With branch locations across Colorado, Ent Credit Union (“ENT”) has more than $5 billion in assets and more than 300,000 members.
Franklin D. Azar & Associates (“FDAzar”) filed Stephanie Nelson and Ashley Brymer v. ENT Credit Union, Case No. 1:19-cv-00634 (Colo. Dist. 2019), after its investigation revealed ENT’s routine business practice of (a) assessing overdraft fees on transactions that did not actually overdraw the account; and (b) charging two or three non-sufficient funds fees on a single transaction.
Typically, a charge on a debit card results in an immediate reduction in the balance of a consumer’s checking account; if the consumer has enough funds in the account to cover the transaction, no overdraft charges are warranted. According to the lawsuit, ENT sequesters the funds needed to pay a debit transaction, subtracting the dollar amount from the customer’s available balance, just as other banks do. But if the account is then subject to an “intervening transaction” — for example, a check drawn on the account subsequent to the debit charge that exceeds the available balance — then ENT allegedly assesses $25 overdraft fees not only on the overdrawn check but on the debit charge as well.
The lawsuit claims that ENT uses a “secret batch posting process” to submit the same debit card transaction twice for payment. “This secret step allows it to charge overdraft fees on transactions that never should have gotten them,” the complaint states.
The complaint also cites instances of ENT assessing multiple insufficient funds fees on the same transaction, contrary to its deposit agreement. Plaintiff Nelson claims that she was charged three times, a total of $75 in fees, for a single electronic payment of her cable bill.
“There is zero indication anywhere in the account documents that the same check or electronic item is eligible to incur multiple [insufficient funds] fees,” the complaint states.
You may have a claim against ENT if you have you been charged overdraft fees or insufficient funds fees, CONTACT US IMMEDIATELY. We will fight to get you the recovery you deserve.
FDAzar is one of the largest plaintiff law firms in Colorado. Over the past 30 years, FDAzar has secured more than $1.5 billion in compensation for its clients, including more than $750 million from Walmart in a wage and hour dispute that involved hundreds of thousands of class action participants in 26 states.
FDAzar is well known in the class action community. FDAzar has been and is involved in class actions and mass tort against other large corporations like Facebook, Google, Marriot, Toyota, Hewlett Packard, Edward Jones, drug manufacturers, medical device manufacturers, and 401k providers. Our class action department is staffed with experienced and knowledgeable attorneys who are passionate about litigating large, complex cases on behalf of consumers, employees and investors who have suffered losses.