ND Supreme Court says bank’s $12K in overdraft fees reasonable; Customer wrote 842 bad checks
By APWednesday, September 22, 2010
ND Supreme Court upholds $12K bank overdraft fee
BISMARCK, N.D. — North Dakota’s Supreme Court said a bank acted reasonably when it charged a customer almost $12,000 in overdraft fees. Lynette Cavett of Enderlin said the fees were “unconscionable.” But a judge ruled the Quality Bank of Fingal disclosed the fees and Cavett paid them for four years without complaining. The Supreme Court upheld the ruling Tuesday.
Court records said Cavett challenged the fees when the bank sued her in November 2008 to foreclose on her hog farming operation and collect a $76,000 debt.
Court records said from January 2004 until June 2008, Cavett was charged 842 overdraft fees. They varied according to the overdraft amount. The bank charged $100 a day for carrying an overdraft greater than $10,000.
