S T A T E O F N E W Y O R K
________________________________________________________________________
1721
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Banks
AN ACT to amend the banking law, in relation to requiring banks to noti-
fy customers of account overdrafts in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The banking law is amended by adding a new section 135 to
read as follows:
§ 135. ACCOUNT NOTIFICATIONS. 1. WHERE A BANKING INSTITUTION UNDER
THIS ARTICLE OFFERS ITS CUSTOMERS OR DEPOSITORS OVERDRAFT PROTECTION, OR
ANY OTHER SIMILAR SERVICE WHEREIN THE BANKING INSTITUTION CHARGES A FEE
TO PREVENT ACCOUNT PENALTIES FOR INSUFFICIENT FUNDS, SUCH INSTITUTION
SHALL NOTIFY SUCH CUSTOMER OR DEPOSITOR WHENEVER SUCH SERVICE IS
EMPLOYED TO PREVENT ACCOUNT PENALTIES.
2. A BANKING INSTITUTION SHALL IMMEDIATELY NOTIFY A CUSTOMER OR DEPOS-
ITOR OF THE INSUFFICIENCY OF FUNDS IN SUCH INDIVIDUAL'S ACCOUNT OR
ACCOUNTS VIA ELECTRONIC MAIL, OR IF THE INDIVIDUAL PREFERS, THROUGH ANY
OTHER METHOD OF NOTIFICATION. SUCH NOTIFICATION SHALL STATE THAT THE
BANK'S OVERDRAFT SERVICE HAS GONE INTO EFFECT AND SHALL LIST ANY FEES
AND PENALTIES ASSOCIATED WITH SUCH SERVICE.
§ 2. The banking law is amended by adding a new section 458 to read as
follows:
§ 458. ACCOUNT NOTIFICATIONS. 1. WHERE A BANKING INSTITUTION UNDER
THIS ARTICLE OFFERS ITS CUSTOMERS OR DEPOSITORS OVERDRAFT PROTECTION, OR
ANY OTHER SIMILAR SERVICE WHEREIN THE BANKING INSTITUTION CHARGES A FEE
TO PREVENT ACCOUNT PENALTIES FOR INSUFFICIENT FUNDS, SUCH INSTITUTION
SHALL NOTIFY SUCH CUSTOMER OR DEPOSITOR WHENEVER SUCH SERVICE IS
EMPLOYED TO PREVENT ACCOUNT PENALTIES.
2. A BANKING INSTITUTION SHALL IMMEDIATELY NOTIFY A CUSTOMER OR DEPOS-
ITOR OF THE INSUFFICIENCY OF FUNDS IN SUCH INDIVIDUAL'S ACCOUNT OR
ACCOUNTS VIA ELECTRONIC MAIL, OR IF THE INDIVIDUAL PREFERS, THROUGH ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03585-01-5
A. 1721 2
OTHER METHOD OF NOTIFICATION. SUCH NOTIFICATION SHALL STATE THAT THE
BANK'S OVERDRAFT SERVICE HAS GONE INTO EFFECT AND SHALL LIST ANY FEES
AND PENALTIES ASSOCIATED WITH SUCH SERVICE.
§ 3. This act shall take effect immediately.