Hawaii Federal Court Certifies McCune Wright Arevalo’s Class Action Complaint Against Bank of Hawaii
McCune Wright Arevalo, LLP is proud to share that the Hawaii Federal Court has certified our firm’s class action complaint against the Bank of Hawaii on behalf of customers who were victims of the bank’s allegedly fraudulent overdraft practices. On June 28, 2019, Judge J. Michael Seabright ruled for our firm and certified a massive class of Bank of Hawaii customers for trial. Plaintiff Rodney Smith alleges the Bank of Hawaii has been unlawfully charging overdraft fees even when the account has enough money to cover the payment. He also argues the bank failed to properly disclose its overdraft policy opt-in feature, which does not adequately describe how overdraft fees are assessed.
Though the Bank of Hawaii argues that it only charges an overdraft fee when necessary, the plaintiff claims the bank violates a number of agreements by misrepresenting their terms and taking advantage of unsuspecting customers. The suit seeks to certify 2 classes of persons affected between September 2015 and 2017: The Sufficient Funds Class and The Regulation E Class. The Sufficient Funds Class represents all those who incurred overdraft fees when their checking account was sufficient enough to cover the transactions and the Regulation E Class is all those who incurred overdraft fees despite enrollment in the Opt-in Agreement, which claimed to provide overdraft protection for ATM and non-recurring debit card transactions. However, this particular program is being challenged for its utterly ambiguous method of assessing overdrafts and balances. The suit alleges that Bank of Hawaii infringed both of these agreements and is seeking damages as a result. The trial is expected to commence in October later this year.
Seeking Justice You Deserve? Contact Our Strongminded & Relentless Legal Advocates Today
Our team at McCune Wright Arevalo, LLP is incredibly honored to represent those who have been wrongfully disenfranchised by Bank of Hawaii and any other massive entities which attempt to threaten your rights as a consumer. We are led by top class action lawsuit attorneys who are unshakingly focused on protecting your best interests and rights when they have been wrongfully disregarded and ignored. If you have similarly been wronged by the Bank of Hawaii, rest assured our team has the resources and experience to hold the at-fault party responsible for their wrongdoing and negligence.
Would you like to schedule an initial case evaluation with a member of our firm? Call 909.345.8110 today.