Page v. Alliant Credit Union

Federal 7th Circuit Court
Civil Court
Banking
Citation
Case Number: 
No. 21-1983
Decision Date: 
October 25, 2022
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-bank’s motion to dismiss plaintiff-customer’s action, alleging that defendant breached its contract with plaintiff by charging plaintiff $25 non-sufficient funds (NSF) fee under circumstances when plaintiff’s account had sufficient funds under ledger-balance method. Dist. Ct. could properly find that language in subject contract did not require defendant to use ledger-balance method when assessing whether plaintiff had sufficient funds in her account, that defendant could use available-balance method to make such assessment, and that plaintiff did not have sufficient funds when using available-balance method. Ct. of Appeals also rejected plaintiff’s claim that defendant could not charge multiple NSF fees where individual resubmitted same check multiple times, and where said check was rejected for insufficient funds on each occasion.