McCuneWright files national class action against TD Bank for illegal overdraft fees and practices
- On January 9, 2015 McCuneWright, LLP, filed a national class action complaint against TD Bank, N.A., the nation’s 10th largest bank, with asset holdings of over $224 billion. Filed in the United States District Court, District of New Jersey, the action alleges illegal overdrafts are being charged when TD Bank customers have a positive balance. This filing is the latest by McCuneWright against a banking institution for illegal overdraft practices. McCuneWright has previously filed and been involved with a number of overdraft class action lawsuits against Wells Fargo Bank, Union Bank, U.S. Bank, Citibank and a number of other financial institutions. The results of those cases include a $203 million verdict against Wells Fargo, and well over $100 million in settlements against other financial institutions.
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McCuneWright receives preliminary court approval for $1.8 million class action settlement for illegal overdraft fees on behalf of Orange County Credit Union members.
- McCuneWright, LLP, filed a class action in Superior Court of Orange County on June 17, 2013, alleging that Orange County Credit Union (OCCU), breached its customer account agreement by unlawfully charging overdraft fees for debit transactions when customers had sufficient money in their accounts to cover these transactions. After litigating this case, a class-wide settlement was reached where OCCU has agreed to pay $1.8 million and change and clarify its disclosures of the overdraft practice. Affected OCCU customers will receive approximately $28.00 for each improper $29.00 overdraft fee imposed. Further information is available at www.orangecountycreditunionoverdraftsettlement.com.
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McCuneWright Obtains a $23.3 million Verdict on Behalf of a Shareholder of a Closely Held Corporation
- Following a six-week trial in a California Superior Court, McCuneWright partners David Wright and Kristy Arevalo obtained a verdict of $23.3 million on behalf of their client, a 50% owner of a closely held corporation, who had been frozen out of profit distributions by the other shareholder and board of directors. The Court awarded the $23.3 million in damages and set the case for further proceedings on the amount of punitive damages to award to McCuneWright’s client. It is believed that this verdict is that county’s highest verdict in 2014.
McCuneWright Confirms Settlement in Hyundai and Kia MPG Fraudulent Advertising Class Actions
Judge Gives Final Approval in 1.6 Billion Toyota Sudden Unintended Acceleration Class Action Settlement
Court Reinstates McCuneWright’s Verdict Against Wells Fargo Bank
- On May 14, 2013, Judge William H. Alsup reinstated the $203 million verdict against Wells Fargo Bank on behalf of the over 1 million customers who had been improperly charged overdraft fees as a result of Wells Fargo’s misrepresentations of its posting practice. This action was in response to the 9th Circuit Court of Appeal decision that had directed Judge Alsup to determine the amount of damages from the misrepresentation practice, after finding that the claims that the posting practice itself was illegal were preempted by Federal law.
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- NBC News Report
McCuneWright Confirms Settlement in Toyota Sudden Unintended Acceleration National Class Action Lawsuit
- Three years after filing the nation’s first class action suit against Toyota for sudden unintended acceleration, Richard McCune confirms that Plaintiffs and Toyota have reached a settlement agreement
- Press Release
- Settlement Agreement
McCuneWright Files MPG Fraudulent Advertising Class Action Suit Against Ford Motor Company
- Update: The court has set April 22, 2015 to begin hearing oral arguments from both sides determine the outcome of Ford’s earlier motion to dismiss the case.
- McCuneWright, LLP, has filed a national class action lawsuit against Ford Motor Company for fraudulent MPG advertising. The complaint specifically identifies the 2013 Ford C-MAX Hybrid and the 2013 Fusion Hybrid models, alleging, but not exclusively, violation of false advertising laws, fraud, and negligent misrepresentation.
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- Tests show Ford Fusion, C-MAX hybrids don’t live up to 47 MPG claims
ConsumerReports.org, Published: December 6, 2012
California Hyundai MPG Fraud Class Action Awarded Tentative Certification
Hyundai and Kia Admit to Inflated MPG Claims
- Automakers Hyundai and Kia have been overstating MPG claims (which have been used in their advertising) for the past several years, the Environmental Protection Agency (EPA) announced on November 2, 2012. For the past eleven months, McCuneWright, LLP has been litigating this issue in a Federal national class action filed in the Central District of California.
- Press Release
- View Complaint
- Read Article
- Tell Us Your Story
The Court Rules Hyundai MPG Class Action Case Can Go Forward
- Hyundai filed a motion challenging whether their respective consumer class action alleging deceptive advertising of the miles per gallon information in vehicles could go forward. On April 23, 2012, the Judge denied Hyundai's motion to dismiss the case, and ruled the case can go forward.
- Court Rules the Hyundai MPG Class Action Can Move Forward
Richard McCune Selected as a Finalist for 2010-2011 Consumer Attorney of the Year Award
- On August 30, 2011, Richard McCune was named as a finalist for the esteemed 2010-2011 Consumer Attorney of the Year award, as a result of the ground-breaking $200 million verdict in Gutierrez v. Wells Fargo Bank, N.A., in which United States District Judge William Alsup found that Wells Fargo had engaged in an unfair and illegal scheme of assessing overdraft fees on debit cards to California Wells Fargo customers. Wells Fargo was also ordered to stop the practice. The Consumer Attorney of the Year is named annually by the Consumer Attorneys of California. The winner will be announced on November 12, 2011.
Richard McCune to Speak at Vehicle Product Liability Litigation Conference
- McCuneWright, LLP partner, Richard McCune will be speaking at the national legal conference on motor vehicle litigation in Phoenix, Arizona March 30-April 1, 2011. Mr. McCune will be addressing recent developments in product liability consumer class actions and mass torts. The conference is presented by the American Bar Association, Tort Trial & Insurance Practice Section's Products, General Liability and Consumer Law Committee and the Automobile Law Committee.
McCuneWright Client Sues Toyota
McCuneWright Secures $203 Million Verdict Against Wells Fargo Bank for Illegal Overdraft Practices
- Judge orders Wells Fargo to reverse $203 million in overdraft fees
By Joe Nelson, Staff Writer, The Sun, Published: August 11, 2010
- Court Order
- Consumer 10.0: How Wells Fargo held up debit–card customers
By Jeff Gelles, The Philadelphia Inquirer, Published: August 15, 2010
- Wells Fargo Loses Ruling on Overdraft Fees
By Andrew Martin and Ron Lieber, The New York Times, Published: August 10, 2010
- Wells Fargo to Pay $200 Million in Overdraft-Fee Case
By Marshall Eckblad, The Wall Street Journal, Published: August 10, 2010
Richard McCune Named to Plaintiffs' Executive Committee in Toyota Unintended Acceleration National Class Action
Richard McCune Named by the Leadership in the Wells Fargo and Citibank MDL Overdraft National Class Action Cases
Richard McCune Interviewed on the NBC Today Show Regarding Toyota Unintended Acceleration Issues and Recall
Richard McCune's Interview on ABC Channel 7 San Francisco Discussing the Importance of McCuneWright's Preliminary Injunction Requesting That Toyota's Recall Be Expanded to Include More Models and Model Years
David Wright and McCuneWright Client Nicole Posen are Interviewed by CNN Regarding Ms. Posen's Accident in Her Toyota and McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration
McCuneWright Files Preliminary Injunction Seeking to Have Toyota Acceleration Lawsuit to Include More Models and Years
Richard McCune Interviewed by CNN Regarding McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration