A Wisconsin resident filed an overdraft fees class action lawsuit against Landmark Credit Union, alleging the company used deceptive overdraft practices.

The plaintiff, Danell B., filed this overdraft fees class action lawsuit on behalf of herself and all others similarly situated. Danell’s overdraft fees class action lawsuit against Landmark Credit Union was also filed against a number of unknown defendants, considered in the suit to be “Does.” Those considered to be Does in this overdraft fees class action lawsuit include “agents, partners, joint ventures, subsidiaries, and/or affiliates” of Landmark Credit Union.

Landmark Overdraft Fees Class Action Lawsuit

According to the overdraft fees class action lawsuit, the plaintiff was charged overdraft fees even when her account contained sufficient money to complete the transaction. The overdraft fees class action lawsuit alleges that this is in direct violation of her contract with Landmark, which states that she would only be charged overdraft fees when her account did not hold enough money to complete the transaction.

This scenario has happened more than once, the overdraft fees class action lawsuit claims, but cited one specific instance prior to obtaining the plaintiff’s account records with Landmark. The lawsuit notes that on December 21, 2015, the plaintiff had $239.61 in her account when she purchased something for $32.50. This left $207.11 in her account—substantially above zero.

However, even though her account contained sufficient funds to complete the transaction, the lawsuit claims, Landmark charged her a “Check Card Overdraft Fee” for $30—almost as much as the actual purchase. This happened several more times, with each purchase incurring a “Check Card Overdraft Fee” of $30, despite the account continuing to hold sufficient funds for these purchases.

The overdraft fees class action lawsuit was filed by the plaintiff on behalf of herself and all other Landmark customers in a similar situation, who have incurred overdraft fees despite having sufficient funds in their accounts.

Overdraft Fees

Overdraft fees are incurred when a customer overdraws the money in their bank account. Banks and credit unions often offer overdraft protection programs to their customers. With overdraft protection in place, a customer is allowed to take money they do not have out of the account. Customers are subsequently charged overdraft fees for the transfer of money.

Overdraft fees are an expected component of any overdraft protection. However, a growing number of customers at a variety of banks and credit unions across the country are filing complaints and lawsuits about their bank’s overdraft protection programs, arguing that their overdraft practices are deceptive.

Certain financial institutions may use deceptive overdraft practices to trick or force customers into potentially excessive overdraft protection that they didn’t ask for, wringing out as much money in overdraft fees as they can. Indeed, banks brought in around $37 billion in overdraft fees in 2009 alone. For credit unions like Landmark, overdraft fees can make up 6 to 7 percent of their gross revenue.

Filing an Overdraft Fees Class Action Lawsuit

Some bank and credit union customers affected by overdraft fees and deceptive practices have begun filing lawsuits like this against financial institutions.

If you have been subjected to unfair overdraft fee practices, you may be able to join an overdraft fees class action lawsuit.

The Overdraft Fees Class Action Lawsuit is Behrens v. Landmark, et al., Case No. 3:17-cv-00101, in the U.S. District Court for the Western District of Wisconsin.

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