In Re Checking Account Overdraft Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the plaintiffs sufficiently pleaded procedural unconscionability due to obvious disparity in sophistication and bargaining power, lack of opportunity to negotiate, and plaintiffs’ allegations that they were not notified that they had the option to decline the overdraft service
• collecting cases where declaratory relief under the theory of unconscionability was permitted as a procedural matter
• rejecting the defendants’ reliance on the UCC in arguing for dismissal of the plaintiffs’ unconscionability claim
• denying motion to dismiss unjust enrichment claim based in part on alleged bad faith manipulating of debit transactions
• applying California law, holding that conversion action is available for wrongful debiting of funds from customer’s account because it interfered with [the] plaintiffs’ right to possess and use those funds
• applying California law, holding that conversion action is available for wrongful debiting of funds from customer’s account because it interfered with [the] plaintiffs’ right to possess and use those funds

Source: CourtListener parenthetical corpus (CC0).