so
  • Regulation E – Opt-In
  • The impact of “debit card authorizations” on overdraft fees
  • Unfair Deceptive or Abusive Acts and Practice pitfalls
  • Regulation Z – Repayment plans
  • Regulation B – Overdraft limits and fee structure
  • Fair Credit Reporting Act – Negative information reporting, direct disputes, and adverse action
  • Fair Debt Collection Practices Act – Third party oversight and collection best practices
  • Consideration of overdraft balances and limits on the Call Report and Allowance for Loan Losses
  • 2005 Joint Agency Guidance on Overdraft Programs
  • 2010 FDIC Subsequent Guidance on Overdraft Programs


Written materials will be provided for participants to refer to during the presentation.


Brian Crow

Brian Crow, CAMS is Managing Partner & Co-President at Thomas Compliance Associates, Inc. in Chicago, IL. Brian’s passion for and skill in protecting bank assets from fraud and compliance losses have earned him the nickname “Security Evangelist.” In addition to developing and guiding the strategic vision for TCA, Brian delivers focused educational support to clients and helps them manage TCA’s suite of consulting, audit, and training services. He is a nationally recognized expert on BSA/AML and deposit compliance and is a regular speaker at the annual BSA/AML Top Gun Conference. As an education consultant for the Glia Group BOL Learning Connect program, Brian conducts webinars on topics like VISA/MasterCard chargebacks, debit card compliance, and fraud prevention. For this work, he was recognized as a Bankers Online Guru in 2011. “Bach to Spock” could characterize his interests outside work. Music has been a lifelong passion, and Brian is the organist and handbell director for King of Glory Lutheran Church in Elgin, Illinois. And as a devoted Trekkie, he can hold my own with anyone in a Star Trek trivia match.

Course curriculum

  • 1


    • Access Webinar

  • 2


    • Slides

    • 2005 Joint Overdraft Guidance

    • CFPB TD Bank Settlement

    • Regions Bank Consent Order

    • CFPB Available vs. Ledger

    • FDIC Overdraft Fees

    • 2010 FDIC Guidance

    • Questions and Answers