By Meryl Harris  |  May 14, 2024

Category: Lawsuits to Join

Unfair bank NSF fees: Who’s affected?

Bank fees have a man upset while doing finances.
(Photo Credit: fizkes/Shutterstock)

Were you charged multiple NSF fees for a single bounced payment? You may be eligible to recover a portion of those fees.

Consumer protection laws prohibit banks and credit unions from charging account holders more than one non-sufficient fund (NSF) fee for a single “failed” or bounced transaction. However, consumers alleged that some financial institutions have charged multiple NSF fees when a payee attempts to resubmit a payment before the account holder is able to deposit sufficient funds. 

Do you qualify?

If you paid multiple NSF fees on a single bounced check or denied electronic payment (ACH payment), you may be eligible to recover a portion of those charges. 

What are NSF fees?

Banks and credit unions charge NSF fees to account holders who do not have enough money in their checking accounts to cover a payment. NSF fees are charged when a transaction is declined due to insufficient funds. 

Under the pressure of enhanced regulations, most major banks and credit unions have eliminated NSF fees, which has saved consumers nearly $2 billion annually. However, some banks and credit unions continue to charge these fees.

The problem with NSF fees

While NSF fees are technically legal, they can amount to allegations of “overcharging” when they’re applied multiple times to the same transaction. These fees can quickly add up for consumers who are already struggling financially. They also add up for financial institutions in the form of billions of dollars in revenue.

Because of this, the Consumer Financial Protection Bureau (CFPB) and the government have been working to eliminate unfair banking fees and other types of “junk fees.”

Junk fees affect everyone, but they disproportionately impact lower-income families and people of color. 

NSF fee lawsuits

Many banks have been hit with class action lawsuits alleging excessive overdraft fees and NSF fees. Several of these have resulted in multi-million dollar class action settlements for banks such as Capital One, Bank of America and more.  

To prevent consumers from taking action in court, many financial institutions include arbitration clauses in the fine print of their service agreements. Arbitration agreements prevent consumers from taking legal action in court and instead require them to go through a private dispute resolution process.

Going up against a big company in arbitration can be daunting, but help is available. If you were charged multiple NSF fees for a single transaction, don’t let an arbitration prevent you from seeking recourse. 

See If You Qualify

Join a bank NSF fee lawsuit investigation

Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.

After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.

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