Nashville, Tennessee-based law firm Branstetter, Stranch & Jennings has filed a class action lawsuit against Georgia-headquartered regional bank United Community Bank, which has locations in three additional states, including Tennessee. BS&J filed the lawsuit with Cohen & Malad, LLP of Indianapolis, Indiana.
The suit was filed in the United States District Court for the Eastern District of Tennessee in Knoxville on Wednesday, May 16.
According to The Chattanoogan.com, “Plaintiff Dennis A. Jones, on behalf of himself and others similarly situated throughout the U.S., filed the suit seeking redress for UCB’s alleged routine practice of assessing overdraft fees on debit card transactions that did not overdraw checking account available balances, along with multiple insufficient funds fees on a single transaction. The lawsuit is brought as a class action under Rule 23 of the Federal Rules of Civil Procedure.”
“United Community Bank’s improper debit card fee practices are costing Dennis Jones, and many others like him, exorbitant sums and taking away a substantial percentage of income,” said Gerard Stranch, managing partner of BS&J. “Their practice of conducting authorized-positive, settled-negative transactions is deceptive and bears potential impact on all of UCB’s clients. UCB’s customers should be aware of the bank’s practices and the frequency with which they result in significant, unforeseen, personal cost to customers.”
Per a release from the firm:
“It is our hope that Mr. Jones, representing the class on behalf of which this lawsuit was filed, can put a stop to UCB’s unfair and improper fee practices,” said Lynn Toops, a partner at C&M. “UCB’s customers put their trust in the bank to comply with its own promises. Those customers who have been victimized by UCB’s improper practices, in direct violation of the bank’s promises, have suffered considerable financial losses. It is our goal to not only be granted restoration of these improper fees, but to hold UCB accountable for their wrongful actions.”
The plaintiff and fellow class members demand a jury trial and judgments that include:
Declaring UCB’s overdraft fee policies and practices to be wrongful;
Ordering UCB to cease its conduct regarding overdraft fees;
Restitution of all overdraft fees paid to UCB by the plaintiff and classes as a result of the alleged wrongful practices; and
Actual and punitive damages.