Skip to Main Content
ICBA
ICBA
  • Member Login
  • Member Login

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The FDIC rescinded its June 2023 guidance on how banks assess fees on items that are repeatedly rejected for insufficient funds.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.

Join ICBA Community

Interested in discussing this and other topics? Network with and learn from your peers with the app designed for community bankers. 

Join the community Example Text