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CASE ENTRY

Fawcett v. Citizens Bank, N.A.

Bank charges account holders up to $90 for overdrafts. An illegal “usurious” interest charge? The First Circuitsays no; overdraft fees are not considered interest under the relevant statute or its implementing regulations. Dissent: When a bank covers an overdraft and the account holder doesn’t make good on the balance, then that’s pretty much a loan, and the overdraft fee is interest. Plaintiff should have been allowed to do some discovery.


Tags: 2019, Deference, First Circuit, Statutory Interpretation

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