Ban banks' debit card fees? State Rep. Clemens says it can be done in Florida
Banking giants Bank of America and Wells Fargo would not be allowed to charge Florida customers for use of their debit cards under legislation filed Monday by Rep. Jeff Clemens, D-Lake Worth.
His bill, HB 375, would make it unlawful "to charge or impose a dormancy fee, and inactivity fee or charge, or a service fee with respect to the use or holding of a debit card by a consumer."
His proposal comes amid outrage at the fees this month among Bank of America customers. The corporation announced it will charge customers who use debit cards for purchases a $5 monthly fee to offset implementation of certain regulations under the federal Dodd-Frank banking bill.
Other banks moving toward adding additional charges for debit cards include SunTrust, Regions Financial, Chase and Wells Fargo.
"They sold us on the idea that we were going to move to a cashless society," said Clemens, an energy performance contractor and former newspaper journalist.
If you're like Buzz, your reaction to his proposal was probably something like, "Can he do that?"
Clemens says he can, citing a 2009 Supreme Court case, Cuomo v. Clearing House Association, that, as he reads it, affirmed states have a right to regulate commerce within their borders, even if institutions stretch beyond their lines.
"It's been a long-held belief that states don't have the right to regulate federal banking institutions," he said. "The Cuomo case and the Supreme Court say differently."
He said he thought of the idea a few months ago, back when a couple national banks announced their intentions to collect the monthly fees for debit card usage. It is not a result of the Occupy Wall Street movement, though "the overarching theme of large corporations taking advantage of average people is still there," he said.
Clemens is a former disgruntled Bank of America customer. He said he left the bank for "deceptive practices" in 2008 for PNC Bank, which has not yet sprung surprise charges.
Most Recent Blog Posts
About the blog
For Florida political news today, the Buzz is your can't-miss-it source. Tampa Bay Times writers offer the latest in Florida politics, the Florida Legislature and the Rick Scott administration. Keep in mind: This is a public forum sponsored and maintained by the Tampa Bay Times. When you post comments here, what you say becomes public and could appear in the newspaper. You are not engaging in private communication with candidates or Times staffers.
E-mail Times political editor Adam Smith: asmith@tampabay.com
Advertisement
Video
Most Popular Categories
Advertisement
ON TWITTER
SPECIAL REPORTS
- Gov. Rick Scott
- Sen. Marco Rubio
- Inside the Gov. Scott's inner circle
- State government: All checks, no balance
SITES OF INTEREST
POLITICAL LINKS
- Republican Party of Florida
- Florida Democratic Party
- Division of Elections
- State of Florida
- State legislature
- Campaign contributions
- Federal campaign contributions
TIMES COLUMNS
- Tallahassee Bureau Chief Steve Bousquet
- Political Editor Adam C. Smith
- Senior correspondent Lucy Morgan
REAL CLEAR POLITICS BLOG
POLITICS HEADLINES from the AP
Comment Policy
| Please be sure your comments are appropriate before submitting them. Inappropriate comments include content that: |
| Is libelous |
| Is abusive, harassing, or threatening |
| Is obscene, vulgar, or profane |
| Is racially, ethnically or religiously offensive |
| Is illegal or encourages criminal acts |
| Is known to be inaccurate or contains a false attribution |
| Infringes copyrights, trademarks, publicity or any other rights of others |
| Impersonates anyone (actual or fictitious) |
| Solicits funds, goods or services, or advertises |
| Tampa Bay Times does not edit posts but reserves the right to delete comments that violate our policy. |
Registration FAQ
| Read our Frequently Asked Questions on how to register to comment on the site. |


Loading...