S T A T E O F N E W Y O R K
________________________________________________________________________
6753
2025-2026 Regular Sessions
I N A S S E M B L Y
March 11, 2025
___________
Introduced by M. of A. HUNTER, SAYEGH -- read once and referred to the
Committee on Banks
AN ACT to amend the banking law, in relation to requiring a written
notification of overdraft fees charged to certain account holders
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 9-e to
read as follows:
§ 9-E. FEES BASED ON OVERDRAFT OF ACCOUNT; NOTIFICATION. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRA-
RY, ANY FINANCIAL INSTITUTION SUBJECT TO THE PROVISIONS OF THIS CHAPTER,
INCLUDING ANY BANK, TRUST COMPANY, SAVINGS BANK, SAVINGS AND LOAN ASSO-
CIATION, CREDIT UNION, MORTGAGE BROKER, MORTGAGE BANKER, OR OTHER
INVESTMENT ENTITY, WHETHER HEADQUARTERED WITHIN OR OUTSIDE THE STATE,
WHICH PROVIDES AN ACCOUNT TO A CUSTOMER SHALL PROVIDE WRITTEN NOTICE OF
FEES CHARGED DUE TO OVERDRAFT OF AN ACCOUNT EVERY ONE HUNDRED EIGHTY
DAYS. SUCH NOTICE SHALL INCLUDE:
(A) DATES AND AMOUNTS OF OVERDRAFT FEES;
(B) THE TOTAL AMOUNT CHARGED;
(C) INFORMATION ON THE CUSTOMER'S ABILITY TO NEGOTIATE FEES; AND
(D) A TELEPHONE NUMBER AND FULL CONTACT INFORMATION FOR A REPRESEN-
TATIVE OF THE FINANCIAL INSTITUTION RESPONSIBLE FOR RESOLVING ANY MATTER
RELATING TO SUCH FEE.
2. A NOTIFICATION BY ELECTRONIC MEANS SHALL SATISFY THE WRITING
REQUIREMENT FOR THE PURPOSES OF THIS SECTION IF SUCH OPTION IS SELECTED
BY THE ACCOUNT HOLDER.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08601-01-5