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In re Checking Account Overdraft Litigation

United States District Court for the Southern District of Florida
694 F.Supp.2d 1302 (2010)


A number of individuals in various states (Plaintiffs) filed suit against various banks (Defendants) in federal court alleging that the banks had engaged in a widespread illegal practice of charging overdraft fees connected to debit card transactions. The Plaintiffs claim that the Defendants entered debit charges from the “largest to the smallest” amounts thereby maximizing their overdraft fee revenue. The U.S. Judicial Panel on Multidistrict Litigation transferred all of the related actions to the district court for pre-trial proceedings. The Panel, known informally as the MDL Panel, surveys civil actions with a common complaint pending in different federal districts and transfers them all to one district court for consolidated or coordinated proceedings. The Plaintiffs asserted various theories ranging from breach of contract and breach of a covenant of good faith and fair dealing to unconscionability, conversion, unjust enrichment, and violation of the consumer protection statutes of various states. Defendants filed an omnibus motion to dismiss the complaints. The district court ruled on the Defendants’ motion.

Rule of Law


Holding and Reasoning (King, J.)

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