Veronica Gutierrez v. Wells Fargo Bank, N.A.

How courts have described this case

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

• holding that consumer fraud claims under California Unfair Competition Law was not preempted by NBA
• holding that state statute’s prohibition on fraudulent and/or misleading statements was not preempted by NBA
• noting that state law may not “prevent or significantly interfere with the national bank’s exercise of its powers.” (citation and internal quotation marks omitted)
• finding that claims challenging a defendant bank’s ability to re-sequence the posting order of transactions were preempted by defendant’s “federally authorized power to choose a posting order”
• finding that UCL action challenging bank’s misleading overdraft fee collection practices was not preempted by the NBA, despite finding that the NBA did preempt some UCL claims concerning banks’ power to choose posting method
• vacating permanent injunction after bench trial on the basis that the NBA preempted state law

Source: CourtListener parenthetical corpus (CC0).