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WesBanco Bank Overdraft Fees Class Action lawsuit
(Photo Credit: Eric Glenn/Shutterstock.com)

WesBanco breaches its contracts with consumers by charging overdraft fees on accounts that are not overdrawn and charging numerous insufficient fund fees on the same item, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in West Virginia on May 28 by lead Plaintiff Regina Luckett, who alleges that the bank was “unfair and unconscionable” in its fee charging.

Luckett says in the claim that “in plain, clear, and simple language” the checking account contract documents discussing overdraft (OD) fees promise that WesBanco will only charge OD fees on transactions where there are insufficient funds to cover them, and will assess only one insufficient fund (NSF) fee on the same item or transaction.

However, she says the bank charged her numerous NSF fees on the same item and charged her an OD fee when her account wasn’t overdrawn.

According to the class action lawsuit, Luckett attempted a payment to Paypal on Sept. 27, 2018, which was rejected by WesBanco due to insufficient funds in her account. The bank charged her a $35 NSF fee, which she did not dispute. However, on Oct. 1 2018, WesBanco again rejected the item, and charged a second $35 NSF fee, in all charging her $70 in fees for a single item.

“WesBanco also breaches its duty of good faith and fair dealing when it charges fees in the above circumstance,” the claim states.

The class action lawsuit adds that WesBanco’s customers have been injured by the company’s improper practices to the tune of millions of dollars taken from their accounts in violation of their agreements with the bank.

The claim says that WesBanco’s Account Documents never disclose the bank’s practice of charging numerous NSF fees on one item, instead saying that it will only charge a single NSF fee on an item or per transaction.

 “The same ‘item’ cannot conceivably become a new one each time it is rejected for payment then reprocessed, especially when—as here—Plaintiff took no action to resubmit it,” the claim says.

It adds that other banks and credit unions that employ the “abusive practice” clearly disclose it to their account holders— “something WesBanco never did here.”

“WesBanco uses its discretion to define the meaning of ‘item’ in an unreasonable way that violates common sense and reasonable consumer expectations,” Luckett says in the class action lawsuit.

She alleges that the bank also charges OD fees on accounts that are not overdrawn. WestBanco immediately debits accounts for debit card transactions and keeps the money aside until the payment is posted. However if subsequent payments are made that take the account into overdraft, the bank will also charge an overdraft fee on the initial transaction made when funds were available, the class action lawsuit states.

“There is no justification for these practices, other than to maximize WesBanco’s OD Fee revenue,” the claim states, adding the charges only exist because intervening checking account transactions reduce an account balance.

It adds that WesBanco is free to protect its interests and either reject those intervening transactions or charge OD fees on those intervening transactions— “and it does the latter to the tune of millions of dollars each year.”

Luckett wants to represent anyone wrongly charged an OD or NSF fee by WesBanco. She is suing for breach of contract and seeks certification of the class, monetary damages, restitution, declaratory relief, interest, legal fees, and a jury trial.

WesBanco isn’t the only bank to face legal action over its charging of fees. In March, Credit Union New Jersey was hit with a class action lawsuit for allegedly charging customers $30 overdraft fees, despite accounts having ample money to cover transactions. 

Have you ever been wrongly charged an overdraft or insufficient fund fee? Let us know in the comments section!

Luckett is represented by Scott S. Segal of The Segal Law Firm, Taras Kick of The Kick Law Firm, APC, and Jeffrey D. Kaliel and Sophia G. Gold of  Kaliel Gold PLLC.

The WesBanco Overdraft Fee Class Action Lawsuit is Luckett vs. WesBanco Bank Inc., Case No. 5:21-cv-00081-JPB, in the U.S. District Court for the Northern District of West Virginia at Wheeling.


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19 thoughts onWesBanco Unfairly Charges Customers Overdraft, Insufficient Fund Fees, Class Action Lawsuit Claims

  1. Debbie stapleton says:

    Did you ever go to get money out of your account the morning your social security check had been deposited and be told you were 149.88 in the red took my whole check someone had hacked my account and these idiots let them I got charged $35 pet item plus $10 a day till my check deposited for each item I got some monet back but am still trying to play catch up with bills they closed my account due to fraudulent activity said it was my fault

  2. Cindy Harrison says:

    I received checks on this lawsuit a couple of weeks ago. However my dad wanted me to be added to his bank account as he’s getting older and the bank ran a check on me and Wesbanco has me listed in the check system as 2 charged off accounts preventing me from signing onto any new bank accounts. Shouldn’t this have been removed along with payment received ? I would have thought receiving money was an admission of wrongdoing yet I’m still being punished.

  3. Mariel Fisher says:

    I received a letter in the mail but misplaced it, not sure if it’s too late.

  4. Peter A. Winchester says:

    I was charged over $500 in fees by wesbanco. I had already mailed in a form

  5. Betty Smith says:

    If a person had $100.00 balance and a 5 checks come in, $9.00, 10.00, 3.00, 6.00 and $99.00, Wesbanco would post the 99.00 check first, then charge NSF $35 on the first 4 checks/debits for a total of $140.00. When they could have paid the first 4 debits and they would have cleared. I addressed similar incidents with them to no avail. Also, they seem to post the checks first, before taking any deposits in. We were in debt to a tune of $900.00 before we left. It’s like a dominoe effect and Wesbanko knows that the charges are going to keep being posted. Now a collection agency is trying to collect it. I was paying them until I found out about this class action. I just wish someone had stopped them earlier. Oh, and since moving to another bank, we have never had one NSF charge.

  6. Jacquita Book says:

    I have had checking account vat WesBanco a joint account with my husband for several years and he passed away October 8 2021 I after a couple days of suffering this devastating loss had his debit card was going to use got denied account has been closed without my knowledge.i called the bank to see who authorized closing living in small town their response was that his obituary was seen in the . paper so they closed account I didn’t authorize the closing yet. I went to bank and had to open new account in my name which I had all intentions of doing in time . At least in the next few days but they had already done so that account did have 500.00 overdraft protection in which I had been charged in the prior years tremendous amounts of fees to cover to the point it became a financial burden to make the account in the positive I was in shock by the amount of fees that had snowballed like a domino effect for months as we lived on fixed income after retirement. After they took the privilege of closing account without myself calling to close it myself. I did open the new account in my name within a week of his passing but didn’t get the 500.00 dollar overdraft protection. I am sure I was overchargeed fees on the joint account on a regular basis for several months if not years . I find that very rude of a business to make that decision so quickly with my knowledge because a few employees new my husband and saw obituary and took it in them selves to close the joint account that we had had for years . I was grieving the loss of my husband of forty three years which was devastating My first thought after a couple days was not to notify the bank to close joint account we had for years I did have every intention to do it in the following week which I did but I don’t think it was their job to close it because someone in this little town saw his obituary in the paper . Thank you for listening. As I still grieve the loss of the love of my life my children’s father and POPPI to my grandchildren .

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