Attorney General Kris Mayes justified the crime of writing hot checks in her support for capping bank overdraft fees.
Mayes made her stance clear in her response to the Senate’s vote on Thursday overturning a rule capping bank overdraft fees at $5. Mayes said unlimited bank overdraft fees would “allow banks to rip people off.”
The $5 overdraft fee cap was implemented as a rule within the Consumer Financial Protection Bureau (CFPB) in December, the last month of the Biden administration. Then-CFPB Director Rohit Chopra called overdraft fees “excessive junk fees” in his announcement of the rule, claiming banks sought to make a “profit” from the fees. The current acting CFPB director, Scott Bessent, halted the imposition of the cap rule last month shortly after being named to the post.
The overdraft fee rule was not yet in effect. It was scheduled to take effect in October. Banks decried the rule and warned it would result in credit restrictions, increased minimum balance requirements, and limited free- or low-cost deposit accounts.
The resolution undoing the rule capping overdraft fees at $5 is scheduled for review by the House Committee on Rules on Monday.
A constituent disputed Mayes’ take on the resolution undoing the CFPB rule in a comment. The constituent argued that banks make up the difference in capped versus necessary overdraft fees elsewhere through their customers, and declared healthy bank account owners weren’t responsible for “reckless” account owners.
This remark apparently irked the attorney general — so much so that she called out the constituent publicly, characterizing the choice to overdraft a bank account as a “misfortune” and dismissing his perspective based on his financial circumstance.
“Spoken like someone who has never experienced an emergency while living paycheck to paycheck,” said Mayes. “Banks shouldn’t be profiting off people’s misfortune.”
Spoken like someone who has never experienced an emergency while living paycheck to paycheck. Banks shouldn’t be profiting off people’s misfortune. https://t.co/nFU53C3h8L
— AZ Attorney General Kris Mayes (@AZAGMayes) March 28, 2025
Jen Wright, Arizona’s former assistant attorney general, said overdraft fees were a service by the banks to help cover customers on overdrawn accounts and often avoid the criminal implications of a “hot check” scenario. Wright clarified that she had some authority on the subject having lived paycheck to paycheck in the past.
“Living paycheck to paycheck isn’t a legal justification. Banks help consumers by providing overdraft protections. Maybe you’d rather the crime be reported instead of banks covering the overdraft?” said Wright. “Banks have zero obligation to provide a loan to cover a bad check (nor should they). If the overdraft fees don’t cover their costs, banks will just stop providing the service and bounce the check, and the victim will file charges.”
Trolling constituents, @krismayes? What a very divisive and partisan thing to do from your 7th Floor executive suite while on the taxpayers’ dime.
Furthermore, I’m sure you are aware that writing a bad check is a crime. Living paycheck to paycheck isn’t a legal justification.… https://t.co/g3Lv1Mf1Ks pic.twitter.com/oXgNV3IEaO
— Jen Wright (@JenWEsq) March 28, 2025
Wright told the Arizona Daily Independent that Mayes’ social media behavior constituted an abuse of her authority.
“Kris Mayes continues to abuse the power of her position,” said Wright. “It’s abhorrent that the highest law enforcement officer in this state uses social media to belittle constituents, and especially a constituent that raised a good faith argument in support of a bill passed by the U.S. Senate. Arizona deserves better.”
