BankPlus class action lawsuit overview:
- Who: A Mississippi man, plaintiff Tommie Albright, filed a class action lawsuit against BankPlus.
- Why: The plaintiff claims BankPlus violated federal law by charging overdraft fees on one-time debit card and ATM transactions without first obtaining customers’ affirmative consent.
- Where: The BankPlus class action lawsuit was filed in Mississippi federal court.
A new class action lawsuit alleges BankPlus violated federal law by charging overdraft fees on one-time debit card and ATM transactions without first obtaining customers’ affirmative consent.
Plaintiff Tommie Albright’s class action lawsuit claims BankPlus failed to provide a “clear and unambiguous” description of when its account holders can expect to be assessed overdraft fees.
Albright argues BankPlus’ opt-in form — which he claims failed to comply with Regulation E, a federal regulation that requires financial institutions to obtain affirmative consent from account holders before assessing overdraft fees on one-time debit card and ATM transactions — does not accurately represent the company’s actual fee practices.
“Because, upon information and belief, Defendant’s Opt-in Form does not comply with Regulation E or the EFTA, Plaintiff was unable to predict these fees or affirmatively consent (or opt-in) to Defendant’s overdraft program,” the BankPlus class action says.
Albright wants to represent a nationwide class of BankPlus checking account holders who were opted into overdraft protection for one-time debit card and ATM transactions and were assessed overdraft fees on these transactions during the applicable statute of limitations.
BankPlus’ opt-in form ‘flouts’ Regulation E, class action claims
Albright argues BankPlus’ opt-in form “flouts” the purpose of Regulation E, which he says is to protect individual consumers engaging in electronic fund transfers and to provide them with a clear and readily understandable description of the financial institution’s overdraft services.
“Defendant’s failure to identify and explain its overdraft program prevents consumers from affirmatively consenting (or opting in) to the program,” the BankPlus class action says.
Albright claims BankPlus is guilty of violating the Electronic Fund Transfers Act and Regulation E and was therefore unjustly enriched.
He demands a jury trial and requests declaratory and injunctive relief and an award of actual damages and restitution for himself and all class members.
In related news, last year TD Bank reached a $32.225 million settlement resolving claims the bank charged illegal overdraft fees.
Have you ever been charged overdraft fees by BankPlus? Let us know in the comments.
The plaintiff is represented by Winston S. Hudson of Jennings & Early PLLC.
The BankPlus overdraft fees class action lawsuit is Tommie Albright v. BankPlus, Case No. 4:25-cv-00035-MPM-JMV, in the U.S. District Court for the Northern District of Mississippi.
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One thought on BankPlus class action alleges unfair overdraft fees
My husband was charged in the thousands in overdraft fees that his ex wife was responsible for. It was a joint account she could not use per court order after Sept 2018. She used it til May 2022, when they finally closed it because she was forcing payments thru! They wouldn’t even refund the overdrafts.