Braham v. Branch Banking & Trust Co.

We address for the second time a controversy between a payee on a check and the drawee bank regarding the propriety of a service charge for cashing the check when it is presented in person. In Baptista v. PNC Bank, National Ass’n, 91 So.3d 230 (Fla. 5th DCA 2012), we addressed a similar controversy involving similar facts. We held that section 655.85, Florida Statutes (2009), prohibits a bank from charging such a fee. We also held that 12 U.S.C. § 1831a(j)(l) does not preempt the state statute. Although this case involves similar facts, we are asked to confront differ*846ent legal arguments. The…