News & Analysis as of

NYDFS Fees

Cooley LLP

NYDFS Proposes Limits on Overdraft and NSF Fees

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On January 22, 2025, the New York State Department of Financial Services (NYDFS) announced proposed regulations that would limit fees associated with overdrafts, nonsufficient funds (NSF) transactions and returned deposit...more

Holland & Knight LLP

Overdraft Free? New York's Pre-Proposed Outreach on Bank Fees

Holland & Knight LLP on

Insufficient funds transactions occur when consumers issue a payment order (a check, some other written order or an electronic debit) against funds in their bank account, and the account lacks sufficient funds to cover the...more

Sheppard Mullin Richter & Hampton LLP

New York Proposes Limits on Overdraft and NSF Fees

On January 23, 2025 the New York Department of Financial Services (NYDFS) announced proposed regulations to curb overdraft fees and insufficient funds fees charged by banks in New York. The proposed rules aim to protect...more

Ballard Spahr LLP

NY State Department of Financial Services issues proposed overdraft rule

Ballard Spahr LLP on

The New York State Department of Financial Services has released a proposed rule that would regulate overdraft, non-sufficient funds (NSF), and return deposit item fees charged by banks, trust companies, savings banks,...more

Orrick, Herrington & Sutcliffe LLP

New York Governor Hochul proposes new financial protections

On January 14, Governor Kathy Hochul announced new proposals to protect New York consumers as part of her 2025 State of the State. Her proposals included legislation to: (i) combat algorithmic price discrimination by...more

Venable LLP

Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures

Venable LLP on

One of the questions that remains uncertain among looming federal and state “junk fee” and “drip pricing” bans in 2024 concerns the impact these rules will have on credit card surcharges. Surcharges are added to sale...more

Orrick, Herrington & Sutcliffe LLP

NY state court granted decision to continue its new check cashing fee methodology

On December 7, the Supreme Court of the State of New York granted a motion to dismiss a challenge made to NYDFS’s check cashing regulation and ruled in favor of NYDFS. As previously covered in InfoBytes, the January...more

Hudson Cook, LLP

New York Moves to Vest DFS With Control Over Certain Deposit Charges

Hudson Cook, LLP on

Over the past year, there have been numerous efforts by federal regulators - in particular the Consumer Financial Protection Bureau - to rein in "junk fees." The CFPB defines a "junk fee" to be an unnecessary and unavoidable...more

Orrick, Herrington & Sutcliffe LLP

New York FY 2024 budget proposes to end unfair overdraft practices

On February 1, the New York governor released the state’s FY 2024 budget proposal, which includes measures for ending certain bank overdraft and insufficient fee practices. ...more

Orrick, Herrington & Sutcliffe LLP

NYDFS issues check-cashing fee regulations

On January 18, NYDFS announced that it has adopted an updated check cashing regulation. As previously covered by InfoBytes, NYDFS issued a proposed check cashing regulation in June 2022, following an emergency regulation...more

Shipkevich PLLC

NYDFS Issues Proposed Rule Establishing Process to Assess Operating Costs for Virtual Currency Businesses Licensed in New York

Shipkevich PLLC on

On December 1, 2022, the New York Department of Financial Services (NYDFS) issued a press release regarding a proposed regulation that details how licensed virtual currency businesses would be assessed for supervision and...more

Pillsbury Winthrop Shaw Pittman LLP

New York to Require Crypto Companies to Pay Assessment Fees

New York will for the first time require companies that hold a BitLicense to pay annual assessment fees. The new fee will increase the already high cost of obtaining a BitLicense and operating a crypto business in New...more

White and Williams LLP

New York State Enacts Small Business Truth in Lending Law

White and Williams LLP on

On December 23, 2020, New York Governor Andrew Cuomo signed into law Senate Bill S5470B (Small Business Truth in Lending Law), which imposes new requirements on certain providers of commercial financing. Aimed at protecting...more

Ballard Spahr LLP

New York Issues Final Mortgage Servicing Regulations

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On December 18, 2019, the New York Department of Financial Services (DFS) issued its Final Regulations detailing the business conduct rules for mortgage loan servicers. ...more

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