23 results for 'nos:"Banks and Banking - Other Suits"'.
J. Pallmeyer grants the defendant bank's motion to dismiss a currency exchange's claim that it is liable for check fraud worth $840. A customer of the currency exchange got $840 in cash for a check that they had already remotely deposited in their Citibank account, and the currency exchange says it is Citibank's legal duty to reimburse it. The court disagrees, finding the currency exchange has failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 8, 2024, Case #: 1:23cv5033, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending, Technology
J. Vitter grants a request by a bank to dismiss a landscaping business’ complaint the creditor did not timely process its application for a federally guaranteed pandemic recovery loan in 2021 before the Small Business Administration ran out of funds. The ruling agrees with the bank’s assertion the business disingenuously refused to admit it earned far more than the loan program’s maximum of $1 million in gross revenues required to qualify for a 30-day notification by the bank, information the business concealed by redaction from its lawsuit. "The [c]ourt will not tolerate such gamesmanship."
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 21, 2024, Case #: 2:22cv1324, NOS: Banks and Banking - Other Suits, Categories: Evidence, Business Practices, Covid-19
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J. Tunheim partially grants the bank's motion to dismiss the consumer's suit alleging that it permitted unauthorized transfers out of her checking account by a third party. The consumer's negligence and conversion claims are precluded by the independent duty rule, which requires that such claims arise from something other than a contract between the parties. They are therefore dismissed. Claims for breach of contract, aiding and abetting tortious conduct and for treble damages, however, are plausibly alleged and survive this motion.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv885, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Contract
J. Boyle grants American Express’s motion to stay litigation pending appeal of a separate case against Citibank involving identical concerns, namely that the financial institutions exploited active military servicemembers and veterans by charging exorbitant banking fees. The servicemembers and veterans brought class actions against the banks for violations of lending laws meant to protect them specifically. Because both suits are so similar, the outcome of the appeal will directly impact the outcome of the present suit, so the motion is reasonable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 5:22cv145, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Military
J. Nardacci grants final approval to a $1.2 million class action settlement to resolve claims alleging a regional bank located in upstate New York charged improper overdraft fees on customers’ checking accounts, finding the settlement fair and reasonable. The court further awards the litigants $404,792 in attorney fees, representing 33% of the value of settlement.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 1:22cv390, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Attorney Fees, Class Action
J. Bennett grants cross motions of leave to a mortgage company to file sur-reply and a class of borrowers its motion for leave to file a supplemental authority. Also, grants the class of borrowers’ motion for class certification in a suit against the mortgage company and title firm, in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The proposed class meets all of the preponderance of evidence requirements.
Court: USDC Maryland, Judge: Bennett, Filed On: October 11, 2023, Case #: 1:20cv3449, NOS: Banks and Banking - Other Suits, Categories: Real Estate, Banking / Lending, Class Action
J. Boyle denies Citibank’s motion to dismiss violations of a law protecting military service personnel from legal and financial penalties during active duty brought by a class of servicemembers after the bank subjected them to what it calls “veteran penalties.” The servicemembers claim that Citibank, although it touts itself as supportive of military personnel, gouged them with exorbitant fees. The bank argues this claim cannot survive based on personal jurisdiction. However, this is incorrect as Citibank, although not based in North Carolina, has a number of corporate offices there and representatives with enough authority to be served with a complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: September 29, 2023, Case #: 5:22cv383, NOS: Banks and Banking - Other Suits, Categories: Jurisdiction, Banking / Lending, Military
J. Boyle declines to dismiss, for lack of personal jurisdiction, allegations against Citibank brought by a putative class of borrowers who are servicemembers and veterans. They say the bank has deprived them of benefits owed to them under the Servicemembers Civil Relief Act, or only offered nominal and “illusory” benefits.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: September 28, 2023, Case #: 5:22cv383, NOS: Banks and Banking - Other Suits, Categories: Consumer Law, Banking / Lending, Military
J. DeGravelles denies a request by a credit union to dismiss a Louisiana resident’s amended class action complaint alleging that the institution violated a consumer protection regulation governing electronic fund transfers by not accurately describing its overdraft practices. The litigant has alleged sufficient facts to give rise to the inference that a regulation was violated. The credit union is not covered by the regulation’s safe harbor provision because the suit does not challenge the form in which the disclosures were made.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 22, 2023, Case #: 3:22cv368, NOS: Banks and Banking - Other Suits, Categories: Consumer Law, Banking / Lending, Class Action
J. Aiken denies summary judgment to the mortgage company on the loanee's Oregon Unlawful Trade Practices Act claim in her complaint alleging that the mortgage company made a negative “lender paid expense adjustment," adding to her mortgage balance despite the loanee paying the deferred forbearance balance and having her loan suspended during the Covid-19 pandemic. It is undisputed that the loanee made payments to fully clear her forbearance balance but that it remained on her account after she made the payments, and the loanee establishes that she suffered damages because the forbearance amount on her loan stopped her from refinancing her loan before the interest rates rose beyond her current rate.
Court: USDC Oregon, Judge: Aiken, Filed On: September 18, 2023, Case #: 6:22cv178, NOS: Banks and Banking - Other Suits, Categories: Damages, Banking / Lending, Covid-19
J. McCafferty grants a group of consumers’ motion to certify class and approves their class action settlement agreement in the class action they are taking against a credit union for violating the Electronic Funds Transfer Act, based on how the credit union assesses consumer overdrafts. The proposed settlement agreement is fair and unopposed and will go through a fairness hearing to be further explained and defended, so there is no reason to hinder it at this point.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 2, 2023, Case #: 1:21cv534, NOS: Banks and Banking - Other Suits, Categories: Settlements, Banking / Lending, Class Action
J. Matsumoto dismisses a self-represented litigant’s lawsuit brought against Wells Fargo for claims under the Dodd-Frank Act, as well as violations under federal criminal law. He alleges his bank account was double-charged for a news subscription that he had previously canceled, and Wells Fargo failed to remove the overcharge in what he claims is a systemic and deliberate accounting fraud perpetrated against its banking customers. None of the statutes in which he asserts his claims provide for a private right of action.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: June 20, 2023, Case #: 1:21cv5361, NOS: Banks and Banking - Other Suits, Categories: Fraud, Banking / Lending
J. Nardacci grants preliminary approval of a class settlement agreement to resolve claims alleging a commercial bank based in Upstate New York assessed improper overdraft fees on customers’ transactions. Potential class members have until Aug. 24, 2023, to decide whether or not to opt out of the settlement, with the final approval hearing scheduled for Oct. 11, 2023.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: May 26, 2023, Case #: 1:22cv390, NOS: Banks and Banking - Other Suits, Categories: Settlements, Banking / Lending, Class Action