Class Action Lawsuit Filed Against Trustmark National Bank in Memphis/Shelby County, Tennessee Regarding Improper Overdraft Fees

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Lawsuit brought by Watson Burns, PLLC and Webb, Klase & Lemond, LLC claims that Trustmark National Bank assessed excessive overdraft fees on consumer accounts in Tennessee, Mississippi, Florida, and Texas.

Memphis law firm Watson Burns, PLLC and Atlanta law firm Webb, Klase & Lemond, LLC have filed a class action lawsuit against Trustmark National Bank in Shelby County, Tennessee. The suit alleges that the bank engages in improper practices in its assessment of overdraft fees on consumer checking accounts. The suit claims that Trustmark, which is headquartered in Jackson, Mississippi, has engaged in these unfair practices in order to increase the number overdraft fees imposed on consumers. The case, styled White v. Trustmark National Bank, was filed in the Thirtieth Judicial District at Memphis, Shelby County, Tennessee on April 30, 2012 and has been assigned Case No. CT-001921-12.

Even though the case is filed in Tennessee it proposes a class action on behalf of Trustmark customers in Tennessee, Mississippi, Florida, and Texas. Trustmark has 186 branch offices in those four states with total assets of $9.7 billion. Trustmark has over a dozen locations in metropolitan Memphis where the case has been filed.

According to the suit, Trustmark routinely enforces a policy whereby debit transactions are posted to consumer accounts in order of largest to smallest by dollar amount, even when larger charges occur days after smaller charges. This maximizes the number and amount of overdraft fees. According to the complaint, Trustmark also deducts certain transactions before debit card items, even though there is no proper reason for doing so. The complaint also addresses other practices of the bank that generate excessive overdraft fees.

The complaint alleges that Trustmark could easily program its software systems to minimize insufficient funds fees without any increased cost or risk to the bank. Instead, according to the complaint, Trustmark has programmed its systems to manipulate transactions to maximize overdraft fee income. Plaintiff claims that these practices constitute breach of contract, breach of Trustmark’s obligation to act in good faith and to deal fairly with customers, conversion, and unjust enrichment. The suit also claims certain practices are unconscionable.

If you are a Trustmark customer, or were in the past, in Tennessee, Mississippi, Florida, or Texas and you wish to discuss this action or have any questions concerning this press release, please contact Webb, Klase & Lemond by e-mail at contact(at)WebbLLC(dot)com or by calling (770) 444-9325. Webb, Klase & Lemond, LLC is a law firm that practices complex litigation with a focus on litigation arising from wrongful deprivations by corporate and government entities. Watson Burns, PLLC is a Memphis litigation firm that focuses on corporate malfeasance and personal injury law.

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Franklin Lemond
Webb, Klase & Lemond LLC
(770) 444-9325
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