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The Honolulu Advertiser
Posted on: Thursday, August 4, 2005

Overdraft fees sting consumers paying the penalty — and banks' profit?

By Brian Monroe
Florida Today

Sherri and Don Hughes consult with Sandra Keesee, center, of Harbor Federal bank in Rockledge, Fla. Consumer groups are criticizing the industry for levying fees when a bank's computer system allows customers to spend more than the amount in their account.

Craig Bailey | Gannett News Service

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Several months ago, Berlyn Simmons of Viera, Fla., accidentally exceeded the funds in his checking account using his debit card. He made six purchases beyond the amount in his account.

While the bank covered the transactions, it charged him $32 for each overdraft. After running up nearly $200 in charges, he closed the account. Simmons said he "can't blame the bank, because it's basically my fault," but added a fairer fee would be $5 or $10, not the $20 to $35 overdraft fees banks typically charge now.

Everyone is familiar with a fee for bouncing a check. But consumer groups are criticizing the industry for levying fees when the banks' own computer systems allow a customer to pay for a purchase with a debit or automated-teller-machine card, even when that person doesn't have money in his or her account.

They also say some banks put the details of overdraft-penalty fees in the fine print when someone is opening an account. Further, some banks are even pushing so-called overdraft-protection programs that encourage consumers to overdraw their account, incurring a fee and shackling them with crushing debt.

Typically, an account-holder gets hit with an overdraft fee when a bank or credit union pays for an ATM, debit or check purchase with its own money — basically, a small loan.

When the customer finally does put money back into his or her account, the bank takes the money it covered on the overdraft, plus a fee, which can be as high as $35.

Those in the banking industry, however, say they cover such overdrafts — electronic or from paper checks — so customers don't get embarrassed at the checkout counter, or bounce a mortgage payment and incur other fees. Bankers add that the $20 to $35 fee is needed to cover customers who never pay back the overdraft loan, as well as the processing costs.

Regardless of which side you take, borrowers are left paying more than $10 billion a year for fee-based overdraft loans, according to the Washington, D.C.-based Center for Responsible Lending.

In a recent report the organization states that "many people are finding themselves with overdraft loans they never asked for, do not want and cannot afford. Federal regulators have failed to protect these customers."

To right this apparent wrong, the Center for Responsible Lending is urging federal regulators to mandate that banks disclose interest rates for overdraft loans; require the consent of borrowers prior to levying overdraft loan charges; and require warnings when ATM and debit transactions will trigger a fee.

"Large banks are increasingly allowing consumers to unwittingly overdraw their accounts, and then hit them with hidden fees," said Jean Ann Fox, director of consumer protection for the Consumer Federation of America. "A loophole in federal rules actually permits this deceptive and abusive practice."

Banks, on the whole, probably aren't trying to be deceptive, but they are driven by profits — and fees are a big part of that, said Greg McBride, senior financial analyst at Bankrate.com in North Palm Beach, Fla.

"The profit motive screams loud and clear," he said.

However, he adds, "It's ultimately your responsibility to know what's in your bank account. Banks aren't going to cut you any breaks."