LAWSUITS NEWS & LEGAL INFORMATION
Consumer Banking Legal News Articles & Interviews
January 6, 2021. By Anne Wallace.
Read [ Bank Overdraft Fees Lawsuit Stresses Lack of Consumer Sophistication, Unfair Process ]
Atlanta, GA On December 17, the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in Garcia v. Wachovia Bank, one of the bank overdraft fees lawsuits, consolidated in In Re: Checking Account Overdraft Litigation. The checking accountholders are appealing a September 2019 District Court decision that denied them the chance to proceed through a class action lawsuit, forcing them to arbitrate their claims individually. That would effectively end their chance to dispute excessive overdraft fees that resulted from Wells Fargo’s and Wachovia Bank’s practice of reordering checks from high to low amounts in order to maximize profits.
November 17, 2020. By Anne Wallace.
Read [ Navy Federal to Settle Overdraft Fees Lawsuit for $16 Million ]
Alexandria, VA The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 million to divide among themselves. The settlement is notable because class members need not file claims to receive compensation. The settlement fund will be automatically allocated among them according to a distribution plan set out in the agreement.
August 30, 2020. By Jane Mundy.
Read [ Earnin Agrees to PayBack ]
Santa Clara, CA A proposed settlement by Earnin, an app-based pay advance service, would theoretically pay up to $12.5 million to consumers who claim they were misled by Earnin and were charged bank fees they weren’t aware of before signing on with the service.
August 17, 2020. By Anne Wallace.
Read [ USB Checking Accountholders to get their Day in Court ]
San Diego, CA On August 10, the Southern District of California agreed to reconsider its own ruling in an overdraft fees lawsuit that forced the dispute into arbitration. On reconsideration, it reversed itself. This breathes new life into Reyna McGovern’s contention that U.S. Bank charged bank overdraft fees that were not permitted under the terms of the account agreement that she and many other customers signed. Now they get a chance to have their claims heard in court. The Order Granting the Motion for Reconsideration may have implications for other Californians who, perhaps unwittingly, signed arbitration agreements when they opened a checking account.
July 29, 2020. By Anne Wallace.
Read [ California Excessive Bank Overdraft Fee Lawsuit Gets Second Wind ]
San Diego, CA For months, the law firms that represent banks and other big businesses have worried that the Ninth Circuit’s 2019 decision in Blair v. Rent-A-Center shows plaintiffs how to side-step mandatory arbitration provisions that include class action waivers. Defense counsel’s worst fear is realized in the motion for reconsideration filed in McGovern v. U.S. Bank, a California bank overdraft fees lawsuit.
July 9, 2020. By Anne Wallace.
Read [ TD Bank Hit with Excessive Bank Overdraft Fees Lawsuit ]
Camden, NJ On June 24, Judith Jimenez filed a class action bank overdraft fees lawsuit claiming that TD Bank, NA re-opened her checking account, which the bank had previously closed, for the express purpose of charging her an overdraft fee. Mission accomplished, the bank then closed her account again – all without her authorization. The lawsuit further claims that TD Bank had a routine practice of opening accounts in the names of consumers without lawful authority. If this sounds familiar, it should.
June 24, 2020. By Anne Wallace.
Read [ District of Columbia Sues Elevate Credit, Inc. ]
Washington, DC On June 5, Karl Racine, Attorney General for the District of Columbia filed a lawsuit against Elevate Credit Inc., alleging that Elevate charged loan interest rates on what are essentially internet payday loans in excess of the District’s usury limits. The interest rates of 149 to 251 percent associated with Elevate’s Rise and Elastic brand loans set a trap for low-income consumers similar to excessive bank overdraft fees many banks charge for “overdraft protection” on a checking account.
June 9, 2020. By Anne Wallace.
Read [ Federal Court Sends Excessive Overdraft Fees Plaintiffs to Arbitration ]
Chicago, IL On May 18, the District Court for the Northern District of Illinois ruled that two of the three named plaintiffs in Page v. Alliant Credit Union could pursue their claims only through arbitration. This ends their participation in a class action bank overdraft fees lawsuit. The lawsuit alleges that Alliant charged insufficient funds fees even when there was enough money in their checking accounts. Unchallenged, the decision would seriously dim their chance of prevailing against the credit union.
May 29, 2020. By Anne Wallace.
Read [ Excessive Overdraft Fee Lawsuits Hit the Heartland ]
Johnson County, IA In March 2020 Catherine Razavi filed a bank overdraft fees lawsuit against GreenState Credit Union. She alleges that the credit union charged her an overdraft fee even though there was enough money in her account and seeks class-action status for the lawsuit on behalf of similarly situated customers. Her story is symptomatic of a problem that extends far beyond the Iowa state line.
May 22, 2020. By Anne Wallace.
Read [ Mandatory Arbitration Amendments Thwart Excessive Overdraft Fee Lawsuits ]
Washington, DC Even with a promising bank overdraft fees lawsuit, checking account consumers can find themselves suddenly, unexpectedly blocked by an obligation to arbitrate disputes with a bank or credit union. Consumers are often not even aware that they have signed these agreements. Under recent U.S. Supreme Court rulings, that can be the end of a class action lawsuit.
- Wells Fargo Fake Account Scandal Grinds On By Anne Wallace (Apr-23-20)
- Three litigation theories of excessive bank overdraft fee lawsuits By Anne Wallace (Apr-10-20)
- Overdraft Fees Waived During COVID-19 Pandemic By Jane Mundy (Apr-2-20)
- First Saving Bank Hit with Excessive Overdraft Fee Lawsuit By Anne Wallace (Mar-12-20)
- Bank of America Breached Customer Contracts, Charging Overdraft Fees on Non-Recurring Transactions By Anne Wallace (Feb-5-20)
- Target Red Card Lawsuit Poised to Settle for $8.2 Million By Anne Wallace (Jan-6-20)
- Defendant 'Grateful' for Credit Union Overdraft Fee Lawsuit By Anne Wallace (Dec-13-19)
- Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees By Anne Wallace (Nov-11-19)
- United Federal Credit Union Settles Excessive Overdraft Fee Lawsuit for $1.75 Million By Anne Wallace (Oct-16-19)
- USAA Bank Forces Individual Arbitration of Excessive Overdraft Fee Claims By Anne Wallace (Sep-17-19)
- VyStar Credit Union Accused of Assessing NSF Fees Multiple Times for Same Transaction By Anne Wallace (Aug-8-19)
- Forced Arbitration Threatens Class Action Excessive Overdraft Fees Lawsuits By Anne Wallace (Jul-18-19)
- Georgia Court of Appeals Affirms Class Action Status for Excessive Overdraft Fees Lawsuit By Anne Wallace (Jun-7-19)
- Online Lender Settles with FTC for $3.85 Million By Anne Wallace (May-8-19)
- $24.5 Million Settlement in Navy Federal Credit Union Excessive Overdraft Fees Lawsuit By Anne Wallace (Apr-23-19)
- Cash Advance? There’s an App for That By Anne Wallace (Mar-25-19)
- Washington State Employees Credit Union Settles Excessive Overdraft Fees Lawsuit for $2.99 Million By Anne Wallace (Feb-15-19)
- Credit Unions – A Case of Shutdown Shame? By Anne Wallace (Jan-24-19)
- Trustmark National Bank Latest Defendant in Excessive Overdraft Fees Lawsuit By Anne Wallace (Dec-21-18)
- Excessive Overdraft Fees Lawsuit against DFCU Survives Motion to Dismiss By Anne Wallace (Nov-23-18)
- Digital Federal Credit Union Snared in Excessive Overdraft Fees Lawsuit By Anne Wallace (Oct-3-18)
- New California Class Action Lawsuit Targets Deceptive Bank Fees By Anne Wallace (Sep-11-18)
- CFPB Moves to Protect Students from Overdraft Fees By Anne Wallace (Aug-28-18)
- Landmark Credit Union Settles Overdraft Fees Lawsuit By Jane Mundy (Aug-15-18)
- Time For Banks To Pay Up: Excessive Overdraft Fees Lawsuits Settled By Jane Mundy (Jul-27-18)
- Credit Union Lawsuit Cites Excessive Overdraft Fees By Anne Wallace (Jun-20-18)
- Death by Delay – CFPB Defers Credit Union Overdraft Regulations into Indefinite Future By Anne Wallace (May-22-18)
- MB Financial Facing Lawsuit re $6,000 in Overdraft Fees By Anne Wallace (Apr-30-18)
- Big Banks Don’t appear to be Getting the Message over Excessive Banking Fees By Gordon Gibb (Mar-19-18)
- It's Alive! Class Action Lawsuit against Capital One Bank is Back On By Anne Wallace (Feb-18-18)
- Despite Recent Settlements, Banks Still Bilking Consumers Out of Billions By Gordon Gibb (Jan-19-18)
- Overdraft Fees Chewing Up Consumers By Brenda Craig (Dec-29-17)
- Are Continuous Overdraft Fees Like Illegal Payday Loans? By Anne Wallace (Nov-25-17)
- Bank of America to Settle Excessive Fees Class Action for $66.6 Million By Gordon Gibb (Nov-10-17)
- It Just Got Harder to Sue Your Bank for Excessive Overdraft Fees By Anne Wallace (Oct-30-17)
- Wells Fargo Now Favors Arbitration in Long-Running Overdraft Fees Lawsuit By Gordon Gibb (Oct-16-17)
- Defendant Attempts to Quash TCPA Lawsuit through Unique Interpretation of Law By Gordon Gibb (Sep-30-17)
- Banks Fight Excessive Overdraft Suits with Bid for Arbitration By Anne Wallace (Sep-8-17)
- Whistleblower Alleges Healthcare Fraud in Lawsuit By Gordon Gibb (Sep-7-17)
- Disgruntled Connecticut Account Holder Sues People’s United Bank over Fees By Gordon Gibb (Sep-3-17)