Thursday, September 30, 2010

Answer to my question about

the illegality of overdraft fees.

but those were already dealt with in the court decisions Wells Fargo and MultiDistrict Lit in Fla.

because banks are enforcing illegal fee, fine and penalty clauses, and the courts have let them so far (big mistake) they got bolder and bolder and all of them do it. there is no real "shopping around". every consumer is stuck with huge, unrealistic fees, fines and penalties.

1) they were told to do so by the OCC (let the customer know and reject a transaction that will incur a fee)

2) they have the ability to do it

3) none of them have offered this feature, even tho they were told to do it 5 years ago!

it is illegal because under basic contract law, you only get actual damages. liquidated damages must be realistic and related to actual, anticipated damages. the banks are supposed to follow the 4 OCC guidelines on setting these fees.

all good reasons.

again, i can do this, neither can you, so why do banks get to do it. i could put it in my contract and on my website and still no court would allow it.

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