EDWARDSVILLE — A class action was filed against the Illinois-based United Community Bank for allegedly collecting fraudulent overdraft fees from customers' accounts.
Yvonne Hairston, individually and on behalf of all others similarly situated, filed a complaint Dec. 11 in the Madison County Circuit Court against United Community Bank, alleging breach of contract, unjust enrichment and violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act.
According to her complaint, Hairston alleges United Community Bank applied "improper assessment and collection" of multiple non-sufficient funds and overdraft fees on her account. Specifically, Hairston alleges United Community Bank "regularly" charged a $29.95 overdraft fee to her checking account in June for a $133.14 check that was returned due to insufficient funds. She claims the fees were continually "reprocessed" with no request or authorization from her to do so. She alleges this is an "abusive practice" that is "not universal in the financial services industry."
Hairston alleges United Community's contracts "never discuss a circumstance" where they can assess "multiple fees for a single check" and that the account contract states a fee will be assessed "per item." She also alleges United Community abused its "contractual discretion" by accessing the fees multiple times, which "no reasonable customer would anticipate."
Hairston seeks monetary relief, trial by jury and all other just relief. She is represented by David Cates of Cates Mahoney LLC in Swansea, Lynn Toops of Cohen & Malad LLP in Indianapolis and Gerald Stranch, IV and Martin Schubert of Bransetter, Stranch & Jennings PLLC in Nashville.
Madison County Circuit Court case number 20-L-001749