Darla Legg and Jason T. Legg, on Behalf of Themselves and All Persons Similarly Situated v. West Bank

ZAGER, Justice.

In this interlocutory appeal, we are asked to determine whether the district court properly denied the bank’s two motions for summary judgment. The plaintiffs filed a multiple-count consumer class action lawsuit against the bank challenging the one-time nonsufficient funds (NSF) fees it charged when the plaintiffs used their = debit cards to create bverdrafts in their checking account. For the reasons set forth below, we find that the district court erred in denying the motions for summary judgment except as to the good-faith claim involving the sequencing of the overdrafts.…