January 31, 2013

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Class action litigation concerning overdraft fees is an ongoing issue nationwide.

We continue to be involved in class action litigation regarding overdraft fees on consumer deposit accounts. Similar lawsuits have been filed in state and federal courts around the country. The plaintiffs’ main arguments in such cases are that:

• The defendant banks unlawfully reorder check and other debit transactions from highest to lowest dollar amount to maximize the number of overdraft and NSF fees charged to their customers; and
• The defendant banks misrepresent or fail to disclose their “high-to-low” overdraft fee policies to their customers.

The plaintiffs in these cases typically assert a variety of claims and seek compensatory, statutory, and punitive damages, as well as injunctive relief. Because these lawsuits are always brought as class actions and because the courts have been amenable to certain theories advanced by plaintiffs, the potential liability for targeted banks can be substantial.

Please contact us if you have any questions or if you would like us to conduct a “best practices” review of your overdraft fee policies.