Class Action Lawsuit Filed Against United Community Bank For Alleged Improper Overdraft Fee Practices

Tuesday, May 22, 2018

A class action lawsuit has been filed against United Community Bank, a regional bank headquartered in Georgia with locations in three additional states, including Tennessee.

 

United Community Bank has offices in Cleveland, Tn., and Murphy, N.C., as well as Blue Ridge, Summerville, Trion and Blairsville, Ga. 

0001pt;"> 

The suit was filed Wednesday in Federal Court in Knoxville.

 

Plaintiff Dennis A. Jones, on behalf of himself and others similarly situated throughout the U.S., filed the suit "seeking redress for UCB’s alleged routine practice of assessing overdraft fees on debit card transactions that did not overdraw checking account available balances, along with multiple insufficient funds fees on a single transaction." 

 

The lawsuit was filed by Branstetter, Stranch & Jennings, PLLC (BS&J) of Nashville and Cohen & Malad, LLP (C&M) of Indianapolis.

 

Gerard Stranch, managing partner of BS&J, said, “United Community Bank’s improper debit card fee practices are costing Dennis Jones, and many others like him, exorbitant sums and taking away a substantial percentage of income. Their practice of conducting authorized-positive, settled-negative transactions is deceptive and bears potential impact on all of UCB’s clients. UCB’s customers should be aware of the bank’s practices and the frequency with which they result in significant, unforeseen, personal cost to customers.”

 

The lawsuit alleges that:

  • UCB breached the terms of its account documents by charging overdraft fees on transactions that were authorized into a sufficient available balance, but whose balances were allegedly insufficient at the time the transactions were settled;
  • UCB breached the terms of its account documents by charging multiple insufficient funds fees on a single transaction;
  • UCB breached the covenant of good faith and fair dealing through its overdraft policies and procedures; and
  • UCB engaged in deceptive acts or practices relating to the imposition of overdraft fees on consumers in violation of the Georgia Fair Business Practices Act.

 

Lynn Toops, a partner at C&M, said, “It is our hope that Mr. Jones, representing the class on behalf of which this lawsuit was filed, can put a stop to UCB’s unfair and improper fee practices. UCB’s customers put their trust in the bank to comply with its own promises. Those customers who have been victimized by UCB’s improper practices, in direct violation of the bank’s promises, have suffered considerable financial losses. It is our goal to not only be granted restoration of these improper fees, but to hold UCB accountable for their wrongful actions.”

 

The plaintiff and fellow class members demand a jury trial and judgments that include:

  • Declaring UCB’s overdraft fee policies and practices to be wrongful;
  • Ordering UCB to cease its conduct regarding overdraft fees;
  • Restitution of all overdraft fees paid to UCB by the plaintiff and classes as a result of the alleged wrongful practices; and
  • Actual and punitive damages.

 




New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: BABY BEARS BATH & BEYOND BRANDSON  SMITH MANUFACTOR OF SOAPS, LOTIONS, ETC. 3216 E 46TH ST CHATTANOOGA TN 37407 BJE ENTERPRISE TRACEE  DOZIER AIR BNB 4909 SHORELINE DR CHATTANOOGA TN 37416 CHANCE FABRICATION ERIC   BAGGETT MAKING AND INSTALLING STEEL GATES ... (click for more)

Gas Prices Drop 0.6 Cents In Chattanooga

Gasoline prices in Chattanooga have risen 0.6 cents per gallon in the past week, averaging $2.47 per gallon on Monday, according to GasBuddy's daily survey of 170 stations in Chattanooga. This compares with the national average that has fallen 0.8 cents per gallon versus last week to $2.83 per gallon, according to GasBuddy. Average gasoline prices on Sept. 24 in Chattanooga ... (click for more)

Karen Saxton, 64, Killed In Crash On Highway 58 Saturday Afternoon

One person was killed in a crash on Highway 58 on Saturday afternoon. The victim was identified as Karen Saxton, 64. Chattanooga Police responded at 5:15 p.m. to the wreck in the 5900 block of Highway 58.  Upon arrival officers located a vehicle driven by 21-year-old Allen Dickerson in the northbound lane and the Saxton vehicle in the southbound lane. Police said ... (click for more)

Juvenile Shot On East 14th Street On Friday

A juvenile was shot Friday evening on East 14th Street. The Chattanooga Police Department responded at 6:45 p.m. to a person shot in the 2000 block of East 14th Street. Upon arrival, officers located a male victim suffering from a gunshot wound to the abdomen. Hamilton County EMS responded to the scene and transported the victim to a local hospital. Members of the Violent ... (click for more)

Arming Teachers With Guns Will Be Too Dangerous - And Response (4)

Arming teachers with guns in the classroom, as Bill Lee proposes, would be the single most dangerous thing to happen to students in Tennessee history. Students and teachers in close proximity to loaded firearms daily? Across this state, in middle schools alone, there are probably hundreds of student/teacher conflicts a day. What if a student got hold of gun in a struggle with ... (click for more)

Roy Exum: It’s So Sad For Me

I cannot remember a time in my life when I have been as saddened by such a travesty that has now erupted in the confirmation process that would place Brett Kavanaugh on our Supreme Court. I am sad for every single person who has been touched by this catastrophe, from 85-year-old Dianne Feinstein to Brett’s wife and two young daughters, ages 13 and 10. Not a person, in any way involved, ... (click for more)