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  • Our love-hate relationship with Uber and Lyft –Can we Compromise?
    Aug-26-20 San Jose, CA The mayor of San Jose, Sam Liccardo, is a smart guy. He understands that the public have a love-hate relationship with “gig companies” like Uber and Lyft, and he also understands that there has to be a model of “give and take” from both sides, i.e., the California labor law  regulators and leading gig companies. ...
  • USB Checking Accountholders to get their Day in Court
    Aug-17-20 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 term...
  • California Excessive Bank Overdraft Fee Lawsuit Gets Second Wind
    Jul-29-20 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 fil...
  • TD Bank Hit with Excessive Bank Overdraft Fees Lawsuit
    Jul-9-20 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 laws...
  • Mosanto and Regulators vs. Consumers
    Jul-3-20 Santa Clara, CA The herbicides dicamba and glyphosate have a lot in common. Both are made by Monsanto, both are associated with environmental problems such as chemical drift and both cause health problems, such as cancer. Nobody knows this more than investigative journalist Carey Gillam. And another similarity: The Environmental Protection Agency (EPA)...
  • District of Columbia Sues Elevate Credit, Inc.
    Jun-24-20 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...
  • Santander TCPA Violations Lawsuit News & Legal Information
    Santander Consumer USA recently faced a TCPA class action lawsuit over alleged Telephone Consumer Protection Act violations as well as violations of the Fair Debt Collection Practices Act (FDCPA). The lawsuit also alleges Santander breached its own contracts by charging improper fees. Santander Consumer USA and TCPA Violations Santander Consumer U...
  • Federal Court Sends Excessive Overdraft Fees Plaintiffs to Arbitration
    Jun-9-20 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 e...
  • Excessive Overdraft Fee Lawsuits Hit the Heartland
    May-29-20 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 pro...
  • Mandatory Arbitration Amendments Thwart Excessive Overdraft Fee Lawsuits
    May-22-20 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 c...
  • Can California Employers Pay Workers with Reloadable Debit Cards?
    Apr-27-20 Riverside County, CA Janelly Sandoval filed a class action lawsuit against Home Depot in Riverside Superior Court on January 31,2020. The lawsuit, which has since been removed to the District Court for the Central District of California, claims that Home Depot violated Sections 201 through 203 of the California Labor Code by paying her final wages by m...
  • Wells Fargo Fake Account Scandal Grinds On
    Apr-23-20 Oakland, CA The Northern District of California has approved attorneys’ fees in the settlement of the latest lawsuit arising from the massive Wells Fargo fake account fraud. The scandal came to light in 2016 after account holders raised questions about mysterious bank overdraft fees that they were charged. The bank’s misconduct, however, ma...
  • JPMorgan Chase to Settle 401k Self-Dealing Lawsuit
    Apr-22-20 New York, NY JPMorgan Chase has notified the Second Circuit that it will settle a class action ERISA lawsuit affecting as many as a quarter million 401k plan participants. Details of the settlement will be available by May 22, when the motion for preliminary approval is submitted to the court. Thus ends yet another self-dealing lawsuit against JPMor...
  • Three litigation theories of excessive bank overdraft fee lawsuits
    Apr-10-20 Ft. Lauderdale, FL When people come to talk to Jonathan Streisfeld, a KO partner, about excessive bank overdraft fees and returned item fees, “they feel frustrated with the number of fees assessed on what should be a small dollar transaction. They are confused about their bank’s practices.” More than anything, they just want their money b...
  • BOK Financial Excessive Overdraft Fees Lawsuit News & Legal Information
    OK Financial (BOKF) and other financial institutions face allegations that they use deceptive practices in charging customers overdraft fees. Overdraft fees lawsuits filed against BOK Financial allege the company reordered financial transactions to maximize profits from overdraft fees. BOK Financial, based in Tulsa, Oklahoma, is a top-25 US-based bank w...
  • Overdraft Fees Waived During COVID-19 Pandemic
    Apr-2-20 Washington, DC Some banks are pitching in during the COVID-19 pandemic by forgoing overdraft charges and other actions that can support consumers. Banks aren’t known for their philanthropy:  In return financial institutions can earn credit toward their Community Reinvestment Act requirements (CRA).  The Federal Reserve, Federal Deposit...
  • Mesothelioma & Asbestos Lawsuit News and Legal Information
    Asbestos mesothelioma is a fatal asbestos cancer involving the mesothelium, a protective lining that encloses most of the body's internal organs. The only known cause of mesothelioma seems to be exposure to asbestos particles in the air. The time between exposure and the appearance of symptoms can be as long as 20 to 50 years. Asbestos Heal...
  • Asbestos Mesothelioma FAQ
    Asbestos FAQ What is asbestos? Must asbestos be removed and who should remove it? What diseases are caused by asbestos exposure? What is asbestosis? What is mesothelioma? Who is at risk for asbestos-related disease? What should I do if I think I have been exposed to asbestos fibers? What is the government doing about asbestos use? Asbe...
  • TIAA ERISA LAWSUIT TARGETS SELF-DEALING IN LOAN ADMINISTRATION
    Mar-16-20 New York, NY Retirement plan participants who are concerned that plan administrators and service providers may be running the plan for their own benefit can extract three important lessons from Haley v. Teachers Ins. & Annuity Assoc. of America . First, the possibility that plan fiduciaries and record keepers may be engaged in self-dealing is a very...
  • First Saving Bank Hit with Excessive Overdraft Fee Lawsuit
    Mar-12-20 Las Cruces, NM On January 14, Bonnie Becker, doing business as Oma’s Slice of Heaven, filed a class action lawsuit in New Mexico federal district court, claiming that First Savings Bank assessed bank overdraft fees even when the transactions in question did not overdraw the account. The Complaint is fairly cursory, but it seems to set out a fam...
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