I previously sent an email update regarding a dismissal/summary judgment in a matter styled Williams v. Happy State Bank, No. 07-22-00003-CV, 2022 WL 226852, Williams v. Happy State Bank (Tex. App. Jan. 26, 2022, no pet.).  (Tex. Court of Appeals, 7th Dist. 2022).  In that update, I wanted to let various banks and credit unions know of a good victory in one of the many nationwide class actions being filed against banks and credit unions over various overdraft fees and/or NSF fees being charged to customers.  I am attaching that final dismissal order.

I recently had two more hearings and obtained two more final dismissals/summary judgments in two other matters.  More specifically, as seen by the two attached final dismissals/judgments, on or about April 5, 2022, Texas Bank and Trust was awarded the attached Order ending that class action.  Likewise, on or about April 18, 2022, City National Bank of Sulphur Springs not only obtained a dismissal of Plaintiff’s claims, but the Court also determined that the bank was able to recover its attorneys’ fees, costs and expenses.  I am also attaching a recent written opinion where the Federal District Court granted a Motion to Dismiss to end the class action proceeding.  The Court ruled that the bank’s deposit agreement had sufficient language to rebut Plaintiff’s claims.  McCollam v. Sunflower Bank, N.A., No. 21-CV-1484-WJM-SKC, 2022 WL 1134276, — F.3d — (D. Colo. April 15, 2022).

Unfortunately, more and more banks and credit unions are facing such class actions lawsuits.  I strongly suggest all banks and credit unions to review their deposit account agreements, overdraft agreements and/or other banking agreements, particularly with regards to how fees are disclosed and accessed to try to prevent such future class actions.  I have already revised many banks’ deposit agreements and/or other documents to try to prevent such future class action lawsuits.

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 phuttenbach@craincaton.com.


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
phuttenbach@craincaton.com | Download Vcard

Martin vs. Texas Bank and Trust

Coats vs. City National Bank of Sulphur Springs

McCollam vs. Sunflower Bank

Williams vs. Happy State Bank