Mark Mangano is Counsel with Jackson Kelly, PLLC. Mark is a former community bank CEO and owner. He focuses his practice on assisting clients with strategic planning, corporate governance, banking regulation, vendor management, and mergers and acquisitions. Contact Mark at 304-670-0441 or mark.mangano@jacksonkelly.com. in determining whether to cite a bank for unfair or deceptive practices. The FDIC also indicates that its evaluation of whether a bank has met its remediation obligations will be based upon the bank’s ability to retrieve, review, and analyze re-presentment data. Conclusion The Guidance suggests a supervisory emphasis by the FDIC in evaluating how NSF practices and procedures may present unfair or deceptive practices. While the Guidance does not have the force and effect of law and the recommendations contained therein are not mandatory, it does indicate how the FDIC proposes to enforce other laws. All banks, including those that have not changed their NSF practices since a prior satisfactory compliance examination, should expect that their NSF procedures will be scrutinized. Banks should carefully consider the recommendations contained in the Guidance as they evaluate the risks associated with their NSF practices. Evaluating whether representment NSF fee practices potentially violate regulatory standards may require examining many factors and exercising informed judgment regarding the subjective standards discussed in the Guidance. 1 https://www.fdic.gov/news/financial-institution-letters/2022/ fil22040a.pdf Pub. 13 2022 I Issue 3 Fall 29 West Virginia Banker
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