I 
109TH CONGRESS 
1ST SESSION H. R. 4414 
To amend the Electronic Fund Transfer Act to require notice to the consumer 
before any fee may be imposed by a financial institution in connection 
with any transaction for any overdraft protection service provided with 
respect to such transaction, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2005 
Mr. MEEK of Florida (for himself and Mr. RYAN of Ohio) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To amend the Electronic Fund Transfer Act to require notice 
to the consumer before any fee may be imposed by 
a financial institution in connection with any transaction 
for any overdraft protection service provided with respect 
to such transaction, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Overdraft Fee Notifi-
cation Act’’.
SEC. 2. NOTIFICATION OF OVERDRAFT FEE. 
(a) IN GENERAL.—Section 905 of the Electronic 
Fund Transfer Act (15 U.S.C. 1693c) is amended by add-
ing at the end the following new subsection: 
‘‘(d) NOTIFICATION OF OVERDRAFT FEE FOR IN- 
PERSON, AUTOMATED, TELEPHONIC, AND INTERNET- 
BASED TRANSACTIONS.— 
‘‘(1) IN GENERAL.—In the case of any financial 
institution that provides any overdraft protection 
service to any consumer on a flat, per-transaction 
basis in connection with a withdrawal from or debit 
of the consumer’s account at the financial institution 
in a transaction described in paragraph (2) that 
would result in an overdraft of such consumer ac-
count, no fee or charge may be imposed for such 
overdraft protection service unless the notice re-
quired by this subsection has been provided to the 
consumer, in the manner required under this sub-
section, before the completion of the transaction that 
would result in an overdraft. 
‘‘(2) SCOPE OF APPLICATION.—Paragraph (1) 
shall apply to any withdrawal from or debit of a con-
sumer’s account at a financial institution in a trans-
action initiated by the consumer as an electronic 
fund transfer or in person at a branch of the finan-
cial institution staffed by employees of the financial 
institution. 
‘‘(3) AUTOMATED
TELLER
MACHINE
TRANS-
ACTIONS.—In the case of any electronic fund trans-
fer initiated by a consumer at any automated teller 
machine, whether or not such machine is maintained 
by the financial institution that holds the account of 
the consumer initiating the transaction, the fol-
lowing disclosure rules shall apply: 
‘‘(A) BALANCE REQUESTS.— 
‘‘(i) IN GENERAL.—In the case of a 
request by the consumer at the automated 
teller machine for balance information, the 
display provided on the machine shall pro-
vide such information in a manner that 
differentiates between— 
‘‘(I) the funds available in the ac-
count that are attributable to deposits 
by or on behalf of the consumer; and 
‘‘(II) funds available to the cus-
tomer from the institution in connec-
tion with an overdraft protection serv-
ice. 
‘‘(ii) OVERDRAFT PROTECTION SERV-
ICE FEE AMOUNT.—On the same screen of
the automated teller machine referred to in 
clause (i), the display shall provide infor-
mation on any fee that would be imposed 
for the provision of any overdraft protec-
tion service provided in connection with the 
transaction. 
‘‘(B) WITHDRAWAL OR TRANSFER.—In the 
case of a request by the consumer at the auto-
mated teller machine to initiate an electronic 
fund transfer that can be completed only if an 
overdraft protection service is provided to the 
consumer, the display provided on the machine 
shall provide the following notice, with the 
blanks filled in appropriately, and the option for 
the consumer to accept or decline the service: 
‘This request exceeds your funds available and 
will result in an overdraft of $ll and the im-
position of a fee from your financial institution 
of $ll. To accept this fee and continue with 
your transaction, press ‘‘ACCEPT’’. To termi-
nate this transaction, press ‘‘DECLINE’’.’. 
‘‘(4) AUTOMATED
POINT
OF
SALE
TRANS-
ACTION.—In the case of any electronic fund transfer 
initiated by a consumer at any automated point-of- 
sale machine that can be completed only if an over-
draft protection service is provided to the consumer 
for a fee, the following disclosure rules shall apply 
to the extent a screen operated in conjunction with 
the machine is available to the consumer for effec-
tuating the transaction: 
‘‘(A) NOTICE
OF
OVERDRAFT.—The dis-
play provided on the machine shall provide the 
following notice and the option for the con-
sumer to continue or discontinue the trans-
action: 
‘Transaction will result in an overdraft of 
$ll. To continue with your transaction, press 
‘‘CONTINUE’’. To terminate this transaction, 
press ‘‘NO’’.’. 
‘‘(B) NOTICE OF FEE.—If the consumer 
referred to in subparagraph (A) continues with 
the transaction, the display provided on the ma-
chine shall provide the following notice and the 
option for the consumer to accept or decline the 
fee: 
‘A fee of $ll will be imposed for the over-
draft. To accept this fee and continue with your 
transaction, press ‘‘ACCEPT’’. To terminate 
this transaction, press ‘‘DECLINE’’.’.