How to charge $37.50 for a cup of café latte
Imagine that it is the last day of the month and you have $20 in your checking account. Your $2,000 salary will be automatically deposited into your bank later today. You walk down the street and buy yourself a $2.95 ice cream cone. Later you also buy yourself a copy of Predictably Irrational for $25.95, and an hour later you treat yourself to a $2.50 cup of café latte. You pay for everything with debit card, and you feel good about the day – it is payday, after all.
That night, sometime after midnight, the bank settles your account for the day. Instead of first depositing your salary and then charging you for the three purchases, they do the opposite – qualifying you for an overdraft fee. You would think this would be enough punishment, but the banks are even more nefarious. They use an algorithm that charges you for the most expensive item (the book) first. Boom, you are over your available cash and charged a $35 overdraft fee. The ice cream and the latte come next, each with its own $35 overdraft fee. A split second later, your salary is deposited and you are back in the black – only $105 poorer.
Overdraft plans connected to checking accounts are common at most major financial institutions, and the Center for Responsible Lending estimates that this practice costs consumers about $17.5 billion in fees every year. Given these numbers, it is perhaps not very surprising that most financial institutions currently enroll their account holders into this expensive method of covering overdrafts without the customer’s consent or knowledge and that when consumers try to get out of these programs they find it incredibly difficult. When I called the few banks I have accounts with last week and tried to un-enroll from these programs, the most common response I got was that it was impossible. Similarly, one New Jersey columnist reported that his own daughter was charged a $35 overdraft fee for a debit card purchase of less than $2, even when he had accompanied her to open her account and asked that transactions that would overdraw the account be denied. (Paul Mulshine, ‘Courteous’ bankers in for a rude awakening, The Newark Star-Ledger, June 7, 2007, at 15)
With the current financial challenges, I suspect that the people at the lower Social Economic Status (SES) are carrying a large part of the general financial crisis in terms of jobs and housing, as well as a large part of the overdraft fees related to overdraft protection plans. Given this, it is a good sign that the Feds are finally looking at this issue. The first thing that the policymakers are considering is whether to require banks to let their customers opt-out of the default overdraft system. This sounds like a no-brainer. A far better version of the rule would require banks to obtain explicit permission from their customers before enrolling them in this program, the “opt-in rule”. So when you sign up for a bank account, you are not enrolled in this program unless you decide that you want the bank to approve debit purchases you make even if you have no money in your account. Given what we know about defaults and behavioral economics (that most people adapt the default option as their choice, and they see it as an implicit recommendation), I suspect that with the opt-out requirements, the vast majority of consumers will become part of the program and will keep on paying these high penalties, while the opt-in approach would make consumers much less likely to join these programs. Presumably, the banks know this, which is why they are arguing for the right to put all their customers into this expensive system of overdraft coverage without asking.
But of course, this is just the first step. In addition to the pending Federal Reserve regulatory proposal, Representative Carolyn Maloney (D-NY) has introduced legislation that, in addition to requiring that banks get explicit “opt-in” permission, would require warnings at the checkout counters and ATMs to allow customers to cancel a transaction before incurring a fee. It would also stop banks from clearing transactions from the highest to the lowest in order to increase their fees. These are useful reforms that are much needed to prevent banks from taking advantage of their customers.
The banks of course are very worried about losing this income stream, but I suspect that changing the bankers’ mindset from business as usual to one where they are actually going to start seeking their customers’ trust and products that would actually appeal to their clients is in everyone’s best interest. Adopting such programs might in fact push the banks to further improve their overdraft protection programs so that they are truly valuable for their consumers. For example, banks might start giving consumers better access to competitively priced short- term loans, better connections between saving and checking accounts, or at least they can start alerting consumers using SMS when they are in danger of overdrawing their account. In the meantime, the Federal Reserve Board’s “opt-in” rule would be a step in the right direction.
A banker for the past 3 decades, banks which r fearful of losing such income streams are not banks! They r day-light-robbers, greedy and slimy, who prey on the ignorance and innocence of the customers! Nemesis would take over! Financial crisis, especially large banks who are socially irresponsible, like the Citi, RBS and other examples, while espousing CSR through their marathons and whatever, are innately selfish, greedy, slimy and irresponsible!Eventually, clients see the farce, whatever terms we may use like ‘fees’ ‘charge’etc, when it is disproportionate.
Very true Mr. Rajan, the less said about nefarious ways of Banks the better.
On a lighter note, Banking actually is supposed to be a very noble profession. Borrow at 9, Lend at 12 and……………………..golf at 3!
Besides the opt-in/opt-out decision, the basic premise of the way banks reorder the transactions is wrong. The practice is seen as criminal because its structured to charge as much as possible, even defying basic logic. If banks just went chronologically, then maybe the service would make sense. If the latte was first, then charge for that first.
We can extend this to mobile phone services too! I am sure almost everyone has gone over their minutes and paid overages – sometimes out of necessity and sometimes unknowingly.
think mobile service providers are still alright. for mobile phone services, you’re paying for what you’re using. it would be rather irritating if one would not be able to use the phone in a emergency cause the minutes are used up.
the banks are so horid cause they charge a exorbitant fee on top of what you’re using..
Most banks do have a real overdraft protection program. At Bank of America I have my savings connected to checking and the savings account will pay any overdrafts. Ask, I bet yours does too.
Good banks will put the charges to your acct in chronological order. You should have had a $70 total overdraft charge on your acct based on your example.
But, they cannot deny a charge that you requested. They must pay the merchant. The Newspaper guy who had issues with his daughter’s acct was wrong. You can’t ask a bank to deny a charge the daughter requested. 1. The customer, the daughter requested it.
2. The merchant must be paid.
3. A fee will be incurred if the charge went over the available balance.
None of this is secret or unusual. Too many folks expect the banks to protect them from themselves.
I am always amazed how many folks don’t understand how checking accounts work.
Banks are highly regulated but I liked them alot more Pre Glass-Steagal.
So, you should have been charged chronologically but the rest of the article is just about lack of knowledge of how a checking account works.
I am in Australia and have experienced similar issues with our banks.
In the current times I do believe there will be a backlash on these practices as today our government basically told the banks they have to support mortgagees or else.
The banks are in trouble…just look up Peter Schiff.
They have had too good (i.e. screwed us all) too long.
I also doubt the $35 penalty reflects the true administration cost of the bank. My suspicion is that bank rely on overdraft penalty to increase their profits.
I live in Holland and fortunately, we don’t have these criminal constructions, most banks offer a standard overdraft credit (with interest of course, but based on a yearly rate).
But I came up close and personal with this thing when I was in Australia: http://jcvda.blogspot.com/2007/01/honour-fee-vs-foreigner.html
I still want to know why the government permits banks to charge both the depositor and the check writer when a check bounces. The depositor is an innocent bystander. Banks always try to rip consumers off, and why not, since they know the government will always bail them out and protect them.
I was a retail bank manager for about 5 years and more than 50% of our branch profit was generated via overdraft fees. From an incentive standpoint, we were held to impossibly high standards regarding the amount of fees that we were allowed to refund (i.e., the best branch manager would refund $0 fees ever).
The entire customer-bank relationship needs a paradox shift from one based on conflicting interests to one based upon mutual gain.
P.S. the justification that we used for putting through the most expensive items first (besides the obvious fee generation) was that more expensive items tended to be more important to have paid (mortgage/car note) rather than the $3 lattes. I know it’s a crock, but it’s what we used!
Fire your bank. Withdraw your money and close your account. If enough people do it, the bank will fail due to undercapitalization. It should.
The tough part is finding a bank that behaves reasonably. A bank with reasonable policies which were specificically advertised would likely gain quite a bit in this environment.
I am torn about this issue. I can honestly say that I do everything that I know how to act resposibly when it comes to my finances and checking account. But should we really let the banks outright “steal” from people because they are uneducated in these matters? The answer is NO! Not everyone is in a position in life to recieve the same formal education when it comes to finances. The banks owe their customers a fairer shake on this. And it wouldn’t hurt if mandatory personal finance classes started as early as 1st grade in all public and private schools. Unfortunately most people have to learn these things through the mistakes they make and some people can’t even grasp the subject then. Do Americans have to become homeless, jobless, and penniless before anyone steps in and makes the banks act in the best interest of all concerned? I know that there are always winnners and losers in the econmics of life but that doesn’t mean it’s okay ruin lives because of greed!!!
BofA used to pull that crap on me many years back.
And EVERY time i would go into the bank and threaten to withdraw my funds if the didnt reverse the charges.
and EVERY time they made an “exception” and reversed the charges.
mark wrote:
“they cannot deny a charge that you requested. They must pay the merchant. The Newspaper guy who had issues with his daughter’s acct was wrong. You can’t ask a bank to deny a charge the daughter requested. 1. The customer, the daughter requested it.
2. The merchant must be paid.
3. A fee will be incurred if the charge went over the available balance.”
Sure they can. Mine does. If I’m going to be overdrawn, my debit card transaction will be declined, and I have the option of using another account, a credit card, or to accept the charge and go into overdraft. Until I read this article, and the comments section, I had no idea that other banks did not operate the way mine does. It just seems like the logical way to serve your customer.
Another reason to support your local credit union! Credit unions are customer-owned and operate outside the profit-driven banking industry. When we opened checking accounts at our local credit union, we simply requested that transactions be declined that would overdraft ourt debit cards. The credit union was happy to make the change and satisfy their new member/owner.
One step in the right direction has just occurred in Australia. When you use an ATM and there are fees involved in the transaction, be it just a fee for an account balance or a fee for using another banks ATM, the machine has to display the fee and give you option of canceling the transaction at no cost.
I have noticed that many ATM’s now also itemize the fee involved in the transaction on the receipt.
There is a new B of A debit card that won’t let you buy anything if the purchase will cause an overdraft. I think there are other ways the bank is still able to charge you, so don’t cry for them.