Tolbert v. First National Bank

This class action involves the obligation of good faith in the performance of contracts. The primary issue is the nature of the good faith obligation owed by defendant First National Bank of Oregon (Bank) 1 to its non-business checking account customers (depositors) in setting and revising, from time to time, the fees it charged to depositors who wrote checks when there were not sufficient funds in their accounts (NSF fees).

The trial court granted Bank’s motion for summary judgment on the issue of whether it had failed to act in good faith regarding the NSF fees. 2 The Court of Appeals…