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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

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."

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