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Case ID: 3919 | Credit / Debt | 11/08/2004
A class action lawsuit has been filed on behalf of Maryland residents who were charged a $5 fee in order to cash a paycheck issued by Bank of America NA at one of the bank's branches. The lawsuit contends that the bank's issuance of this fee is unfair and that the bank is deceitful in its failure to disclose the fee or to advise consumers as to how to avoid the fee. The lawsuit seeks a refund of the check cashing fees and other damages. The suit was originally filed in state court but has been removed to the U.S. District Court. A motion by the defendant to dismiss the claim is pending.
The complaint alleges that some $216 billion dollars in check cashing fees of the type at issue in this suit are charged by American banks, including giant Bank of America, every year. The complaint further states that these fees are "no-see-ums" that are "embedded in fine print or collected so seamlessly that consumers don't realize it until long after the fact. The complaint further alleges that Bank of America never told the plaintiff check cashers that they could avoid the fee altogether by simply opening an account at the bank. The plaintiffs seek a refund of the check cashing fees together with interest, costs and other damages. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Credit / Debt Cases of Interest A class action has been filed against attorney Elliot Rosenberg on behalf of all Connecticut residents who, since October 14, 2002, have received a threatening collection letter purporting to be from Mr. Rosenberg. Consumers allege that these collection letters are not actually sent by Mr. Rosenberg, but come from unknown sources simply using his name as a means of intimidation. Consumers claims that these actions are prohibited under the federal Fair Debt Collection Practices Act and they are seeking statutory damages as a result.
Discrimination takes many forms, all of them insidious. The parties have reached a final $1.2 million settlement in an action filed against Flagstar Bank, FSB, on behalf of white customers who alleged that the lender charged them higher fees than minorities in violation of federal and state lending laws. Parties who have not been notified of the settlement should contact the class attorneys as soon as possible. A national class action has been filed in New York against collection specialist, Maximus, Inc. The action is brought on behalf of all U.S. residents who received a collection letter from Maximus which demanded payment within 30 days. Consumers claim this demand has the effect of overshadowing the statutorily required statement entitling consumers to challenge the validity of the alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action has been filed against American Express Company and the American Express Centurion Bank on behalf of AmEx cardholders, who allege that the company denies them the 20-day grace period to make payments as stipulated in their agreements, and wrongly charges them late fees and finance charges in violation of state consumer protection laws. A class action lawsuit has been filed on behalf of debtors of Superior Asset Management, Inc. The suit alleges that Affiliated failed to adhere to the requirements of the federal fair debt collection practices act in its interactions with debtors. Additional details will be reported as they become available. A class action has been filed against Bank of America, N.A., alleging that the company has violated South Carolina law by not entering into the public record, within the three-month period required by statute, notice that mortgages have been paid in full.
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