Attached please find a great summary judgment order granted in favor of a bank which is a new decision you may find of interest regarding class action proceedings in Texas on NSF fees issues. In this case, Plaintiff made two different class allegations. First, Plaintiff claimed that the bank wrongfully imposed an NSF fee on represented items (i.e., the check was returned and then presented a second time). Second, Plaintiff claimed that the bank improperly charged overdraft fees for debit card transactions when a charge was initiated at a time when there were sufficient funds in the account, but where the transaction settled into a negative balance creating an overdraft fee (called “Authorize Positive, Purportedly Settle Negative” transactions). As many of you are aware, several plaintiffs’ attorneys have been filing class actions against credit unions and banks across the nation and have begun filing such proceedings in Texas. I recently won the enclosed court order granting a 91a motion to dismiss and/or motion for summary judgment, and not only did the court grant a take-nothing judgment on all of Plaintiff’s claims, the bank was also awarded its attorneys’ fees, costs and expenses. See attached order entered in Jaime Lynn Williams v. Happy State Bank, Cause No. 44794, in the 84th District Court of Hutchinson County, Texas. Most attorneys handling these cases do not realize that the Compass Bank v. Calleja-Ahedo case required bank customers to timely report all alleged unauthorized disbursements, including a fee that was charged to reorder checks. See Compass Bank v. Calleja-Ahedo, 569 S.W.3d 104 (Tex. 2018). This is one of the many arguments we made to try to win the recent case.
If you would like to have a copy of the complete motion for summary judgment briefing with responses and replies, please contact me and I am happy to forward them to you.
Download final summary judgment
William “Pat” Huttenbach | Shareholder | Banking Litigation
Crain Caton & James | Attorneys & Counselors
Five Houston Center | 1401 McKinney St., Suite 1700
Houston, TX 77010
Direct: 713.752.8616 | Fax: 713.658.1921
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No information in this communication is intended to constitute specific legal advice. For specific legal advice, please contact an attorney, and if you have any such questions or would like more information about this issue, please contact William “Pat” Huttenbach at (713).752.8616, or email at firstname.lastname@example.org.