Could a class action lawsuit be filed against the bank?

Question

My bank employs the Biggest Check First when charges excessive overdraft fees. My account, with a balance of $1000, was charged overdraft fees twice when two checks came in the same day, check 101 $10 and check 102 $1010. It would have been charged only once if the Smallest Check First or Order by Check Number were used. The Customer Agreement didn’t specify which way will be used when overdraft happens. The bank purposely does so to collect more overdraft fees without awareness or agreement of customers.

Answer 1

As you see from the answers you got, most of the American public are 30 years behind, when it comes to social conscience. Red hot capitalism

The banks can impose a reasonable charge to cover their costs, but have no right to overcharge or impose fines.

In UK there is now a big public protest about bank overcharging and a group of people have asked the court for permission for class action. Unfortunately it was turned down. Nevertheless, the regulator of the industry is looking into the problem and we hope he will give a ruling as to what is a reasonable charge before long.

Answer 2

No, you couldn't file a lawsuit against the bank, most of this is spelled out in the initial disclosures you got when you opened the account...since both checks came in the same day, it is possible the big one just came through first, check numbering is for your use only so the computer will not go by that...if you don't have money in the account you will have the fee, unless you make a deposit the same business day...depending on the bank, some will pay the check and simply charge you the fee, others will charge the fee and return the check---which means you will also have fees from whoever you wrote the check to...to avoid fees, make sure you keep a register and know how much money you have...here's an idea that may help you---have the bank link your savings account to your checking, and if you overdraw the money will be transferred to cover the checks; there is a fee for that too, but usually a lot less than the overdraft fee charge. Hope this helps :)

Answer 3

Actually, it is your fault for being over drafted. Usually the banks inter in the transactions as the checks come in. If the $1010 check hit your bank first than the $10 check hit you will get hit with overdraft fees twice. Please learn better money management skills and do not write checks for more than you have to avoid this in the future.

Answer 4

That's the way all banks work. Deal with it by being responsible and never writing a check that you can't cover - in some jurisdictions that is a felony, depending upon the amount.

Once again, someone wants to play the victim because they can't deal with the consequences of their own actions.

The bank doesn't want to collect overdraft fees - that's not what they are in business for; overdraft fees are a *PUNISHMENT* for abusing their services. You can't write checks for more money than you have.

Answer 5

It is illegal to write checks knowingly, if you have no funds. Essentially it is theft. You cannot sue them for charging for either sending a check back or paying. If you continue the overdrafts, they will close your account and could actually sue you for the charges and balance owed at time of closing.

I ws in banking a long time and I've seen it happen.

Answer 6

Best way to deal with this is to not write checks for $1020 when you have $1000 in the bank

Answer 7

Are you dumb? The bank doesnt control which checks get processed first. They come in, they go through. Stop stealing from your bank and calling them wrong.