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Sunflower Bank Multiple NSF, OD Fees on One Item Class Action

Overdraft and non-sufficient funds fees fall most heavily on those who can least afford them, says the complaint for this class action. The complaint alleges that Sunflower Bank, NA routinely charges customers two or more non-sufficient funds (NSF) fees or overdraft (OD) fees on a single transaction. It claims that this practice violates the terms of Sunflower’s account agreements.

The class for this action is all persons who, during the applicable statute of limitations period before November 1, 2020, were charged multiple fees on a single item or transaction in their Sunflower Bank checking account.

One of the plaintiffs in this case, Samantha Besser, tried to make a payment via an ACH transaction to Hanover Citizens in September 2016. Because her account did not have enough money in it to cover the transaction, Sunflower rejected it and charged her an NSF fee of $34.97.

Several days later, without Besser’s knowledge and without any request from her, Sunflower again tried to process the transaction. Because Besser’s account still did not have enough money in it, Sunflower charged her another $34.97 fee. On Besser’s statement, this was entered as a “RETRY PYMT.”

The other plaintiff, Alan Schoenberger, tried to make a payment to Geico in September 2020. Again, Sunflower rejected the payment transaction, charged Schoenberger an NSF fee, then later charged him a second NSF fee on the same transaction. The second attempt was also marked as a “RETRY PYMT” on his statement.

Sunflower has two documents that set forth terms for its accountholders. These are Understanding Overdraft Privilege and Deposit Account Terms and Conditions. The complaint quotes the Overdraft Agreement as saying, “If an overdraft occurs, your account will be charged an Overdraft fee of *$36.00 for every item, even if multiple items are presented on the same day. This is the same fee that we charge for insufficient items returned to the payee[.]”

The complaint contends, “The same transaction or ‘item’ on an account is not a new ‘item’ each time it is rejected for payment then reprocessed, especially when—as here—Plaintiffs took no action to resubmit the item.”

It then reinforces the statement: “Even if Sunflower reprocesses an instruction for payment, it is still the same item. The Bank’s reprocessing is simply another attempt to effectuate an accountholder’s original order or instruction.”

According to the complaint, Sunflower changed its deposit agreement in November 2020 to permit it to charge multiple fees if a single item is presented multiple times.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sunflower Bank Multiple NSF, OD Fees on One Item Complaint

June 10, 2021

Overdraft and non-sufficient funds fees fall most heavily on those who can least afford them, says the complaint for this class action. The complaint alleges that Sunflower Bank, NA routinely charges customers two or more non-sufficient funds (NSF) fees or overdraft (OD) fees on a single transaction. It claims that this practice violates the terms of Sunflower’s account agreements.

Sunflower Bank Multiple NSF, OD Fees on One Item Complaint

Case Event History

Sunflower Bank Multiple NSF, OD Fees on One Item Complaint

June 10, 2021

Overdraft and non-sufficient funds fees fall most heavily on those who can least afford them, says the complaint for this class action. The complaint alleges that Sunflower Bank, NA routinely charges customers two or more non-sufficient funds (NSF) fees or overdraft (OD) fees on a single transaction. It claims that this practice violates the terms of Sunflower’s account agreements.

Sunflower Bank Multiple NSF, OD Fees on One Item Complaint
Tags: Insufficient or Non-Sufficient Funds Fees, More Than One Fee Assessed on a Single Item/Transaction, Your Bank