Tolbert v. First National Bank

Plaintiffs in this class action are persons with non-business checking accounts at the defendant bank who seek to recover part of the amounts that they paid as insufficient fund (NSF) check charges between April, 1974, and April, 1980. Plaintiffs alleged in separate claims that the charges were unconscionable, that they were an unlawful penalty and that they constituted a breach of defendant’s obligation to perform its contracts with depositors in good faith. The trial court granted defendant’s motions for summary judgment on the unconscionability and good faith claims, and a jury found for…