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ARTICLE · 25 OCTOBER 2021

Fifth Circuit Affirms Dismissal In Overdraft Charges Dispute

Riker, Danzig, Scherer, Hyland & Perretti
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The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court's dismissal in a suit in which a customer of a bank challenged the bank's overdraft charge practices.

United StatesLitigation, Mediation & Arbitration
Michael O'Donnell
Michael O'Donnell
Michael Crowley
Michael Crowley
Desiree McDonald
Desiree McDonald
Kevin Hakansson
Kevin Hakansson

The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court's dismissal in a suit in which a customer of a bank challenged the bank's overdraft charge practices. See Johnson v. BOKF Nat'l Ass'n, 15 F.4th 356 (5th Cir. 2021). Plaintiff Sharonda Johnson, who holds a checking account with BOKF, National Association (the "Bank"), filed a putative class action challenging "Extended Overdraft Charges" assessed by the Bank, which were charged to her after she overdrew on her checking account in 2016. Extended Overdraft Charges are what the Bank terms the fees it charges to customers who overdraw on their checking accounts and fail to timely pay the Bank for covering the overdraft. Johnson alleges that when the Bank paid her overdraft, it extended her credit, and that the Extended Overdraft Charges the Bank assessed her when she did not reimburse the Bank timely for covering her overdraft constitute interest upon this extension of credit within

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