A Close Look at The FDIC’s Supervisory Guidance and Class Action Litigation Regarding Multiple Non-Sufficient Funds Fees Arising from Re-Presentment of the Same Unpaid Transaction
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We discuss each of the three categories of risk identified in the guidance (consumer compliance, third-party, and litigation), plaintiffs’ legal theories in class actions challenging NSF fees, the role of arbitration clauses and contract language in defending class actions, the FDIC’s suggested risk mitigation practices, issues to consider in navigating FDIC expectations for remediation of self-identified NSF fee issues and plaintiffs’ demands in class action settlements, the position of other federal regulators on re-presentment NSF fees, and state focus on NSF fees.
Alan Kaplinsky, Ballard Spahr Senior Counsel, hosts the conversation joined by Martin Bryce, a partner and senior litigator in the firm’s Consumer Financial Services Group, and Kristen Larson, Of Counsel in the CFS Group.
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