Weber's check cashing fee dismissal appealed by Lakin firm
Gail Renshaw of the Lakin Law Firm has appealed an order of former Madison County Circuit Judge Don Weber dismissing a class action over check cashing fees.
Weber on Nov. 14 granted a motion of First Banks to dismiss a complaint of Lakin client Darryl Johnson.
Renshaw filed notice Dec. 6 of an appeal to the Fifth District in Mt. Vernon.
Johnson sued in 2004, claiming First Banks wrongfully charged a $5 fee to cash a check drawn on First Banks. He proposed to lead a class action.
Weber did not like the fee at all but decided that under a July decision of the Fifth District in Kronemeyer v. US Bank, he had to dismiss the suit.
Weber wrote, "A reasonable consumer should be able to cash a check drawn on First Bank at First Bank without a fee."
He wrote, "…if the payee of a $4 check were to present it to First Bank he would, theoretically, have to pay First Bank $1 to cash the check. This absurd result would be coercive."
He wrote, "Although the Court is of the opinion that there should be a cause of action when a bank charges a fee for cashing a check drawn on the bank, that is apparently not the law."