Sarah Mirando  |  October 30, 2012

Category: Legal News

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Wells Fargo Loses Bid to Dismiss Overdraft Fee Class Action Lawsuit

By Matt O’Donnell

 

Wells FargoWells Fargo lost a bid to force customers into arbitration who are suing the bank for improper overdraft fees. The decision is a big win for Wells Fargo customers seeking refunds through a massive class action lawsuit known as In Re: Checking Account Overdraft Litigation.

Wells Fargo is just one of more than 30 banks involved in the consolidated case, which includes dozens of class action lawsuits accusing banks of reordering overdrafts to maximize fees. Many of the banks have already settled their portion of the case, including Bank of America, JPMorgan & Chase and U.S. Bank.

Wells Fargo attempted to get out of the class action lawsuit by trying to enforce a mandatory arbitration agreement it has with customers. A federal appeals court denied the request on Friday, however, ruling the bank can’t force arbitration after waiving its right to do so twice.

The court found that Wells Fargo asserted its right to force customers into arbitration after already putting them through a lengthy litigation process that lasted for years and yielded about 900,000 documents. Wells Fargo declined a trial court’s offer to arbitrate disputes in November 2009 and April 2010, and filed a motion to dismiss the class action lawsuit only after the Supreme Court ruled in April 2012 that federal law allows companies to force customers and employees to arbitrate claims individually.

Before the Supreme Court ruling, some state laws made arbitration clauses that contained class-action waivers unenforceable.

The motion to compel arbitration came too late, the court said, and would force Plaintiffs to “suffer substantial prejudice.”

The Wells Fargo Overdraft Fee Class Action Lawsuit case is In re Checking Account Overdraft Litigation, Case No. 09-md-02036, U.S. District Court, Southern District of Florida (Miami).

 

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Updated October 30th, 2012

 

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38 thoughts onWells Fargo Loses Bid to Dismiss Overdraft Fee Class Action Lawsuit

  1. Jody H Ozburn/ Jody Ozburn Walden says:

    my home zip address is 83217

  2. Jody H Ozburn/ Jody Ozburn Walden says:

    please enlist me on the list.

  3. Jody H Ozburn/ Jody Ozburn Walden says:

    please put me on the list.

  4. Jody H Ozburn/ Jody Ozburn Walden says:

    meant to say how do I sign up for class action, overdraft fees.

  5. Jody H Ozburn/ Jody Ozburn Walden says:

    Wells Fargo has taken over $5000 from us in a 2 1/2 year period. How do I sin up for the class action?

  6. Marvin Feiges says:

    This has happened to us many times. Let me know when and how to get on tis class action.

  7. Wayne Lothrop says:

    Where do I file a claim for the wellsfaro bank class action lawsuit settlement

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