Legal Opinion
Fawcett v. Citizens Bank, N.A.
Court of Appeals for the First Circuit
Decided March 26, 2019No. 18-1443PPublishedCited by 11 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This putative class action alleges that Citizens Bank's "Sustained Overdraft Fees" for overdrawn checking accounts are usurious interest charges in violation of Section 85 of the National Bank Act, 12 U.S.C. § 1 et seq. The district court concluded that Citizens Bank's fees were not "interest" under the Act and so dismissed the action for failure to state a claim. Order, Fawcett v. Citizens Bank, N.A., No. 4:17-cv-11043-TSH (D. Mass. Apr. 19, 2018), ECF No. 36.
On the facts of this case, we hold that Citizens Bank's "Sustained Overdraft Fees" are not "interest" under the…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Auer v. RobbinsSupreme Court of the United States · 1997
- Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
- Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
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3Cited by11 opinions
- Johnson v. BOKF National AssnCourt of Appeals for the Fifth Circuit · 2021
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- BECKER v. EARLY WARNING SERVICES, LLCDistrict Court, E.D. Pennsylvania · 2020
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