The Cates Law Firm Files Class Action Suit Against Carrollton Bank Alleging Improper Overdraft FeesPublished: Aug 10, 2022 in Firm News
The Madison-St. Clair Record recently highlighted the class action lawsuit filed by attorney David Cates of The Cates Law Firm on behalf of his client against Carrollton Bank alleging unfair and deceptive fee assessment practices. The Complaint sets forth that in October of 2019, Carrollton Bank charged Mr. Cates’ client a $25 overdraft fee on a purchase, despite his account balance having more than $750 after the purchase cleared. The Complaint also alleges that Carrollton Bank’s own account statements reflect that the plaintiff had sufficient funds to cover the transaction at issue.
In the class action lawsuit, Mr. Cates claims that the bank abuses the power it has over its customers and their accounts. He further alleges that the bank acts contrary to customers’ reasonable expectations under their contract, which is a breach of its implied covenant to engage in fair dealing and act in good faith. Pointing out that Carrollton Bank has over $3 million in assets, Mr. Cates is seeking restitution on behalf of his client of all past fees paid, actual damages, pre- and post-judgement interest, court costs, and attorney fees.
The present class action lawsuit aligns with the Darty v. Scott Credit Union settlement of $5,575,000 provided by the Circuit Court of the Twentieth Judicial Circuit, in St. Clair County, Illinois. This class action settlement provides relief to plaintiffs with claims that Scott Credit Union charged certain types of overdraft fees throughout the vast period between November 12, 2009, and August 5, 2021. Class members in this case will receive payment from the settlement fund in an amount based on the percentage of applicable fees paid. The Consumer Financial Protection Bureau (CFPB) has expressed concern over the continuing overdraft fee issue and related class action lawsuits, referring to the practice as unfair and deceptive.
Attorney David Cates is a seasoned trial attorney with a history of successfully representing clients in nationally recognized class action and mass tort lawsuits. He is the founding principal of The Cates Law Firm, which focuses its practice on complex litigation involving personal injury, class action, mass torts, and employment law. David Cates has over a decade of experience handling cases involving numerous parties, complex legal issues, and exhaustive discovery.
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The experienced Illinois trial lawyers at The Cates Law Firm have earned a reputation for skillfully handling complex cases from start to finish. If you have class action or mass tort lawsuit, our dedicated team can take care of the complex details and prioritize your needs and goals. Call us at 618-277-3644 or contact us online for an initial consultation. With our offices in Swansea, we proudly serve communities throughout Illinois.