We track our expenses chronologically. But some banks have decided that's the wrong way to do it. Rather than trust our judgments as adults to manage our finances and be responsible about balancing our incomes versus our expenses, some banks choose to treat us like children. Since our mortgage and car payments are some of the largest and most important payments we make, banks argue that they are merely assuring those big payments get made first.
In the best case that is called infantilizing... Worst case: gouging. When I write my mortgage check every month, I know for darn sure there's enough money in my checking account to cover it. The same goes for my car payment. To do otherwise would be self-destructive.
Conversely, I can understand going over the limit on smaller charges. If I buy a pack of gum or a tank of gas when I know I'm close to my limit, but I think I can just squeak by, that's a guess that we adults make. Often we're right, sometimes we're wrong. Few adults blow their paychecks on Furbys and remote-controlled helicopters. Either way, that's our decision to make. (And for those who roll the dice and get snake eyes, they will suffer the consequences, including an average overdraft fee of $30 to $35.)
But banks don't get to rule by the laws of "because I said so." That's a parent trap. Yet in the name of protecting us from ourselves, financial services institutions do exactly that. As of last summer, Bank of America, JPMorgan Chase, Wells Fargo and Capital One, among others, all processed at least some transactions from biggest to smallest.
Time for a Time-Out
Since our self-appointed financial guardians will not stop of their own accord, federal legislation is the only answer here. Provided it doesn't get buried by the banking lobby, help is on the way. Rep. Carolyn Maloney, D-N.Y., plans to reintroduce legislation she first proposed last year to reform bank overdraft practices. Among other things, the bill would prohibit institutions from manipulating the order of transactions to maximize overdraft fees.
"While some banks have instituted more consumer-friendly overdraft policies -- and they should be applauded -- consumers need and deserve the uniform protections a federal statute can bring," Congresswoman Maloney said in an email. "That's why I'm planning to reintroduce my Overdraft Protection Act shortly."
Consumers like Veronica Gutierrez don't need banks to quadruple the amount of punitive fees they must pay, especially not under the motherly (or fatherly) assumption that banks know what's best for you.
Rep. Maloney's bill is a logical response, and I hope it becomes law during this session of Congress. It's time to put a stop to the billions of dollars that banks are draining from consumers by way of sneaky overdraft fees.
Anyway, last time I checked, our mothers do what they do to protect us, not profit from us -- that's what evil stepmothers do.
Adam Levin is chairman and cofounder of Credit.com and Identity Theft 911. His experience as former director of the New Jersey Division of Consumer Affairs gives him unique insight into consumer privacy, legislation and financial advocacy. He is a nationally recognized expert on identity theft and credit.