ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Legal

Classes Certified Against Wells Fargo in Overdraft Litigation

June 8, 2015
Reading Time: 1 min read

Case: In re: Checking Account Overdraft Litigation

Issue: Whether the two classes certified against Wells Fargo Bank N.A. (Wells Fargo) is fair and reasonable to remedy the claims of all potential class members.

Case Summary: A Miami district court certified two classes of plaintiffs in a multidistrict litigation suit alleging that Wells Fargo used deceptive practices in processing debit-card transactions to generate bank overdraft fees and misrepresented to customers the sequencing of transactions.
Plaintiffs brought the suit alleging that Wells Fargo, and former Wachovia Bank N.A., unlawfully charged them overdraft fees for their checking accounts by deducting funds from their debit-card accounts using a high-to-low posting scheme. Plaintiffs further alleged that Wells Fargo failed to disclose the high-to-low sequencing scheme and deceptively misrepresented their practices.
The district court certified two classes in separate orders: a national class of former customers of Wachovia Bank, and a national class of Wells Fargo customers except California and Indiana. The court also certified several subclasses to cover varying state jurisdictions. The court concluded that the certified classes “protect the interest of all class members to the extent feasible, given these named plaintiffs and state laws, while also affording Wells Fargo the ability to defend itself in every instance.”

Bottom Line: On June 22, 2015, Wells Fargo moved the district court to reconsider its orders granting class certification, arguing that one of the plaintiffs lacks standing to represent a subclass and the orders contain inconsistent class definitions. As of July 1, 2015, the district court has not issued a ruling.

Tags: Overdraft protection
ShareTweetPin

Author

Thomas Pinder

Thomas Pinder

Thomas Pinder is senior vice president and deputy general counsel at ABA.

Related Posts

Fifth Circuit grants ABA mandamus, vacates transfer order for second time

CFPB sends Reg X update to OMB for review

Mortgage
November 13, 2026

The proposed changes began under the Biden Administration as an attempt to simplify how financially distressed homeowners obtain assistance and avoid foreclosure. It’s not yet clear how the final version compares with the original proposal issued in July...

National bank preemption and the integrity of the U.S. payments system

ABA comments on merchant groups’ lawsuits against OCC, NCUA

Legal
November 12, 2026

“We’re disappointed but not surprised by the merchants' lawsuits, which seek only to undermine the nation's trusted and tested payments system,” ABA and its co-plaintiffs said.

Mild home appreciation in November as regions diverge

ABA DataBank: Existing home sales fell in October

Economy
November 12, 2026

Despite rising inventory, home prices continue to rise. For banks, continued weakness would likely keep mortgage originations, refinancing activity, and related fee income muted. 

U.S. Supreme Court agrees to hear debit card rule challenge

ABA survey: Consumers happy with credit card options, concerned about rate cap effects

Newsbytes
November 12, 2026

The survey, conducted for ABA by Morning Consult, showed that most Americans view the credit card marketplace as highly competitive, and they have concerns about reduced access to credit and other potential harm from policy proposals to cap...

Survey: Mortgage customers mostly satisfied, want more timely support

Survey: Mortgage customers mostly satisfied, want more timely support

Mortgage
November 11, 2026

Overall customer satisfaction is on par with last year, while slower responses and less consistent support were areas that need improvement, the survey reported.

Senators introduce new version of SAFE Act

Governors press Congress to pass cannabis banking bill

Commercial Lending
November 11, 2026

With nearly every state having legalized cannabis in some form, it is time for Congress to pass legislation to allow legal cannabis businesses to access banking services without fear of federal prosecution, 16 governors said in a letter...

NEWSBYTES

CFPB sends Reg X update to OMB for review

November 13, 2026

ABA comments on merchant groups’ lawsuits against OCC, NCUA

November 12, 2026

ABA DataBank: Existing home sales fell in October

November 12, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

October 29, 2026
The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026

PODCASTS

Podcast: Cathy Owen on the road ahead for America’s banks

November 11, 2026

Podcast: Proactively managing the core provider relationship

October 22, 2026

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.