- ConsumersPreserves CFPB guidance that curbs improper overdraft opt-in practices, protecting consumers from unexpected fees.
- Federal agenciesMaintains regulatory clarity for banks and credit unions by keeping established federal guidance in effect.
- ConsumersLikely reduces instances of consumers incurring avoidable overdraft charges linked to opt-in practices.
Disapprove CFPB Consumer Financial Protection Circular 2024-05: Improper Overdr…
Referred to the House Committee on Financial Services.
Congress is using the Congressional Review Act to overturn an agency action. The resolution declares that the CFPB rule that would withdraw Consumer Financial Protection Circular 2024-05 has no force or effect. If enacted, that disapproval would stop the withdrawal from taking effect and generally prevents the agency from issuing a substantially similar rule in the future unless Congress passes new law. The CRA gives these disapproval measures a special path in Congress to move more quickly than ordinary legislation.
The rule submitted by the Bureau of Consumer Financial Protection that would withdraw Consumer Financial Protection Circular 2024-05: Improper Overdraft Opt-In Practices (90 Fed. Reg. 20084 (May 12, 2025)).
Bureau of Consumer Financial Protection (CFPB)
This is a joint resolution under the Congressional Review Act, so it must be passed by both chambers and be signed by the President to take effect; the Senate has expedited procedures for CRA disapprovals that prevent a filibuster and allow passage by a simple majority. These measures are subject to a statutory time window after the agency submitted the rule.
This joint resolution, under the Congressional Review Act, disapproves a Bureau of Consumer Financial Protection (CFPB) rule that would have withdrawn Consumer Financial Protection Circular 2024–05 concerning improper overdraft opt-in practices.
If enacted, the resolution nullifies the CFPB's submitted rule (90 Fed.
Reg. 20084 (May 12, 2025)) so that the original circular (89 Fed.
Content is narrow and administratively simple, improving odds, but partisan stakes and bicameral hurdles reduce likelihood.
Relative to its intended legislative type, this bill is a narrowly tailored Congressional Review Act disapproval that successfully and unambiguously identifies the agency action to be nullified and invokes the statutory disapproval remedy, but it omits discussion of transitional effects, fiscal implications, and follow-on oversight.
Left emphasizes consumer protection; right emphasizes regulatory burden and agency overreach.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesIntervenes in agency rulemaking, limiting the CFPB's discretion to revise or withdraw guidance.
- Potential burdenImposes compliance and administrative costs on financial institutions required to follow the Circular.
- Potential burdenCould prompt financial institutions to change product offerings or shift fees to other services.
Why the argument around this bill splits.
Left emphasizes consumer protection; right emphasizes regulatory burden and agency overreach.
Likely strongly supportive because the resolution blocks a rollback of a consumer-protection circular addressing overdraft opt-in abuses.
Supporters will view it as preserving safeguards for low-income bank customers and preventing financial industry backsliding.
Generally supportive of preserving consumer protections but cautious about using a Congressional Review Act resolution to block an agency withdrawal.
Sees benefits in regulatory stability but worries about precedent and compliance costs.
Likely opposed because the resolution blocks the CFPB's action to withdraw guidance, which conservatives view as preserving regulatory overreach.
Prefers agency flexibility and less prescriptive federal guidance on banking practices.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Content is narrow and administratively simple, improving odds, but partisan stakes and bicameral hurdles reduce likelihood.
- No official cost or budgetary estimate included
- Strength of congressional majority for disapproval unknown
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Left emphasizes consumer protection; right emphasizes regulatory burden and agency overreach.
Content is narrow and administratively simple, improving odds, but partisan stakes and bicameral hurdles reduce likelihood.
Relative to its intended legislative type, this bill is a narrowly tailored Congressional Review Act disapproval that successfully and unambiguously identifies the agency action to be nullified and invokes the statutory…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.