Veronica Gardner, et al. v. Flagstar Bank, FSB

Detroit, Michigan consumer law lawyers represented the Plaintiffs who sued on beach of contract and fraud theories.



Veronica Gardner had a checking account with Flagstar Bank, FSB for several years. At issue here are two types of charges Flagstar billed Gardner during that period: (1) an overdraft fee for completed transactions that exceeded her available balance upon the transaction's settlement, but not authorization; and (2) a nonsufficient funds fee assessed each time a merchant unsuccessfully tried to reprocess a transaction that had already been denied.



These charges purportedly caught Gardner off guard. When her complaints to the bank went unresolved, she sued in federal court. Relevant here is her breach of contract claim against Flagstar, on which the district court granted summary judgment to the bank. Because a rational factfinder could conclude that Flagstar breached its contractual terms and conditions.

Reversed