News & Analysis as of

Overdraft Fees Class Action

Orrick, Herrington & Sutcliffe LLP

Bank faces class action over its overdraft fee practices

Recently, a bank customer and his business filed a class action complaint in the Stamford-Norwalk Judicial District Superior Court against a Connecticut-based bank alleging that bank engaged in unlawful business practices to...more

Ballard Spahr LLP

Michigan federal court shuts down class action against Flagstar Bank for so-called “surprise overdraft” fees and multiple NSF fees...

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On April 16, 2024, the U.S. District Court Judge Gershwin A. Drain in the Eastern District of Michigan granted summary judgment in favor of Flagstar Bank (the “Bank”) in a case where the plaintiff alleged breach of contract...more

Orrick, Herrington & Sutcliffe LLP

District Court grants bank a MSJ in overdraft fee class action case

On April 16, the U.S. District Court for the Eastern District of Michigan entered an opinion and order granting defendant bank’s motion for summary judgment in an overdraft fee-related consumer class action. In this case,...more

Nutter McClennen & Fish LLP

Nutter Bank Report: February 2024

The U.S. Department of Justice (DOJ) and state authorities have agreed to a consent order with a large national bank to resolve allegations that the bank engaged in a pattern or practice of lending discrimination by affecting...more

Holland & Knight LLP

Mandatory Arbitration and Class Action Waivers by Amendment: Easier Said Than Done

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In response in part to the dozens of cases filed throughout the country related to assessment of insufficient funds (NSF) and overdraft (OD) fees, many banks and credit unions have sought to add arbitration and class action...more

McGlinchey Stafford

The Fuss About Junk Fees, Pt. 2: Recent Regulatory, Enforcement, and Private Actions Challenging Fees

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Part Two of our series on junk fees highlights recent regulatory, enforcement, and private action trends. Not only has the CFPB and FTC issued proposed rulemaking and guidance warnings against certain types of fee practices,...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 3, March 2023

Now is the Time to Guard Against Reckless Banking Legislation - “Only a structural change to the way Congress acts on financial regulation will prevent future losses.” Why this is important: An old adage is that...more

Spilman Thomas & Battle, PLLC

Plaintiffs Pursuing Increased Class Action Claims for Overdraft Fees and Charges Against Customers

With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks...more

Husch Blackwell LLP

Federal Court Allows Class Action on Deposit Account Fees to Proceed

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A New York federal court has largely denied a state credit union’s motion to dismiss a class action lawsuit regarding non-sufficient funds (NSF) fees, overdraft fees, and out-of-network ATM fees. See Fairchild-Cathey v....more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 1, January 2023

Plaintiffs Pursuing Increased Class Action Breach of Contract Claims for Overdraft Fees and Charges Against Customers - “With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased...more

McGlinchey Stafford

Is My Electronic Signature Valid? - Commercial Law Bulletin - June 10 2022

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Ohio- Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756- In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more

K&L Gates LLP

HUB Talks: The Impact of Overdraft Fees on Banks and Consumers

K&L Gates LLP on

In this episode, Judie Rinearson and John ReVeal discuss class action litigation and regulatory enforcement concerns arising from overdraft fee disclosures and practices. John also shares his insight about possible...more

Ballard Spahr LLP

Bank agrees to $5.7 million settlement in class action alleging wrongful charging of overdraft fees

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In the last two weeks, both the CFPB and OCC have been critical of bank overdraft practices and the CFPB has warned of enhanced supervisory and enforcement scrutiny. The potential costly impact that such increased scrutiny...more

Perkins Coie

Fintech Week in Review - June 2021 #2

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A buy-now pay-later company faces a potential class action alleging it hid the risk of overdraft and NSF fees from its users. Leaders of the CFPB’s Fair Lending Office published an article encouraging the use of special...more

Pierce Atwood LLP

Overdraft Class Action Litigation: Recent Developments in Maine

Pierce Atwood LLP on

Financial institutions have been facing class action lawsuits regarding overdraft and return item (NSF) fees since the early 2000s. Initially, the lawsuits were focused on the largest national banks. Over time, plaintiffs’...more

Balch & Bingham LLP

Tennessee Court of Appeals Becomes First Appellate Court to Affirm Dismissal of Class Action Challenging Multiple “Overdraft” or...

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Earlier this year, Balch & Bingham reported on the dismissal of one of the first class actions challenging financial institutions for charging multiple “overdraft” or not sufficient funds (“NSF”) fees for the same transaction...more

Robins Kaplan LLP

Financial Daily Dose 6.4.2020 | Top Story: DOJ Indicts Top Chicken Industry Execs Over Price-Fixing Allegations

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The DOJ has begun the prosecutorial phase of its chicken price-fixing investigation with a one-count indictment accusing current and former senior execs at Pilgrim’s Pride and Claxton Poultry Farms—including their current...more

Miller & Martin PLLC

Class Actions Based on Overdraft Fees on the Rise

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As a word of caution, the plaintiffs’ bar is filing a wave of class actions against credit unions and banks based on the assessment of overdraft fees. Some cases challenge practices, such as high-to-low sequencing of...more

Nutter McClennen & Fish LLP

Nutter Bank Report November 2018

Federal Banking Agencies Propose Alternative Capital Framework for Community Banks - The federal banking agencies have proposed a new community bank leverage ratio (“CBLR”) framework that would simplify regulatory capital...more

Carlton Fields

The Eleventh Circuit Found No Waiver Of Right To Compel Arbitration Against Unnamed Class Members

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In sum, the case involves five consolidated class actions brought in Florida federal court against banks by bank customers in 2008 and 2009 alleging that they were unlawfully charged overdraft fees....more

Balch & Bingham LLP

Eleventh Circuit: No Waiver of Arbitration Rights Despite Waiting for Class Certification

Balch & Bingham LLP on

In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class...more

Nutter McClennen & Fish LLP

Nutter Bank Report, March 2018

Headlines: ...Lawsuits Challenging Overdraft Fees Continue Against Depository Institutions ...Broad Regulatory Relief Bill Passes Senate and Is Sent to House for Consideration ..FFIEC Issues Revised Guidance...more

Dorsey & Whitney LLP

Mulvaney-Led CFPB Actively Litigates in Court Regarding Overdraft Policy-Related Evidence

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Many observers have reported on leadership changes at the Consumer Financial Protection Bureau (“CFPB”) and the potential shifts in policy priorities that may follow. However, in the new year, among the most interesting...more

Manatt, Phelps & Phillips, LLP

Bank Compels Arbitration of Overdraft Class Action

Reversing a Florida district court action, the U.S. Court of Appeals, Eleventh Circuit agreed with a national bank that a class action challenging overdraft fees should be moved to arbitration....more

Brooks Pierce

North Carolina Business Court Ruling Regarding Fees May Impact Class Action Claims

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North Carolina Business Court Judge Louis Bledsoe III has held that the named plaintiff must pay any defendant's costs incurred after the plaintiff rejected the defendant’s offer of judgment. This decision brings to an end...more

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