ROCHESTER, N.Y.–Another federal class-action lawsuit has been filed against a credit union over its insufficient funds policy.
The lawsuit was filed against ESL Credit Union in the U.S. District Court in Rochester by Tycko & Zavareei LLP, Kopelowitz Ostrow, and Kaliel PLLC on behalf of a named plaintiff in Monroe County, N.Y.
The complaint alleges ESL Credit Union assessed multiple insufficient funds fees on the same transaction, contrary to its deposit agreement. "There is zero indication anywhere in the account documents that the same check or electronic item is eligible to incur multiple [insufficient funds] fees," the complaint states.
"Overdraft and insufficient funds fees harm many members of our community,” attorney Jeffrey Kaliel said in a statement. “They often hurt those already struggling to make ends meet. The complaint filed today alleges that ESL sometimes charges returned item fees in violation of its contract and New York law."
Kaliel PLLC and Tycko & Zavareei LLP, both of Washington, D.C., and Kopelowitz Ostrow of Fort Lauderdale, Fla., are representing the plaintiff. They are further calling on consumers who allege to have been affected by fees at New York banks and credit unions to contact them to become plaintiffs.
As CUToday.info has reported, multiple credit unions nationally have been targeted in similar suits, including Ent Credit Union and Canvas Credit Union in Colorado in a lawsuit led by Frank Azar. Azar is a personal injury attorney who uses the tagline “The Strong Arm” in his advertising; a commercial for his firm can be found here.