News & Analysis as of

Banking Sector Banks Class Action

Orrick, Herrington & Sutcliffe LLP

Class action settlement seeks approval over alleged bank fee breach

On April 24, in the U.S. District Court for the Eastern District of Arkansas, a Memorandum of Law to support an unopposed motion for final approval of a class action settlement was filed to resolve all claims against the...more

Winthrop & Weinstine, P.A.

Is Your Bank A Target?

Many banks and credit unions are well-aware that they are the targets of an industry of plaintiff’s law firms. For over a decade, plaintiff’s class action law firms have been targeting financial institutions that impose...more

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

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

Orrick, Herrington & Sutcliffe LLP

District Court receives proposed settlement agreement of $6.3 million for alleged breach of contract

On February 6, the U.S. District Court for the Eastern District of Tennessee received the plaintiffs’ unopposed motion for preliminary approval of a class action settlement agreement as part of their lawsuit against a large...more

Alston & Bird

Payments Docket - May 2023

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The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for...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

Steptoe & Johnson PLLC

Consumer Financial Protection Bureau Imposes Record Fine for Consumer Banking Violations; Civil Suits May Follow

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The Consumer Financial Protection Bureau (CFPB) recently imposed its largest fine ever for consumer banking law violations. The agency’s action is a good reminder for other banks to review their own practices and may spawn...more

Ballard Spahr LLP

Class Action Lawsuit Filed Against FinTech Lender Opportunity Financial For Evading Texas State Usury Laws

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On June 1, 2022, plaintiff Kristen Michael filed a class action lawsuit against FinTech lender Opportunity Financial, LLC (“OppFi”) on behalf of herself and a putative class alleging, inter alia, that OppFi loans money at an...more

Alston & Bird

Payments Docket - June 2022

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Welcome to the first edition of the Payments Docket, our roundup of key litigation involving the payment industry. This edition features a stolen cell phone number used to buy cryptocurrency, a pair of class actions accusing...more

K&L Gates LLP

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

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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

Pierce Atwood LLP

Overdraft Class Action Litigation: Recent Developments in Maine

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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

Banks Headed for Total Victory in Agent Fees Class Actions

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Twice this year, Balch & Bingham reported on the wave of “Agent Fee” class actions against lenders who made PPP loans under the CARES Act. At one point, there were over sixty such lawsuits spread across the federal courts,...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

McGuireWoods LLP

Recap of the 30th National Forum on Consumer Finance Class Actions and Government Enforcement

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LA-based commercial litigator Arsen Kourinian has provided us with some timely notes from last week’s consumer finance litigation conference in Chicago: - On July 16 and 17, 2018, the American Conference Institute (ACI)...more

Jackson Lewis P.C.

Banks Cannot Skirt Contract Remedies In Data Breach Suit Against Retail Merchant

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Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit...more

Robinson+Cole Data Privacy + Security Insider

Mapco Express pays $1.9 Million in Data Breach Settlement

A Tennessee federal judge has approved a proposed settlement of up to $1.9 million to be paid by Mapco Express to individuals affected by a payment card data breach that occurred in 2013. Two banks alleged that Mapco...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

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REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Troutman Pepper Locke

When Classes Collide: Court Rejects $7.25 Billion Visa/MasterCard Settlement, Competition News Volume 2016, Issue 1

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The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...more

Polsinelli

Gone For Good: Federal Court Denies Arbitration Opportunity

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A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early...more

Troutman Pepper Locke

New True Lender Case Provides Support for the Bank Partnership Model

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The court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes good public policy. On September 20, the U.S. District Court for the...more

Ballard Spahr LLP

Pew’s issue brief in support of the CFPB’s proposed arbitration rule: a flawed presentation

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The Pew Charitable Trusts has released an issue brief, “Consumers Want the Right to Resolve Bank Disputes in Court,” in which it urges the CFPB to “expeditiously finalize” its proposed arbitration rule. The CFPB’s proposal...more

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