Ohio Court of Appeals Affirms Class Certification in Lawsuit Against FirstMerit Bank Related to Bank’s Unfair and Deceptive Overdraft Fee Practices

October 2, 2013
National Law Review  
overdraft news

The Ohio Court of Appeals largely affirmed the class certification of a case brought by consumers who claim FirstMerit Bank improperly charged overdraft fees. The appellate judges rejected the bank's argument that individual lawsuits were necessary because of factual and legal issues specific to each bank customer.

According to the lawsuit, FirstMerit allegedly charged the plaintiffs and other FirstMerit customers in Ohio additional overdraft fees by posting debit-card transactions to customer accounts from the highest dollar amount to the lowest, regardless of when the transactions were actually made. The lawsuit claims that these practices breached FirstMerit’s agreement with customers and constituted fraud by the bank.










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