FDIC rescinds guidance update on re-presentment fees
April 13, 2026 / By ICBA
The FDIC rescinded its June 2023 guidance on how banks assess fees on items that are repeatedly rejected for insufficient funds.
Background: Some financial institutions charge multiple nonsufficient-funds fees for the same transaction when a merchant re-presents an ACH payment or check more than once after the transaction has been declined.
2023 Guidance: The 2023 Financial Institution Letter (FIL-32-2023) said the agency will not ask institutions to conduct a lookback review without the likelihood of substantial consumer harm.
Guidance Rescission: In a new FIL, the FDIC said the 2023 guidance is overly broad in scope and has raised uncertainty regarding when re-presentment disclosures may result in “unfairness” concerns under Section 5 of the Federal Trade Commission Act. As a result, the agency said it is rescinding FIL-32-2023 effective immediately.
ICBA View: ICBA has repeatedly met with officials from the FDIC, Federal Reserve, and OCC to discuss policy shifts on re-presentments and concerns with lookback requirements.
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