The Class-Action Lawsuit That Cost Bank of America Tens of Millions

A partner and class-action litigator at Kalliel, PLLC, Jeffrey Douglas Kaliel is an expert in consumer class actions and has recovered hundreds of millions of dollars for clients. Jeffrey Douglas Kaliel played a substantial role in litigation in the case of Farrell v. Bank of America.

The case arose when Bank of America customers found that the bank was assessing extended overdrawn balance charges on their accounts. Normally, banks assess a fee when an account becomes overdrawn. However, Bank of America was assessing additional fees if the overdraft remained in effect for five days.

This violates the National Bank Act’s usury limit. Bank of America was charging its customers in exchange for providing no service whatsoever, essentially charging people for allegedly being indebted to the bank.

Qualifying for the class action were close to six million consumers, including Bank of America checking account holders who were assessed overdraft fees between the dates of February 25, 2014, and December 30, 2017. Bank of America ultimately admitted no liability but agreed to settle the case for $66.6 million.

Lawsuits against Excessive Overdraft Charges Gaining Traction

Named one of the Super Lawyers Rising Stars of Washington, DC, Jeffrey Douglas Kaliel has a proven record of success in the filing, litigating, and resolving of class-action lawsuits. A partner at the law firm Kaliel PLLC, Jeffrey Douglas Kaliel represents plaintiffs in overdraft cases against consumer financial service companies.

The Credit Union National Association (CUNA) and the National Association of Federally Insured Credit Unions (NAFCU) have acknowledged the growing number of lawsuits filed against credit unions for excessive overdraft charges. Law firms have been serving credit union members in suits that target specific aspects of the disclosure.

Most class actions filed against credit unions deal with the disclosures on overdraft policies that they make with their members. Attorneys have been successful in driving the argument that most overdraft forms and regulations are unclear. For instance, credit unions generally fail to define what “available balance” is, and the method to use in determining available balance.

Since 2018, Kaliel PLLC has vigorously campaigned for plaintiffs to file lawsuits against credit unions for excessive overdraft charges. Class actions have been filed in many states, including New York and Maryland. NAFCU credits the attorneys for assembling well-researched lawsuits against credit unions.

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