ICBA and other groups sent a letter to the Consumer Financial Protection Bureau requesting the withdrawal of the Sept. 17 circular on improper overdraft opt-in practices. ICBA and the other groups noted that the CFPB circular asserts that a bank can be in violation of the Electronic Funds Transfer Act and Regulation E if the institution does not have “proof that it obtained affirmative consent” to enroll a customer in the institution’s overdraft program for POS debit card or ATM transactions. The groups say that, through the circular, the CFPB is establishing new expectations in recordkeeping.