What Happens If You Overdraft Your Checking Account?
Short answer
An overdraft happens when you spend more than is in your account and the bank pays the transaction anyway. You then owe the bank the amount you went over, and usually an overdraft fee on top. For ATM withdrawals and one-time debit card purchases, federal rules say a bank cannot charge that fee unless you opted in. Checks, automatic bill payments, and other electronic payments can still trigger a fee even if you never opted in.
The short version
An overdraft is when you do not have enough money in your account to cover a transaction, but the bank pays it anyway. That is the CFPB’s definition. Two things follow: your balance goes negative, and you usually owe a fee as well as the amount you went over.
Whether you can be charged that fee depends on how you spent the money. For ATM withdrawals and one-time debit card purchases, the bank needs your permission first. For checks and automatic payments, it does not.
What happens, step by step
When a transaction comes in for more than you have, the bank has a choice.
- It pays the transaction. Your account goes below zero. The CFPB says banks with overdraft programs generally charge a fee for this, on top of requiring you to repay the overdraft amount.
- It declines or returns the transaction. A debit card purchase is declined at the register. A check or automatic payment can be returned unpaid. The CFPB says a returned item can still cost you a non-sufficient funds (NSF) fee from the bank, often the same amount as an overdraft fee, and the merchant may add a returned item fee of its own.
The CFPB lists the ways you can overdraw: checks, ATM transactions, debit card purchases, automatic bill payments, and electronic or in-person withdrawals.
The debit card and ATM opt-in rule
This is the part most new account holders do not know about.
Under Regulation E, at 12 CFR 1005.17, a bank cannot charge an overdraft fee for paying an ATM withdrawal or a one-time debit card purchase unless it has:
- given you a written or electronic notice describing its overdraft service,
- given you a reasonable chance to opt in,
- received your affirmative consent, and
- sent you a confirmation that includes your right to revoke that consent.
The CFPB calls this an opt-in system, not an opt-out one. If you never said yes, you are not enrolled. The CFPB’s official interpretation says the opt-in covers one-time debit card purchases at a register, online, or by phone.
Here is what the rule does and does not cover.
| How you spent the money | Can the bank charge an overdraft fee if you never opted in? |
|---|---|
| ATM withdrawal | No |
| One-time debit card purchase (in store, online, or by phone) | No |
| Paper check | Yes, if its account terms allow it |
| Recurring debit card payment, like a subscription | Yes, if its account terms allow it |
| ACH or automatic bill payment | Yes, if its account terms allow it |
The CFPB’s Circular 2024-05 confirms these rules do not apply to overdraft fees on checks, recurring debit transactions, or ACH transactions. Some banks let you opt out of overdrafts on those too, the CFPB says, though you may then face an NSF fee instead.
Two more details from the rule:
- A bank can pay without your opt-in, but cannot charge for it. If a bank pays a debit or ATM overdraft without your consent, it may not charge a fee. It can still take the overdrawn amount back from your account.
- Opting in does not guarantee approval. The CFPB says that even if you opted in, the bank can still decline a debit purchase that would overdraw your account.
You can change your mind any time
The rule gives you a continuing right to opt in or revoke. You can revoke consent at any time, using the same methods the bank offered for opting in, and the bank must act on it as soon as reasonably practicable. Your consent lasts until you revoke it or the bank ends the service.
If the account is joint, the rule treats an opt-in or a revocation by any one account holder as applying to the whole account.
Revoking does not undo the past. The OCC says it does not require the bank to reverse fees already charged, but it does prevent future fees on one-time debit card overdrafts.
Why the fees can stack up
A single bad day can produce more than one fee. Here is why, according to federal regulators.
- Posting order is not purchase order. The OCC says transactions do not necessarily post in the order you made them. The bank’s posting policy is in your account agreement.
- Deposits are not always available right away. The OCC says banks do not have to make deposited funds available immediately, and a deposit made after a cutoff time may count as made the next business day. The CFPB warns you can overdraw even after you just made a deposit.
- Daily limits vary. The CFPB says some banks set their own maximum number of overdrafts per day. The opt-in notice under the rule must state that maximum, or say there is no limit.
- Bounced checks can come back. The OCC says a bank may try to deposit an NSF check two or three times, no law sets the number, and a fee can be charged each time.
- No one has to warn you. The OCC says a bank is not required to notify you when a check bounces for insufficient funds.
Federal law does not set a maximum overdraft fee, the OCC says. Your bank’s fee schedule is the only place to find the actual number.
Cheaper ways to cover a shortfall
The CFPB describes alternatives to a standard overdraft program:
| Option | How it works | What it can cost |
|---|---|---|
| Linked savings account | The bank moves money from your savings to cover the gap | The CFPB says there usually is a fee, generally less than an overdraft fee |
| Overdraft line of credit | A credit line covers the overdraft, if you qualify | A fee plus interest, usually lower than a per-item overdraft fee, per the CFPB |
| Linked credit card | The card covers the overdraft | A disclosed fee is allowed, and the CFPB says it will probably count as a cash advance, with interest starting right away at the cash advance rate |
| Not opting in for debit and ATM | The bank may decline purchases that would overdraw | No overdraft fee on those transactions |
The CFPB also notes that many banks and mobile banking companies are reducing or eliminating overdraft fees. Ask about a specific account’s terms before you open it.
Worked example
This is an illustration, not a real person or bank. Rosalind has $40 in checking. On Thursday she buys $55 of groceries with her debit card. That night, a $15 streaming subscription charges the same card as a recurring payment.
- If she never opted in: The grocery purchase is a one-time debit card transaction, so the bank cannot charge an overdraft fee for paying it. The bank may decline it at the register instead. The subscription is a recurring debit payment, so the opt-in rule does not protect it, and her account terms decide whether it is paid with a fee, returned with an NSF fee, or declined.
- If she opted in when she opened the account: The bank can pay the groceries and charge its overdraft fee, or still decline them. The subscription then hits an account that is already negative, which may mean a second fee, depending on the bank’s per-day limit.
Rosalind calls her bank, asks whether she is opted in, revokes debit overdraft coverage, and links her savings account for transfers. Then she sets a low-balance alert.
Checklist for a new checking account
- [ ] Ask whether you are opted in to overdraft for debit and ATM transactions. Revoke it if you do not want it.
- [ ] Find the overdraft fee, the NSF fee, and the daily maximum in the fee schedule.
- [ ] Read the posting order section of your account agreement.
- [ ] Ask what a linked savings transfer costs.
- [ ] Turn on low-balance alerts if your bank offers them. The CFPB says they can warn you before you overdraw.
- [ ] Write down the dates and amounts of your automatic payments, as the CFPB suggests, so payday lands before they do.
If you are already overdrawn
Bring the balance back above zero as soon as you can, since you owe the amount you went over. Then call the bank. Ask whether you are opted in, and ask whether it will waive the fee. Nothing in federal law requires it to, so treat it as a request.
If you were charged a debit card overdraft fee and do not believe you opted in, the CFPB says you may file a complaint with it. Its Circular 2024-05 says a bank can violate federal law if it has no proof that it obtained your consent.
Related reading
Build a buffer so this happens less often with a budget for your first paycheck. Before you move money into an app to avoid fees, check whether that money is FDIC insured.
Common questions
Did I opt in to overdraft without knowing it?
Possibly, if you checked a box when you opened the account. A bank can ask you to choose yes or no on overdraft for debit and ATM as a step in opening the account. Under the rule, it must then send you a written or electronic confirmation that tells you how to revoke consent. If you are not sure, ask the bank directly whether you are opted in.
If I opt out, will the bank refund fees I already paid?
Not automatically. The OCC says revoking consent does not require the bank to waive or reverse fees already charged, but it stops future overdraft fees on one-time debit card transactions. You can still ask for a refund. Whether you get one is up to the bank.
Is there a legal cap on overdraft fees?
Federal law does not set a maximum overdraft fee, according to the OCC. Banks set their own fees, must disclose them when you open the account, and must give advance notice of an increase. The opt-in notice must list the fee and the most overdraft fees the bank can charge in one day, or say there is no limit.
Can I close my account to stop the fees?
Usually not while it is negative. The OCC says a bank generally will not close a checking account that is overdrawn and keeps it open until the balance is brought current.
What if the bank charged a debit overdraft fee and I never opted in?
Contact the bank first and ask for proof of your opt-in. The CFPB says you may file a complaint with it if you do not believe you authorized debit overdraft coverage and were charged a debit overdraft fee.
Sources
- CFPB, What is an overdraft? (last reviewed Jan. 31, 2024)
- CFPB, What can I do if my bank charged me a fee for overdrawing my account? (last reviewed Dec. 18, 2024)
- CFPB, How can I avoid debit card overdrafts? (last reviewed Aug. 30, 2024)
- CFPB, If I opted into debit overdraft, can the bank still decline a debit purchase? (last reviewed Sept. 5, 2024)
- CFPB, If I link my credit card to my checking account to cover overdrafts, can I be charged a fee? (last reviewed Aug. 25, 2020)
- CFPB, How many overdrafts can I get in a single day? (last reviewed Jan. 31, 2024)
- eCFR, 12 CFR 1005.17, Requirements for overdraft services (Regulation E)
- CFPB, Official interpretation of 12 CFR 1005.17 (Supplement I)
- CFPB, Consumer Financial Protection Circular 2024-05: Improper Overdraft Opt-In Practices
- OCC HelpWithMyBank, Overdraft consent for one-time debit card transactions
- OCC HelpWithMyBank, Is there a limit on overdraft fees?
- OCC HelpWithMyBank, Why did the bank pay my largest check first?
- OCC HelpWithMyBank, How can my account be overdrawn when I just made a deposit?
- OCC HelpWithMyBank, How many times can an NSF check be resubmitted?
- OCC HelpWithMyBank, Does the bank have to tell me when a check bounces?
- OCC HelpWithMyBank, Why won't the bank close my overdrawn account?