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Overdraft fees have become one of the top thorns in consumers' sides over the past few years, and their` anger is growing. Even Congress is taking notice and has enacted some legislation to reign in the proliferation of overdraft fees in the banking marketplace.

What is an overdraft fee? This is a fee that a bank charges a consumer for the service of covering payments the consumer has promised to pay merchants or others when a check or debit transaction is made without there being sufficient funds in the account. Here's how it works:

1. A checking account owner writes a check or uses a debit card for an amount that exceeds the amount they have in their checking account at the moment. For example, they may write a check for $50 when they only have $45 in their account, overdrawing it by $5.

2. Because the account owner is enrolled in the bank's overdraft protection program, the bank covers the overdrawn amount ($5), paying the merchant to which the check was written the full amount due.

3. The bank then charges an overdraft fee of $35 to the account holder, meaning that now instead of -$5, the account holder's balance now shows -$40.

Banks defend their overdraft fee policies because they claim the policies are protecting the consumer from potential penalties or other issues vis-a-vis the people receiving the various payments (e.g., merchants, utilities, other individuals, etc.)

On the other hand, critics claim that overdraft protection programs are simply thinly-veiled attempts to make more money off of the average consumer. And, indeed, overdraft fees are a big business, with surveys indicating that banks pull in over $20 billion annually in overdraft fees. These fees make up no less than three-quarters of their account service-related income.

Overdraft protection programs have traditionally been an opt-out service, meaning that new checking account customers were automatically enrolled in these programs and had to expressly state their desire to be withdrawn from the programs.

But, are these programs actually sneaky attempts by banks to bilk consumers of their hard-earned money? Some members of congress thought so. That's why Rep. Carolyn Maloney (D-NY) introduced bill H.R. 1456, the Consumer Overdraft Protection Fair Practices Act. In short, this bill requires that overdraft protection programs become opt-in, meaning customers must elect to be enrolled rather than be enrolled automatically.

Overdraft protection programs are a mixed bag. On one hand, they protect you from the occasional overdraft. But, on the other hand, these programs can get very costly, very quickly. What's the alternative? Find banks without overdraft fees and open a checking account with them. Here are 3 tips:

1. Locate a bank that is well-established and that has a national presence.

2. Find a bank that promises to never, ever charge you an overdraft fee - no exceptions. Such banks usually charge a low monthly fee for overdraft protection service. But, at the same time, if you overdraw the account, you will not be charged a fee.

3. Make sure that the bank you choose is FDIC-insured. This type of insurance is the sign of a legitimate bank that you can trust. FDIC insurance means that if a bank were to ever run into any type of financial troubles, you would be guaranteed your deposited amount up to a certain limit (e.g., $250,000).

The good news for consumers tired of paying overdraft fees is that banks without overdraft fees are available and ready to grant them a new checking account. The sign-up process usually takes 15 minutes and involves confirming the applicant's identity and other security measures.

For a FREE list of no-overdraft-fee banks near you, visit: http://www.Escape-Overdraft-Fees.com/.

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