Kathy Kristof

Devil in the Details

Banks Force Consumers into Overdrafts

By Kathy Kristof | Jun 30, 2009 |

Ever wonder why fee income and, particularly, overdraft fees have soared at the nation’s banks? A number of former Bank of America employees charge that banks boost the odds that you’ll pay costly overdraft fees–and lots of them–by “reordering” your checks and debit card transactions.

What does that mean? You use your debit card four times during the day, buying a $2 cup of coffee; a $5 sandwich; spend $25 on gas for your car and $30 for a few groceries. All these things happen early in the day when you know you have at least $100 in your account because you checked your balance on line before you went shopping. Late in the day, you pay the gardener $100, knowing that you’re getting paid in the morning.

You don’t expect the gardener to rush into the bank. He does. Your mistake. You think, “Okay, stupid me. The gardener cost me $135 this month because I’ll have to eat an overdraft fee.” Ah, no, naive consumer. You’ll face four overdraft fees, making your momentary $62 overdraft a $140 bonanza for the bank.

How did that happen? Your multiple debit card transactions and the check all “clear” at the end of the day. It doesn’t matter that the four small transactions happened early in the day and the gardener cashed your check 5 minutes before the bank closed. The bank can see the times, but has a policy of clearing checks and debits based on size, not when they happened.

Excuse me? You heard right. The biggest transactions are cleared first. That means that the multiple little transactions you made earlier in the day cause multiple overdraft fees. That $2 coffee just cost $37. The sandwich, $40. It sounds like a scam, but it’s perfectly legal and probably spelled out in the fine print of your banking agreement.

It’s worth mentioning that while Bank of America denied most of the allegations in the employee suit, which was reported today in the Los Angeles Times, it didn’t deny this one. In fact, the bank acknowledges that it does this and most big banks do the same.

Bankers say that clearing your biggest transactions first is a consumer-friendly practice because it cuts the chance that big and important payments, like your mortgage, will get bounced because you failed to account for the cost of your morning cup of coffee. The fact that this vastly boosts the bank’s fee income by creating multiple overdraft fees for one mistake? Coincidence. Or, it may be a way for banks to profit, even when their loan portfolios are sinking, according to a recent story in the Washington Post.

Of course, you the consumer, don’t get to determine the order in which your checks clear. You don’t have the right to say: “Bounce the mortgage check if I didn’t account for it.” You are a slave to the details of your bank’s internal policies.

 
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  •  
    1

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    This column has generated a heated debate among my
    Facebook friends. For the benefit of MoneyWatch readers, I'm
    transferring that debate here. I hope you'll weigh in too.

  •  
    2

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    love your piece! I'm STILL appalled at this mega-rip-off: Union
    Bank charges me a $15 processing fee for going to the trouble
    of sending me a one-page bill once per year [for my safe dep.
    box]. Of course the fee is waived if I have it automatically
    withdrawn. You think $15 has ANY relationship to the cost and
    overhead involved in sending that bill? ARGH. It's so outrageous.
    --Elizabeth

  •  
    3

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Hey, Liz. I'm such an Ayn Rand fan that I have no problem with
    banks making profits. More the better...but I'm wondering
    whether these guys were raised by wolves. Didn't their mothers
    tell them that they had to play fair?--KK

  •  
    4

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Rand's position, "full, pure, uncontrolled, unregulated laissez-
    faire capitalism," may have been well-suited for her time. It
    doesn't appear to be doing well now. I'll take a credit union over
    a bank any day of the week.
    --Larry

  •  
    5

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Hey Larry.
    If we had uncontrolled capitalism I think we'd do better than
    what we have now, which is ineffective--to the point of being
    deceptive--government regulation. It gives the consumer the
    impression of being protected from misleading practices, when
    it's really buyer beware.

  •  
    6

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Yes, to be fair Rand assumed a balance in which people would
    be protected by courts of law against such misleading
    practices. That too no longer seems to apply, particularly in a
    global economy where the people may sit on resources they
    know nothing about until it's too late.
    --Larry

  •  
    7

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Not to mention the fact that for U.S. banks these outrageous
    fees are going from your hands right back to the government to
    pay Tarp interest costs and deposit insurance fees, which have
    just gone up exponentially.
    --Henry

  •  
    8

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    I have a qualitative point: With "uncontrolled capitalism," the
    problem is how much is ENOUGH? John Bogle wrote a book
    about this. American company profits are the largest of all of
    the developed countries. Why? If human beings could settle
    for enough, I have no problem with profits.
    But in the last thirty years, clearly our growth has been
    largely fueled by deficits by the government, loans and credit
    cards by us which in turn lead to double digit stock market
    gains for most of those years. Its unsustainable as the stock
    market 100 year history has grown about 5-6% per year after
    inflation and taxes. We will not get back to those double digit
    returns for a generation or more, no matter what the
    government does.
    1.5 cents worth.
    --Steve

  •  
    9

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    It's hardly an accident that "too big to fail," rhymes with "too
    big to jail."
    --Stephen

  •  
    10

    Kathy Kristof

    07/02/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    We taxpayers bail out the banks with our money. At the same
    time banks are doing everything they can to milk our checking
    and saving accounts. Plus raise fees on credit cards. Something
    not quite right here. Unfortunately no end in sight !
    --Mark

  •  
    11

    Clay01

    07/05/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Chase is great at this. Included they will not credit any deposits until after 4 am CST. Meanwhile they will debit all actions immediately. So even though you have have a deposit, you still get wacked on overdraft fees.

    I bought their stock just because of their huge profits in fees, some of which are mine unfortunately

  •  
    12

    Kathy Kristof

    07/06/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Ouch. I may be insanely naive, but I have to believe that people
    won't put up with ludicrous charges forever. I see more and
    more people dumping their big banks for community banks and
    credit unions just because they're annoyed at the lack of fair
    play.

  •  
    13

    Christine@...

    07/09/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Yes, indeed they do force you into overdraft charges. And it isn't just Bank of America that clobbers me. Bank of Hawaii does too, but ONLY $26 a transaction. A quick stop for $11 worth of fast food cost me $37 and that is only one of many examples.
    Congratulations to the robber banks and their exceeding low moral standards.
    I applied for a $500 overdraft protection from BOH and they wanted a huge amount of information from me, even though they have been my personal business banker for yours. I asked for contact information from a customer service manager and they didn't even give me the courtesy of a reply.
    Think I'll be looking for a new bank anytime soon?

  •  
    14

    dmintonti

    07/14/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    My credit union also follows this practice... however, their fees are lower - a LOT lower - and they'll "work with you" if you don't ask every time.

  •  
    15

    Kathy Kristof

    07/15/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    The unfortunate thing about lucrative, abusive practices like
    this one is that they spread like a virus. But if you're a good
    bank customer, you should know that you have clout to get
    these fees waived. If your bank doesn't accommodate you and
    plays a little too fast and loose with your money, take your
    deposit and go elsewhere. You do have choices.

  •  
    16

    bonnier613

    07/15/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    I ended up owing BofA $500+ because of this policy and am now in a position that prevents me from having an account at all! It seems that it is for the best.

  •  
    17

    Kathy Kristof

    07/15/09 | Report as spam

    RE: Banks Force Consumers into Overdrafts

    Eeek. No account at all? How is that for the best? You could
    spend a fortune just to cash your checks.

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Kathy Kristof

Kathy Kristof is a syndicated personal finance columnist, speaker and author of three books, including the recently updated Investing 101 (Bloomberg, 2008).

Kathy Kristof

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