SAN FRANCISCO – A member of Baxter Credit Union here is alleging it charged her an overdraft fee despite her account having enough money for the transaction, and has filed a class action complaint in court.
According to the Northern California Record, Sondra Ramirez filed the complaint on behalf of all others similarly situated on July 5 in the U.S. District Court for the Northern District of California against Baxter Credit Union and Does 1 through 10 citing breach of contract, unfair competition, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that she suffered damages as a result of being charged an overdraft fee by the defendant. The plaintiff holds Baxter Credit Union and Does 1 through 10 responsible because the defendants allegedly charged plaintiff and the class an overdraft fee even when there were sufficient funds in the account to pay for the proposed transaction, the Northern California Record reported.
The plaintiff is requesting a trial by jury and is seeking compensatory damages, disgorgement, to restore and return all monies allegedly wrongfully obtained plus interest, all legal fees and any other relief as the court deems just. Ramirez is represented by Richard D. McCune and Jae K. Kim of McCune Wright LLP in Redlands and Taras Kick, G. James Strenio and Robert J. Dart of The Kick Law Firm APC in Santa Monica, Calif.