Veronica GUTIERREZ; Erin Walker; William Smith, individually and on behalf of all others similarly situated, Plaintiffs-Appellees,
v.
WELLS FARGO BANK, NA, Defendant-Appellant.
Veronica Gutierrez; Erin Walker; William Smith, individually and on behalf of all others similarly situated, Plaintiffs-Appellees,
v.
Wells Fargo Bank, NA, Defendant-Appellant.
Veronica Gutierrez; Erin Walker, Plaintiffs-Appellants, and
William Smith, individually and on behalf of all others similarly situated, Plaintiff,
v.
Wells Fargo Bank, NA, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Nina F. Simon , Washington, D.C., for Amici Curiae Center for Responsible Lending, Consumer Federation of America, California Reinvestment Coalition, and Law Foundation of Silicon Valley.
Before: SIDNEY R. THOMAS, M. MARGARET McKEOWN, and WILLIAM A. FLETCHER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
McKEOWN, Circuit Judge:
Bank fees, like taxes, are ubiquitous. And, like taxes, bank fees are unlikely to go away any time soon. The question we consider here is the extent to which overdraft fees imposed by a national bank are subject to state regulation.
At issue is a bookkeeping device, known as "high-to-low" posting, which has the potential to multiply overdraft fees, turning a single overdraft...
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