FDIC Rescinds Supervisory Guidance on Multiple Re-Presentment NSF Fees

Adam Witmer
Regulatory Update

On April 10, 2025, the FDIC rescinded FIL-32-2023 titled FDIC Clarifying Supervisory Approach Regarding Supervisory Guidance on Multiple Re-Presentment NSF Fees, describing the FDIC’s supervisory approach relating to supervised institutions assessing multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction.

After review and assessment, the FDIC determined that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in “unfairness” concerns under Section 5 of the Federal Trade Commission Act. As a result, the FDIC is rescinding FIL-32-2023 effective immediately.

Read the FDIC’s press release here.

Adam Witmer
Regulatory Update
Adam Witmer

Adam Witmer is a speaker, author, and founder of the Compliance Cohort. Adam has taught hundreds of seminars and training sessions to thousands of bankers throughout the United States and teaches on all areas of regulatory compliance. Adam has written five e-books that he never published, hit a grizzly bear while driving in a National Park, and is an award winning photographer and musician (though he no longer takes photos nor plays any instruments). In his spare time, Adam can be found kayaking on the lake, doing taekwondo with his kids, working on his (project) house, or spending time with his family.

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