ST. LOUIS – A St. Louis consumer alleges a bank improperly changes more than one non-sufficient funds fee on the same transaction.
Eileen Weingart, individually and on behalf of all others similarly situated, filed a complaint on June 6 in the St. Louis 22nd Judicial Circuit Court against Commercial Bank NA alleging breach of contract and breach of the covenant of good faith and fair dealing.
According to the complaint, the plaintiff made numerous small-dollar payments through Paypal and her Commerce checking account between November 2017 and April. She alleges the defendant rejected initial payment requests and charged her a $37 non-sufficient funds fee and then processed the same transactions a few days later and charged her the $37 fee again.
The plaintiff holds Commercial Bank NA responsible the defendant allegedly processed the same item more than once and charged additional fee on the same transaction.
The plaintiff requests a trial by jury and seeks an order certifying this action as a class action, appointing plaintiff and her counsels as representatives, restitution of all fees, compensatory damages, plus interest, costs, attorney's fees and all further relief as the court deems proper and just. She is represented by Tiffany M. Yiatras of Consumer Protection Legal LLC in Ellisville and Jeffrey Kaliel and Sophia Gold of Kaliel PLLC in Washington, D.C.
St. Louis 22nd Judicial Circuit Court case number 1822-CC10222