BofA Convenience Check Suit Not Preempted, High Court Hears

Law360, New York (October 1, 2012, 6:51 PM EDT) -- A California man accusing a Bank of America NA unit of letting him write credit card checks without disclosing fees wants the U.S. Supreme Court to revive a proposed consumer class action brought under a state statute he says was wrongly deemed preempted by federal law.

Allan Parks, who faced unexpected charges after using “convenience checks” linked to his credit card account, says in his Sept. 19 petition that the California Supreme Court had misread precedent to find the National Banking Act blocks state restrictions on...
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