Overdraft Litigation: Trends & Accepted Procedures

Date:

Dec 18, 2025

Register

Overdrafts remain a leading source of litigation, regulatory attention, and reputational risk for financial institutions.

Would your overdraft program stand up to litigation? Are changes needed to avoid regulatory scrutiny? This important program will break down the latest court decisions, class-action theories, and regulatory guidance – and provide compliance steps your institution can implement now.

Agenda

December 18, 2025
11:00am - 12:30pm EST

Plaintiffs’ attorneys continue to challenge overdraft fees under state unfair practices laws, contract theories, and federal regulations. Meanwhile, regulators have sharpened their focus on disclosure clarity, posting order practices, and repeated NSF/overdraft fee charges. This webinar will provide a comprehensive update on recent overdraft litigation trends and practical guidance on accepted industry procedures to reduce exposure.

Topics

AFTER THIS WEBINAR YOU’LL BE ABLE TO:

  • Define CFPB and other regulatory expectations on overdraft disclosures and fee practices
  • Understand how ledger versus available balance issues are driving lawsuits
  • Explain emerging plaintiff theories for financial institution liability
  • Detail the terms for account agreements, fee schedules, and marketing to avoid ambiguities and potential liability
  • Develop procedures for overdraft program design, accountholder communication, and complaint handling
Speaker(s)

Shelli Clarkston
Spencer Fane LLP

Shelli Clarkston is an attorney with Spencer Fane LLP where she provides financial institutions with proactive legal counsel on regulatory and compliance matters. She received her law degrees from the University of Missouri – Kansas City and her undergraduate degree from the University of Nebraska – Lincoln. In addition, she has a master’s degree from Doane University.

Before joining Spencer Fane, Shelli was the Risk and Compliance Officer for a financial services technology platform with one of the world’s largest technology companies. She oversaw the platform’s regulatory compliance and handled all risk-related matters. She also has experience as general counsel for a community bank, where she managed all legal, regulatory, compliance, and corporate matters.

Additional Information

WHO SHOULD ATTEND?

This informative session is designed for compliance, risk, and audit officers, deposit operations staff, in-house counsel, executive management, and the board of directors.

TAKE-AWAY TOOLKIT

  • Overdraft litigation risk checklist
  • Employee training log
  • Interactive quiz
  • PDF of slides and speaker’s contact info for follow-up questions
  • Attendance certificate provided to self-report CE credits

NOTE: All materials are subject to copyright. Transmission, retransmission, or republishing of any webinar to other institutions or those not employed by your institution is prohibited. Print materials may be copied for eligible participants only.

Fees

Live Webinar - $279

  • Unlimited connections for your institution
  • Available on desktop, mobile & tablet
  • Take-away toolkit
  • Presenter’s contact info for questions

On-Demand Webinar - $279

  • Unlimited & shareable access starting two business days after live stream
  • Available on desktop, mobile & tablet devices 24/7
  • Take-away toolkit
  • Ability to download webinar video
  • Presenter's contact info for questions

Live + On-Demand - $379

Get the best of both and save when you Bundle the Live & On-Demand Webinar registration! This option includes all the items listed above.

**100% surcharge applied to non-members.

Association Contact

Katie Yates
Education Coordinator
o: 317-387-9380
d: 317-333-7162
kyates@indiana.bank