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It's Alive! Class Action Lawsuit against Capital One Bank is Back On

It's Alive! Class Action Lawsuit against Capital One Bank is Back On February 18, 2018. By Anne Wallace.
New York, NY Tawanna Roberts's excessive bank overdraft fees lawsuit had all the familiar hallmarks. She claimed that she had a positive balance at the time she made the transactions that triggered the penalties, and that those penalties were made worse by Capital One's practice of reordering transactions to maximize what it could charge.
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Plaintiffs Litigating ERISA Lawsuit v. Oracle Corp. Achieve Class Action Status

Plaintiffs Litigating ERISA Lawsuit v. Oracle Corp. Achieve Class Action Status February 15, 2018. By Gordon Gibb.
Denver, CO: An ERISA lawsuit that had its beginnings in 2016 has been granted class action status in a certification that could benefit tens of thousands of class members. At issue are allegations that fiduciaries acting on behalf of defendant Oracle Corp. failed to uphold their fiduciary duties by investing in funds and other investments that failed to maintain the best interests of 401(k) Plan members and other investors, at heart.
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Are ER’s Cashing in on Upcoding?

Are ER’s Cashing in on Upcoding? February 3, 2018. By Anne Wallace.
Washington, DC Since 2009 emergency room charges have jumped by as much as 85 percent. Are patients really sicker? Has the actual cost of care gone up that much? Are hospitals price-gouging? For both uninsured patients and those with big deductibles, the bottom line is the same – a gaping hole in the pocketbook.
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Creditor Held in Contempt of Court for Violating Automatic Stay

Creditor Held in Contempt of Court for Violating Automatic Stay January 26, 2018. By LAS Staff Writer.
Miami, FL (January 24, 2018) A Florida judge signed an order today holding creditor, IH5 Property Florida LP with GP IH5 Borrower GP LLC, more commonly known as Invitation Homes, in contempt of court for intentional violation of the automatic stay. Miami bankruptcy attorney, Timothy S. Kingcade’s client filed a Chapter 7 petition on November 30, 2017. Despite having notice of the bankruptcy filing, on December 5, 2017, the creditor, Invitation Homes, proceeded to file an eviction action against the client. Attorney Kingcade filed a motion to hold the landlord in contempt of court for violating the automatic stay. The motion adequately showed that Isamar Alers of Invitation Homes had actual knowledge of the bankruptcy on November 30.
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Plaintiffs in Class Action ERISA Lawsuit Allege Breach of Fiduciary Duties

Plaintiffs in Class Action ERISA Lawsuit Allege Breach of Fiduciary Duties January 23, 2018. By Gordon Gibb.
Denver, CO: An ERISA lawsuit was filed at the end of November in Colorado alleging mismanagement of a stock fund that resulted in losses for the defined contribution plan participants.
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Despite Recent Settlements, Banks Still Bilking Consumers Out of Billions

Despite Recent Settlements, Banks Still Bilking Consumers Out of Billions January 19, 2018. By Gordon Gibb.
Washington, DC: When one looks back to 2017 and considers examples when banks have been called to account for excessive bank overdraft fees – including last November’s $66.6 million settlement to end a bank overdraft fees lawsuit against Bank of America – one would naturally assume progress is finally being made on an issue that has plagued Americans for years.
Read [ Despite Recent Settlements, Banks Still Bilking Consumers Out of Billions ]

Overdraft Fees Chewing Up Consumers

Overdraft Fees Chewing Up Consumers December 29, 2017. By Brenda Craig.
Washington, D.C. A new report from Pew Charitable Trusts released on December 20, 2017 documents the burden overdraft fees continue to place on the shoulders of consumers. Although the banking industry has made some voluntary changes regarding overdraft fees Pew reports that American consumers are still paying $14 billion annually in overdraft fees.
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401K Lawsuit Finds Edison Human Resources Rep Liable for Breach of Fiduciary Duty

401K Lawsuit Finds Edison Human Resources Rep Liable for Breach of Fiduciary Duty December 15, 2017. By Lucy Campbell.
Washington, DC: A supreme court ruling in an ERISA lawsuit concerning the statute of limitations pertaining to plaintiffs claims, namely, Tibble, et al vs. Edison International, et al, has found the VP of human resources liable of a fiduciary breach.
Read [ 401K Lawsuit Finds Edison Human Resources Rep Liable for Breach of Fiduciary Duty ]

Are Continuous Overdraft Fees Like Illegal Payday Loans?

Are Continuous Overdraft Fees Like Illegal Payday Loans? November 25, 2017. By Anne Wallace.
Honolulu, HI: Many consumer lawsuits over excessive overdraft fees focus on banks’ practice of reordering withdrawals to maximize what they can charge. The argument advanced by Linda Robinson in Robinson v. First Hawaiian Bank is different and relies on state usury laws. This opens new possibilities in the battle between consumers and banks and may prove to be important as federal financial protection for consumers seems increasingly under siege.
Read [ Are Continuous Overdraft Fees Like Illegal Payday Loans? ]

Bank of America to Settle Excessive Fees Class Action for $66.6 Million

Bank of America to Settle Excessive Fees Class Action for $66.6 Million November 10, 2017. By Gordon Gibb.
Los Angeles, CA: Yet another major bank has bowed to litigants enraged over excessive bank overdraft fees, following the announcement of a settlement worth $66.6 million. The bank overdraft fees settlement, designed to end a lawsuit against Bank of America, still requires court approval.
Read [ Bank of America to Settle Excessive Fees Class Action for $66.6 Million ]

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