Cuomo Signs Legislation Requiring Banks To Prevent Overdraft Fees

Governor Cuomo in New York signed legislation requiring banks to take several actions that prevent overdraft fees into law.

The legislation requires banking institutions that maintain checking accounts to pay checks in the order they are received. So if a bank receives a check for a greater amount of money than the balance in the account, the bank may decline to pay the check. Also according to this new law, the banking institution must honor any smaller checks that can be paid with the existing account balance.

"The COVID pandemic had a devastating effect on our economy and as a result, many New Yorkers still struggle to pay their bills, and the arbitrary overdraft fees that banks have continued to issue only add insult to injury," Governor Cuomo said. "This legislation will require banks to take several actions that reduce the opportunities for charging overdraft fees and keep more money in New Yorkers' pockets. We continue to face the economic impacts of the COVID-19 pandemic and this commonsense bill will help many of the state's residents who need it most."

Under New York's current law, if a banking institution receives a check for a larger amount of money than the funds in the account, it will not only dishonor that check, but all subsequent checks, even if there are sufficient funds in the account to pay them. This new legislation requires banks to honor subsequent checks if they can be paid using funds in the account.

If you want more on this new law, you can read all the official conditions from the Governors website.