Individual Claim Survives In Suit Over BofA Stop-Payment Fee

Law360 (August 13, 2019, 10:01 PM EDT) -- Bank of America escaped a proposed class action accusing it of illegally charging a fee to stop recurring electronic payments from checking accounts after a California federal judge whittled the suit down to one claim made by a lead plaintiff in an individual capacity Tuesday.

Customers James Foreman and Alvin Moody had alleged that BofA violated the Electronic Fund Transfer Act and California's Unfair Competition Law by charging a $30 stop-payment fee, but U.S. District Judge Beth Labson Freeman found that while the plaintiffs had standing to bring their claims, the EFTA doesn't bar such fees.

"The EFTA's language unambiguously does...

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