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H.J.Res. 169·119th Congress·Introduced Apr 30, 2026

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Consumer Financial Protection Circular 2024-05: Improper Overdraft Opt-In Practices".

IntroducedFinance and Financial SectorMajor
View bill text
Sponsor
Rep. Velázquez, Nydia M. [D-NY-7]
Committees
Financial Services Committee (primary)
Last action
Apr 30, 2026

Bottom line

This resolution seeks to prevent the CFPB from withdrawing its guidance on improper overdraft opt-in practices, thereby maintaining stricter oversight on how banks offer overdraft services and potentially protecting consumers from certain fees.

What it actually does

This joint resolution utilizes the Congressional Review Act (CRA) to disapprove a rule issued by the Bureau of Consumer Financial Protection (CFPB) on May 12, 2025. This CFPB rule had *withdrawn* a previous guidance document, "Consumer Financial Protection Circular 2024-05: Improper Overdraft Opt-In Practices." If enacted, this resolution would nullify the CFPB's withdrawal, thereby reinstating or preserving Circular 2024-05, which aims to regulate how financial institutions obtain consumer consent for overdraft services.

Proponents argue

Proponents argue that disapproving the CFPB's withdrawal is essential for protecting consumers from predatory overdraft fees and deceptive opt-in practices. They contend that Circular 2024-05 provided necessary clarity and enforcement tools to prevent financial institutions from exploiting consumers, especially vulnerable populations, through high-cost overdraft services. Maintaining the circular ensures that consumers are genuinely consenting to overdraft coverage and are not unknowingly incurring significant fees.

Opponents contend

Opponents of this resolution (who would support the CFPB's withdrawal of Circular 2024-05) argue that the original circular imposed undue regulatory burdens on financial institutions, limiting their ability to offer flexible overdraft services that some consumers value. They may contend that the circular was overly prescriptive, stifled innovation, and that market competition or existing regulations are sufficient to protect consumers without the need for additional, potentially burdensome, guidance.

The bill text is extremely short and straightforward, requiring less than a minute to read. However, understanding its implications requires familiarity with the underlying CFPB rules and the Congressional Review Act process.

Section 1

Congressional Disapproval of CFPB Rule Withdrawal

prominently featuredstraightforward

This provision states that Congress disapproves of the rule issued by the Bureau of Consumer Financial Protection (CFPB) on May 12, 2025 (90 Fed. Reg. 20084), which had withdrawn a previous CFPB guidance document, Circular 2024-05. By disapproving this withdrawal, the resolution aims to ensure that Circular 2024-05, which addresses "Improper Overdraft Opt-In Practices," remains in effect. The operative effect is to maintain federal oversight on how financial institutions obtain consumer consent for overdraft services.

GroupImpactMechanismScale
GroupConsumers who use overdraft servicesImpactProtection from potentially deceptive opt-in practices and high fees.MechanismBy maintaining CFPB Circular 2024-05, financial institutions would be subject to stricter guidelines regarding how they obtain consumer consent for overdraft services, potentially reducing instances of consumers unknowingly opting in or incurring excessive fees.ScaleBroad, affecting millions of consumers who interact with financial institutions offering overdraft.
GroupFinancial Institutions (banks, credit unions)ImpactIncreased regulatory burden and potential reduction in overdraft fee revenue.MechanismThe continued enforcement of Circular 2024-05 would require financial institutions to adhere to specific standards for overdraft opt-in processes, potentially necessitating changes to their current practices and disclosures.ScaleBroad, affecting all financial institutions offering overdraft services.

Supporters argue

Supporters argue that maintaining Circular 2024-05 is essential for consumer protection, ensuring that financial institutions cannot engage in practices that trick or coerce consumers into overdraft services, which often come with significant fees. They believe it promotes transparency and fair dealing in financial services.

Critics contend

Opponents of the resolution (i.e., those who support the CFPB's withdrawal) contend that Circular 2024-05 was overly restrictive, potentially limiting consumer choice for overdraft services and imposing unnecessary compliance costs on financial institutions. They might argue that the market should dictate these practices, or that existing regulations are sufficient.

Tradeoffs

The resolution highlights the tension between consumer protection from potentially harmful financial practices and the desire of financial institutions for regulatory flexibility and the ability to offer a wider range of services, even if those services carry risks for some consumers.

FOUND

The resolution disapproves the CFPB's rule that withdrew Circular 2024-05, effectively preserving the original circular on improper overdraft opt-in practices.

Section 1

Why it matters:This is standard legislative practice for Congressional Review Act (CRA) resolutions, which often refer to specific agency actions by their Federal Register citations. The layered nature of 'disapproving a withdrawal' is a consequence of the regulatory action being targeted, not an intentional burial by the bill's drafters.

Case for: Supporters argue that this precise targeting is necessary to reverse an agency action that they believe undermines consumer protections. It represents a direct exercise of congressional oversight to maintain a specific regulatory stance.

Case against: Critics might argue that such a layered approach can be confusing for the public and that Congress should legislate directly rather than using the CRA to manage complex regulatory reversals, which can obscure the actual policy outcome.

Estimated impact: The impact is the continued enforcement of Circular 2024-05, which aims to prevent improper overdraft opt-in practices, potentially saving consumers billions in fees annually and increasing compliance costs for financial institutions.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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