--Higher One to refund $11 million to students

--FDIC alleges Higher One repeatedly charged debit-card customers overdraft fees for the same transaction

--Company says it began voluntarily issuing refunds to customers in December

(Updates with CEO comment in eighth paragraph.)

 
   By Andrew R. Johnson and Alan Zibel 
 

A company that markets debit cards to college students has agreed to refund $11 million to 60,000 students to settle allegations that it charged excessive fees.

The Federal Deposit Insurance Corp. said Wednesday that Higher One Holdings Inc. (ONE) and its former partner, The Bancorp Bank, engaged in unfair and deceptive behavior by repeatedly charging college debit-card customers with overdraft fees on single transactions and collecting fees from deposits made into their accounts, typically funds for tuition and other college expenses.

Under a consent order with the FDIC, Higher One must abstain from charging "nonsufficient fund" fees on accounts that have had a negative balance for more than 60 days and charging more than three such fees on a single day per account, among other things.

Higher One's practices have been under fire from consumer advocates who say the fees charged on its campus debit cards are unfair.

The company contends its accounts are more affordable than those offered by big banks, and it provides clear disclosures to consumers who enroll in its products. The accounts allow students to receive financial-aid refunds directly into the accounts, though students can also choose to have funds deposited into other bank accounts or receive a paper check.

Higher One offers its "OneAccount" to students at more than 520 campuses where its financial-aid disbursement platform is used. It counted 2.1 million OneAccounts as of March 31, according to a regulatory filing.

The FDIC said Higher One will make refunds to eligible customers who used a OneAccount from July 16, 2008, to the time the company stopped charging the overdraft fees. Bancorp Bank, a subsidiary of Wilmington, Del.-based The Bancorp Inc. (TBBK), is also required to pay refunds if Higher One fails to make payments.

Higher One has already refunded $4.7 million to customers since December, when it began voluntarily crediting customers, Mark Volchek, chief executive officer of the company, said in an interview. The company says that the remaining amount represents nonsufficient fund fees that it ultimately never assessed against customers because it waived them or other reasons.

Higher One and The Bancorp Bank, which issued the accounts at the time of the alleged offenses, also face fines of $110,000 and $172,000, respectively.

Mr. Volchek said in a statement the company has already completed policy improvements to its compliance management systems and past overdraft practices as suggested by the FDIC.

"We immediately responded to these recommendations by voluntarily discontinuing these practices and crediting back account holders in December of 2011," Mr. Volchek said. "We believe the low fine imposed reflects how seriously we take our commitment to our customers, the degree of the issue and our swift resolution of it, which impacted only about 1% of our customers."

Higher One has said it no longer charges insufficient-fund fees for one-time debit-card transactions, and it does not offer an overdraft program to customers.

Federal rules that took effect in 2010 require banks to obtain customers' consent for overdraft programs for one-time debit-card transactions.

A spokesman for Bancorp Bank couldn't immediately be reached for comment.

Higher One's primary business is offering software platforms for disbursing financial-aid and processing tuition payments for colleges and universities. Students attending those schools receive information about enrolling in its OneAccount as a way to receive extra financial aid, though they also can receive their funds in a different bank account or by paper check.

While Higher One is not a bank, its accounts are issued by bank partners, such as Bancorp Bank.

Bancorp Bank said in a regulatory filing with the Securities and Exchange Commission in May that it faced a probe by the FDIC over overdraft practices involving a third party, though it didn't name Higher One. Bancorp Bank ended its relationship with Higher One in May, Mr. Volchek said.

The U.S. Public Interest Research Group in May released a report on college debit cards, singling out Higher One as the largest player in the market. It accused the company of not installing enough ATMs on campuses where its accounts are offered, potentially causing students to incur fees by using other companies' ATMs.

There are more than 900 debit-card partnerships between colleges and banks and other financial firms, such as U.S. Bancorp (USB), Wells Fargo & Co. (WFC) and SunTrust Banks Inc. (STI), the group noted.

Higher One said last week it was eliminating some fees, including those it charged when customers using certain Higher One accounts used their personal identification number, or PIN, to make a debit-card transaction.

Higher One's shares closed down 3.3% at $11.13. Bancorp's shares closed down 2.2% at $9.28.

Write to Andrew R. Johnson at andrew.r.johnson@dowjones.com and Alan Zibel at alan.zibel@dowjones.com

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