Chimicles & Tikellis LLP, along with its co-counsel, has filed a proposed class action lawsuit in federal court in Dallas against Comerica Bank. The lawsuit seeks class action status on behalf of consumers who have been assessed multiple overdraft fees.
According to the complaint (available here), Comerica does not post debit card transactions to consumers’ accounts in the order in which they actually occur. Instead, the complaint alleges that Comerica engages in the deceptive practice of re-ordering the posting of debit transactions. As a result of this allegedly deceptive practice, the debit transactions are posted from the highest amount to the lowest amount, consumers’ accounts are depleted faster, and consumers are charged multiple overdraft fees by the bank. The complaint alleges that this re-ordering practice has no relation to the date on which the transactions were initiated by the customer. The MDL court has issued an opinion that, in large part, denied Comerica’s motion to have the case dismissed.
On August 10, 2012, the United States District Court for the Southern District of Florida granted the plaintiffs’ motion for class certification. The court certified a nationwide class of Comerica customers who, before August 15, 2010, incurred overdraft fees as a result of Comerica’s practice of re-sequencing debit card transactions from highest to lowest. Comerica sought permission from the United States Court of Appeals for the Eleventh Circuit to appeal this class certification ruling, which was denied. It then sought to have the Eleventh Circuit reconsider that ruling, which was also denied.
Comerica is one of several banks whose debit card posting practices are being challenged in the MDL proceedings in the Miami federal court. Several of these banks have settled class action lawsuits involving similar conduct. The lawsuit against Comerica is in the discovery phase and still ongoing.
If you have a debit card account at Comerica Bank and have been charged multiple overdraft fees as a result of the practices described above, please contact the attorneys below.