Bank of America overdraft fees and the CFPB 2023 order in New York City, NY (2026)

By Pablo Diaz · I left BoA after years as a customer. Read the full story →

Auditing your bank's fee schedule is not glamorous work, but it is one of the highest-ROI hours a small business operator in New York City can spend. This page is the BoA-specific version of that audit.

Overdraft fees and the CFPB 2023 order

Bank of America overdraft fees were the subject of the 2023 CFPB enforcement order, which cited Bank of America for double-charging overdraft fees and ordered $250M total in penalties and restitution. The current BoA overdraft schedule is published on their fee disclosure page. For a New York City business, the practical takeaway is twofold: (1) verify your current overdraft posture matches what BoA represents, and (2) if you have historical overdraft charges that look stacked, file a CFPB complaint with documentation. CFPB 2023 order: https://www.consumerfinance.gov/about-us/newsroom/cfpb-orders-bank-of-america-to-pay-150-million-penalty-for-illegally-charging-junk-fees-withholding-credit-card-rewards-and-opening-fake-accounts/. CFPB complaint database: https://www.consumerfinance.gov/data-research/consumer-complaints/search/?company=BANK%20OF%20AMERICA%2C%20NATIONAL%20ASSOCIATION.

New York City context

Most New York City business owners I see auditing fees compare BoA vs Mercury or RHO. The fee structure below is the BoA-side data. Mercury and RHO sides are at noizz.io/business-banking/new-york-city-ny.

Public regulator record on BoA fees

• CFPB 2023 enforcement order — $250M total — junk fees, double-charged overdraft fees, withheld credit-card rewards, fake accounts.
• CFPB Consumer Complaint Database — Bank of America — public, searchable, tens of thousands of complaints (a large share fee-related).
• BoA business checking fee disclosure — source-of-truth for current published rates. Verify before acting.

If you want to dispute a BoA fee in New York City

1. Pull the statement showing the fee. Screenshot it.
2. Compare against BoA's published fee schedule. If it does not match, document the discrepancy.
3. Request a written explanation through BoA secure message. Save the response.
4. If the explanation is unsatisfactory, file a CFPB complaint at consumerfinance.gov/complaint with the documentation. Free, public, and tends to get a documented response.
5. For overdraft-fee disputes specifically: reference the CFPB 2023 order in your complaint if your situation matches the practices it cited.

Other NY cities

• BoA fees in Brooklyn, NY
• BoA fees in Queens, NY
• BoA fees in Bronx, NY
• BoA fees in Staten Island, NY
• BoA fees in Yonkers, NY
• BoA fees in New Rochelle, NY
• BoA customer-experience review for New York City →
• New York City consumer-banking rights →
• Compare 50+ business banks for New York City (Noizz) →