"We did focus groups where people said, 'I opted in so I won't have to pay the overdraft fee,'" Weinstock said.
Beyond the question of marketing, the Center for Responsible Lending and other consumer groups have maintained that the Fed's rule should have gone further.
"Especially where one party's incentives are so strong to entice consent, disclosure will not prevent abuses," said Rebecca Borne, senior policy counsel at the center. "You need substantive reforms of the product."
The center has called on regulators to require that fees be "reasonable and proportional" to the costs incurred by banks in covering overdrafts.