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CloseTheBanks

Junior Member
What is the name of your state (only U.S. law)? Philadelphia

Hello my name is John, and I have a question about the legality of certain matters regarding Bank Account overdraft statements.

If the banks website clearly says that you will not be overdrafted on declined payments, and they overdraft you twice on those payments while your account has a negative balance. Could I open a class action lawsuit and have a legitimate case?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Philadelphia

Hello my name is John, and I have a question about the legality of certain matters regarding Bank Account overdraft statements.

If the banks website clearly says that you will not be overdrafted on declined payments, and they overdraft you twice on those payments while your account has a negative balance. Could I open a class action lawsuit and have a legitimate case?
You've left a whole lot out...but I'm going to go with "no"
 

CloseTheBanks

Junior Member
You've left a whole lot out...but I'm going to go with "no"
Well what do I have, this is misleading consumers? When on your website it says you won't be charged any overdraft for payments declined, and then you get overdrafted $140 on 2 payments of $30 which were declined and payed for through Paypal, isn't that misleading the consumers?

Here's what I left out.

- Banks website says in clear text, "you do not get charged overdraft on declined payments"
- Bank then attempts to charge payment which is then declined.
- Bank overdrafts your negative account anyway, $70 on 2 payments. When it says on cleartext on their website, that "you do not get charged on declined payments".

The banks overdraft services states that the bank will cover your transaction and put a $35 fee for every transaction they cover. On this case, they declined the transaction but still charged the $35 fee. This is misleading consumers who visit their website.

Do I have no case whatsoever against this?
 

Proserpina

Senior Member
Well what do I have, this is misleading consumers? When on your website it says you won't be charged any overdraft for payments declined, and then you get overdrafted $140 on 2 payments of $30 which were declined and payed for through Paypal, isn't that misleading the consumers?

Here's what I left out.

- Banks website says in clear text, "you do not get charged overdraft on declined payments"
- Bank then attempts to charge payment which is then declined.
- Bank overdrafts your negative account anyway, $70 on 2 payments. When it says on cleartext on their website, that "you do not get charged on declined payments".

The banks overdraft services states that the bank will cover your transaction and put a $35 fee for every transaction they cover. On this case, they declined the transaction but still charged the $35 fee. This is misleading consumers who visit their website.

Do I have no case whatsoever against this?

We can't see the documents. That would be helpful.
 

justalayman

Senior Member
Did you bother to ask your bank to explain why you were charged overdraft fees when what you read, as you interpret it, says you won't be charged?

That is the first place to seek an explanation. Your bank knows their policies better than anybody else.


And class action? Why do so many people think everything qualifies for a class action suit without having any idea what it requires for it to be accepted as s class action suit let alone knowing if there is anybody in the described class?
 

FlyingRon

Senior Member
I'm missing the exact sequence of events here. To me it says the bank won't charge you for declined payments you deposit (is that correct?). It doesn't say that if your account goes negative because you assumed those deposits were good that you wouldn't be charged the overdraft fee. Some banks will charge you a fee for having a declined deposit (NSF or whatever) no matter how much balance you have.

If you're saying:

Initial Balance: $100
Deposit of a check (or paypal): $100
Cancellation of check/payapl: $-100 (no service fee)
Withdrawal or check you write of $150.

You've now overdrawn the account and they didn't say they'd honor or decline that without a fee. My bank charges me the fee whether they honor it (allowing my account to go negative for a bit) or return it.


And it's not "fraud" in any event. You need to be careful with your terminology or people (not us but the banks and anybody you wish to complain to) will think you're loopy.
 

Silverplum

Senior Member
Are you even signed up for their overdraft protection service? I bank at more than one institution, and all offer that as a separate service.

(LOL at the dramatics of the username. :D)
 

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