Overreaction or onslaught?

Taylor, Greg
October 2010
ABA Banking Journal;Oct2010, Vol. 102 Issue 10, p65
The article reports on the effect of the federal district court's ruling on the court case Gutierrez v. Wells Fargo Bank NA on the banking industry in San Francisco, California. It notes that the ruling has raised questions on existing overdraft protection programs. It states that the court's decision on Wells Fargo's reliance on a high-to-low posting order violated the California Business and Professions Code's unfair and deceptive acts and practices (UDAP) provisions.


Related Articles

  • Seventh Circuit Affirms Limited Reimbursement By Plaintiff On Voluntary Dismissal. Davis Chaitman, Helen // Lender Liability Law Report;Jun2014, Vol. 28 Issue 6, p2 

    The article discusses the court case Wells Fargo Bank, N.A. v. Younan Properties, Inc. wherein the defendants' appeal to the Seventh Circuit for an award of all of their attorneys' fees was unsuccessful and the court ruling that an amount awarded was appropriate. Wells Fargo filed suit in...

  • $203 Million Dollar Judgment Upheld in Overdraft Fees Case.  // Pratt's Letter;11/10/2014, p4 

    The article reports that the U.S. Ninth Circuit Court of Appeals in California supported the $203 million judgment of a lower court against Wells Fargo Bank regarding its attempt to maximize overdraft fees of customer debit card purchases, violating Unfair Competition Law of California.

  • Court Limits Counsel Fees Where and that they were in some meaningful sense culpable Suit Was Essentially Uncontested.  // Lender Liability Law Report;Jul2012, Vol. 26 Issue 7, p7 

    The article discusses a court case wherein a U.S. court had ordered Wells Fargo Bank to limit its legal fees to 10,000 U.S. dollars. In Wells Fargo Bank, N.A. v. Humphrey Lumber Corp., the appellant filed a complaint against the latter after it defaulted on a note and guaranty for loan from the...

  • LENDER LIABILITY -- BANKS WIN TWO.  // Bankers Letter of the Law;Sep2011, Vol. 45 Issue 9, p3 

    The article discusses two court cases dealing with lending liability in which the courts sided with the banks. In Interpharm Inc. v. Wells Fargo Bank, the district court and the U.S. Court of Appeals for the Second Circuit dismissed the claims of the firm accusing the bank of wrongful conduct....

  • Wells Fargo Vulnerable After Court Ruling on Overdrafts. Horwitz, Jeff // American Banker;12/28/2012, Vol. 177 Issue F350, p1 

    The article presents information about a $203 million overdraft class-action lawsuit filed against Wells Fargo in California and the bank's partial victory in the U.S. Court of Appeals. The article notes the Office of the Comptroller of the Currency sanctioned the bank for allegedly ordering...

  • The Perverse Enforcement OF FAIR-LENDING LAWS. SCANLAN, JAMES P. // Mortgage Banking;May2014, Vol. 74 Issue 8, p90 

    The article discusses the U.S Department of Justice which settled claims of racial and ethnic discrimination in lending and also recoveries more than half a billion dollars. It mentions two district court cases United States v. Countrywide Financial Corporation and United States v. Wells Fargo...

  • New York Federal Court Orders Reformation of Mortgage Loan Purchase Agreement.  // Lender Liability Law Report;Mar2015, Vol. 29 Issue 3, p6 

    The article discusses the Wells Fargo Bank NA v. Sovereign Bank NA case, wherein the former filed for breach of contract and warranty against Sovereign under their Mortgage Loan Purchase Agreement (MLPA). The New York Federal Court granted Sovereigns motions to dismiss the complaints and to deny...

  • Circuit Split Emerges over National Banks' Citizenship. Whiting, Gran F. // Litigation News;Winter2012, Vol. 37 Issue 2, p22 

    The article discusses a case Wells Fargo Bank NA v. WMR e-PIN LLC, in which the U.S. Court of Appeals for Eighth Circuit announced that location of a national bank's main office rather than its principal place of business determines citizenship for diversity purposes. Wells Fargo's dual...

  • BANKING BRIEFS. BANICH, TERENCE G. // Banking Law Journal;May2014, Vol. 131 Issue 5, p446 

    The article presents U.S. banking industry news briefs. The Connecticut Supreme Court determined that an economic loss doctrine does not bar legal claims under the state's Unfair Trade Practices Act. The Florida District Court of Appeals ruled that there was a genuine issue of material fact...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics