Despite having been a target for over a decade, bank overdraft practices still remain a focus of regulators and plaintiffs’ class action attorneys. We discuss federal and state legislative, regulatory, and enforcement developments; theories currently used by plaintiffs’ attorneys to challenge overdraft practices, including retry payment claims; litigation involving alleged Regulation E violations; and the use of arbitration provisions to help avoid class action exposure.

Alan Kaplinsky, Ballard Spahr Senior Counsel, hosts the conversation, joined by Marty Bryce and Mark Levin, partners in the firm’s Consumer Financial Services Group, and Amy Schwartz, Of Counsel and Co-Leader of the firm’s Retail Customer Litigation Team.