FDIC Rescinds Guidance on Multiple Re-Presentment NSF Fees

On April 10, 2026, the FDIC rescinded, effective immediately, its supervisory guidance concerning the assessment of multiple NSF fees arising from the re-presentment of the same unpaid transaction. 

The FDIC issued initial NSF re-presentment guidance in 2022, FIL-40-2022, over certain compliance concerns and legal risks associated with financial institutions charging multiple NSF fees and their related disclosures and practices to mitigate consumer harm (see prior coverage here). 

In 2023, the FDIC rescinded and replaced its prior NSF re-presentment guidance with FIL-32-2023 to clarify its supervisory approach for corrective action when a violation of law is identified.  Specifically, the 2023 guidance clarified lookback review requirements (see prior coverage here). 

After a recent review and assessment, the FDIC has concluded that it is necessary to rescind its 2023 guidance as it was overly broad in scope and created uncertainty with disclosures and “unfairness” concerns under Section 5 of the Federal Trade Commission Act.

This rescission provides regulatory relief to applicable financial institutions by eliminating the supervisory framework and related compliance burdens involving multiple re-presentment NSF fees.  Pursuant to the rescission, the FDIC stated that supervised institutions should ensure that their consumer disclosures accurately describe their practices and fully comply with applicable laws and regulations.