Banks in California cannot deduct overdraft fees from Social Security benefits

Published: January 19, 2006

Court of Appeal of California , No. 301917
Issue: Overdraft Loans
Amicus Brief, filed 19 Jan 2006

Download the full brief (PDF)

CRL's amicus briefs in support of the plaintiff class in Miller v. Bank of America. CRL argues that California law concerning banks' set-off powers forbid banks from deducting overdraft fees from public benefit payments, including Social Security benefits, and this law is not preempted by the National Bank Act or regulations issued by the Office of Comptroller of the Currency. The trial court entered a verdict in favor of the plaintiff class; CRL participated in this case before the California Court of Appeals, First Appellate Division, and the California Supreme Court.