In re Checking Account Overdraft Litigation
United States District Court for the Southern District of Florida
694 F.Supp.2d 1302 (2010)
Individual plaintiffs from various states sued numerous banks (defendants), alleging a widespread practice of posting debit-card transactions from largest to smallest specifically to maximize overdraft fees, and asserting claims including breach of contract, breach of the covenant of good faith and fair dealing, unconscionability, conversion, and unjust enrichment. The Judicial Panel on Multidistrict Litigation consolidated the related actions before this court, and the banks filed an omnibus motion to dismiss.
Whether numerous multidistrict litigation complaints alleging that banks charged debit-card overdraft fees in breach of contract and the covenant of good faith and fair dealing will survive a motion to dismiss.