This is one of my favourite topics. The English banking sector has had to address this problem as it was shown in court that the bank overdrawn (overlimit) fees were illegal. The UK banks are now refunding up to 6 years overdraft fees.
The issue is that the amount of the liquidated damage (ie the $35 fee) is more than the damage caused to the bank. In the old days a bank manager actually incurred costs by taking the time to contact the customer and sort out the problem. These days they don't even know about it, just rack it up in "overnight processing".
Westpac is the bank I use and I call them regularly whenever they try on one of these fees. They know they are illegal. They know exactly what has happened in the UK. Westpac execs have sleepless nights hoping Australians don't wake up.
We need to agitate in Australia to make it happen here.
As it turned out I was 1 hour late with a BPay payment to the Westpac earth+ card earlier this year. Westpac duely imposed a $35 fee. A phone call to their call centre, discussing the above bank fee melt down scenario resulted in:
MISSED PAYMENT CHARGE
REVERSAL 35.00-
000000000000000
They do of course give the story that it is in the "Terms and Charges" which were accepted. Agreed but we don't have any choice in accepting them. The point in the UK was that the Condition itself was struck out.
So firstly everyone needs to dispute each and every "overdrawn" and overdraft fee.
Even if successful lodge a complaint through the banks complaints process to start getting the message through to the executives.
The other thing that gets me is that with Westpac I have 6 different accounts yet they treat each account as a seperate place to put their snout. At the time of incurring this fee, across all 6 accounts I had a better net position than the previous day. It was just one account. One day banks really will look at the total value of the client and not how many fees they can gouge.
Some web reading:
http://www.banking-guide.org.uk/reclaiming-fees.html
U.K. regulator wins court case on bank fees regulation - MarketWatch
Don't let this one get away.