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H.R. 3904 111th Congress House

Overdraft Protection Act of 2009

Official title: To amend the Truth in Lending Act to establish fair and transparent practices related to the marketing and provision of overdraft coverage programs at depository institutions, and for other purposes.

Introduced: November 5, 2009 See on congress.gov
Finance and Financial Sector Administrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulationCongressional oversight
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Consumer affairsConsumer creditFederal Reserve SystemMarketing and advertising
This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) 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
Oct 22, 2009
Referred to the House Committee on Financial Services.
Oct 22, 2009
Introduced in House
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 Latest action October 22, 2009

Referred to the House Committee on Financial Services.

 Plain-English summary Congressional Research Service

Overdraft Protection Act of 2009 - Amends the Truth in Lending Act to prohibit a depository institution from engaging in unfair or deceptive acts or practices in connection with overdraft coverage, or in acts designed to evade the provisions of this Act.

Requires each depository institution that provides overdraft coverage for transaction accounts to clearly and conspicuously disclose overdraft coverage fees.

Subjects overdraft coverage fees to the consumer's written, electronic, or other consent.

Requires a depository institution to provide specified consumer disclosures regarding its overdraft protection program, including: (1) periodic statements for any transaction account that has an overdraft coverage program feature; and (2) prompt notification of the account's overdraft status.

Prescribes overdraft coverage fee limits.

Prohibits an overdraft coverage fee if the overdraft results solely from a debit hold amount that exceeds the actual dollar amount of the transaction.

Requires a depository institution to provide consumers who have not consented to participate in an overdraft coverage program transaction accounts with the same terms as those provided to consumers who have consented to participate in such program.

Prohibits a depository institution from charging a non-sufficient fund fee for any transaction at an automated teller machine, or a debit card transaction.

Prohibits a depository institution from reporting negative information regarding consumer use of overdraft coverage to any consumer reporting agency when the overdraft amounts and coverage fees are paid under the terms of an overdraft coverage program.

 Related & companion bills 1
 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. 3904: Overdraft Protection Act of 2009. 111th Congress. Open America. https://openamerica.io/bill/111-HR-3904/
MLA
"H.R. 3904: Overdraft Protection Act of 2009." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-3904/.
Bluebook (legal)
H.R. 3904, 111th Cong. (2026), https://openamerica.io/bill/111-HR-3904/.
Markdown link
[H.R. 3904: Overdraft Protection Act of 2009](https://openamerica.io/bill/111-HR-3904/)
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