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Best v. United States National Bank

Supreme Court of Oregon
739 P.2d 554 (1987)


As part of its regular business United States National Bank (USNB) (defendant) charged fees to account holders for nonsufficient-fund (NSF) checks (checks drawn where the account holder did not have enough money in their account to fulfill payment). Between 1973 and 1979 USNB increased its fee from $3 to $5 per check. Charged for NSF checks, Lonnie and Teresa Best (plaintiffs) brought suit individually and as representatives of a class of depositors. The Bests claimed that the NSF fees greatly exceeded USNB’s costs of processing the NSF checks; that USNB breached its obligation to set NSF fees in good faith; and that the NSF fees were unconscionable. The circuit court granted summary judgment to the bank, and the Bests appealed. The court of appeals reversed the circuit court on the breach of good faith claim, but affirmed the circuit court’s judgment on the remaining claims. The Bests appealed.

Rule of Law


Holding and Reasoning (Lent, J.)

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