ANAHEIM, Calif.–A class action lawsuit has been filed against a credit union in Orange County, Calif. over a return deposit fee of $10.
The plaintiff, Brandon Gary, is alleging Credit Union of Southern California has violated the state’s Consumer Legal Remedies Act as well as its Unfair Competition laws.
Gary is arguing that he received a check from a third party that he deposited even though he had no way of knowing whether a check is “going to bounce.”
“Because the depositor could not have reasonably known the check was bad, it is unfair to charge the depositor a fee for returning the check,” the lawsuit states. “Nevertheless, this is exactly what CU SoCal did through what it refers to as ‘Return Deposit Item Fees.’ By charging Return Deposit Item Fees , CU SoCal unfairly targeted its with financial penalties for faulty checks that the members had no hand in issuing. Plaintiff was shocked when he was charged these Fees because he did nothing wrong yet was penalized by CU SoCal. There was nothing plaintiff could do to avoid—or even anticipate—a Return Deposit Item Fee assessed by CU SoCal at the time the deposit was made.”
‘Unfair, Oppressive’
The suit further alleges CU SoCal acted in a manner that is “unfair, oppressive and against public policy.”
The suit states the credit union is benefitting from “unjust enrichment” as a result of the policy.
The plaintiff is seeking actual, statutory and punitive damages.
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