S.D. Florida· 6/8/2015

In re Checking Account Overdraft Litigation

Citations

307 F.R.D. 630
2015 WL 3551527

How courts have described this case

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

holding that plaintiffs could undercut defendant’s affirmative defenses of ratification, waiver, voluntary payment, and failure to mitigate through the use of common evidence of defendant’s misinforming its customers regarding its assessment of overdraft fees
noting that affirmative defenses may “raise common questions” where they can be addressed “through the use of common evidence”
noting that affirmative defenses may “raise common questions” where they can be addressed “through the use of common evidence”
noting plaintiff’s argument that: “The evidence regarding Wells Fargo's scheme, including its uniform misrepresentations and concealment of its overdraft practices, renders Plaintiffs’ unjust enrichment and unconscionability claims typical of the class claims.”
“Unjust enrichment claims can be certified for class treatment where common circumstances bear upon whether the defendant’s retention of a benefit from class members was unjust.”
“Unjust enrichment claims can be certified for class treatment where common circumstances bear upon whether the defendant’s retention of a benefit from class members was unjust.”

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Judges: King

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Cites

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