A Superior Court judge has allowed a putative class action to go forward that alleges a local bank unlawfully maximizes its revenues from overdraft fees by delaying the availability of deposits and piling on the charges whenever a debit transaction that has initially been returned for insufficient funds is resubmitted for payment. Judge Peter B.
Where a defendant bank has moved to dismiss a complaint filed by a plaintiff who held a checking account, that motion should be denied with respect to the plaintiff’s two breach of contract counts, as the allegations are sufficient to show a plausible entitlement to relief on the plaintiff’s “delayed deposit” theory and his “multiple