Hernandez v. Wells Fargo Bank New Mexico, N.A.

OPINION

WECHSLER, J.

{1} Daniel Hernandez (Plaintiff) appeals from the trial court’s order granting summary judgment in favor of Wells Fargo Bank New Mexico (Bank). Plaintiff argues that Bank’s charging of overdraft fees violates the New Mexico Unfair Practices Act (UPA), NMSA 1978, § 57-12-2(E)(2) (2003). We hold that summary judgment was proper because Plaintiff failed to meet his burden to rebut Bank’s prima facie evidence that the overdraft fee was not grossly disproportionate to the value received by Plaintiff and affirm.

FACTS AND PROCEDURAL BACKGROUND

{2} Plaintiff maintains a checking…