Law360, New York (February 8, 2016, 6:36 PM EST) -- RBC Bank USA must face a consumer’s claim that it charged excessive overdraft fees, a Florida federal judge said Friday, finding that a consumer agreement nixed by the Eleventh Circuit was valid at the time of the alleged fee overcharge.In his order denying RBC’s motion to dismiss, U.S. District Judge James Lawrence King held the bank to an older version of its consumer agreement, because the alleged overcharges to plaintiff Stephanie Avery happened under that contract. The Eleventh Circuit had previously deemed that old agreement, which had an arbitration clause, superseded by a PNC Bank NA agreement that took effect... In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition. TRY LAW360 FREE FOR SEVEN DAYS
New York District Judge King has ruled that RBC Bank New YorkA must face a consumer's claim that it charged excessive overdraft fees, finding that a consumer agreement nixed by the Eleventh Circuit was valid at the time of the alleged fee overcharge.