EDNY Judge Substantially Narrows Claims In Consolidated Overdraft Class Actions

Class Action Overdraft

On March 5, the U.S. District Court for the Eastern District of New York held that the named plaintiffs lack standing to bring claims in a multidistrict class action alleging illegal overdraft practices by a national bank. In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litigation, No. 13-md-2451, 2014 WL 868827 (E.D.N.Y. Mar. 5, 2014). The three consolidated actions are similar to numerous actions filed against national banks across the country in which bank customers have alleged, generally, that banks manipulated debit card transactions to increase the number of overdraft fees charged to customers by re-ordering daily transactions from highest to lowest dollar amount, resulting in a higher number of individual overdraft transactions. On the bank’s motion to dismiss in this case, the court held that the named plaintiffs never lived or conducted business in 10 of the 12 states where the allegations arose and therefore lacked standing under the applicable state statutes giving rise to the claims. The court added that if the plaintiffs sought to add representatives from the other states, it would be difficult for the court to adjudicate the claims given the discrepancies between state laws. The court dismissed numerous claims under the laws of the two remaining states (California and New York), but allowed the plaintiffs breach of implied covenant and good faith and fair dealing claims under both New York and California law, and claims under California’s Unfair Competition Law and False Advertising Law, to proceed.