In a case decided September 8, 2021 by the Circuit Court of Miller County, Arkansas, a team of Kutak Rock litigators including Jess Askew III, Fred Davis, McKenzie Raub, and Andrew King secured a decision leading to the dismissal of a class action against a regional bank client. The court’s ruling rejected class-action claims alleging a breach of contract with respect to overdraft and insufficient funds fees. This is the first known dismissal of this type of class-action case in the state of Arkansas.

In this recent dismissal, the Court determined that the contract was unambiguous and clearly explained the customer’s obligations regarding overdrafts and insufficient funds: “The Plaintiffs failure to have sufficient funds in the account is the reason for the denial of payment and the fee charged each time the payment is rejected for insufficient funds. This agreement as part of the contract is clear and unambiguous.”

Over the past two years, Kutak Rock attorneys have responded to six consumer class-action lawsuits regarding bank and credit union account fees. A total of sixteen such cases have been filed in Arkansas during that time. Eight of those are still pending.

Kutak Rock’s efforts have resulted in the dismissal of all six of the cases it has defended, representing an unparalleled record of success in Arkansas.

Kutak Rock’s team of class-action litigators includes Fred Davis, Andrew King, Kyle Unser, Jess Askew III, Andrew Tarvin and McKenzie Raub.