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HR 5410 108th Congress House

Consumer Checking Account Fairness Act

Official title: To amend the Expedited Funds Availability Act to redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits, and for other purposes.

Introduced: December 7, 2004 See on congress.gov
Finance and Financial Sector Administrative procedureAutomated clearing housesAutomated teller machinesBank accounts
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Bank depositsChecksCommerceConsumer protectionEconomics and Public FinanceFederal Reserve SystemFederal preemptionFeesFinancial statementsGovernment Operations and PoliticsGovernment paperworkIndexing (Economic policy)LawState lawsUser charges
This bill died when the 108th Congress ended
It never became law before the 108th Congress (2003–2004) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 19, 2004
Referred to the House Committee on Financial Services.
Nov 19, 2004
Introduced in House
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 Latest action November 19, 2004

Referred to the House Committee on Financial Services.

 Plain-English summary Congressional Research Service

Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act (Check 21 Act) or its implementing regulations; or (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations.

Extends the next business day availability requirement to funds deposited at a proprietary ATM.

Sets a limit upon certain overdraft fees imposed during a check hold period.

Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment.

Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received.

Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks.

Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds (bounce protection) unless the accountholder has requested check protection service.

Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges against the account without regard to whether a substitute check was involved or not.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 5410: Consumer Checking Account Fairness Act. 108th Congress. Open America. https://openamerica.io/bill/108-HR-5410/
MLA
"H.R. 5410: Consumer Checking Account Fairness Act." 108th Congress, 2026, Open America, https://openamerica.io/bill/108-HR-5410/.
Bluebook (legal)
H.R. 5410, 108th Cong. (2026), https://openamerica.io/bill/108-HR-5410/.
Markdown link
[H.R. 5410: Consumer Checking Account Fairness Act](https://openamerica.io/bill/108-HR-5410/)
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