IN RE LATE FEE AND OVER-LIMIT FEE LITIGATION

No. 08-15218.

741 F.3d 1022 (2014)

In re LATE FEE AND OVER-LIMIT FEE LITIGATION, Andrew T. Piñon; Betty Simm; Cathy Simm; Sara Prentiss-Shaw; Audree Halasz; Gwen Martin; Celeste Brackley; Marilyn Foster-Nemec; Aaron Gonzalez; Elizabeth Young, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Bank of America, NA; Bank of America Corporation; Capital One Financial Corporation; Chase Bank USA, N.A.; JPMorgan Chase & Co.; Citibank, NA; Citigroup, Inc.; HSBC North America Holdings, Inc.; HSBC Finance Corp.; Wells Fargo & Company Long Term Disability Plan; JPMorgan Chase Bank NA; Chase Bank USA, N.A.; Federal Deposit Insurance Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2014.


Attorney(s) appearing for the Case

Seana Shiffrin (argued), UCLA School of Law, Los Angeles, CA; Patrick J. Coughlin , Frank J. Janecek, Jr. , Elisabeth A. Bowman , and Mary Lynne Calkins , Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA; and Tyler R. Meade and Michael L. Schrag , Meade & Schrag LLP, Berkeley, CA, for Plaintiffs-Appellants.

Rebecca J.K. Gelfond , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; and Christopher R. Lipsett and Noah Adam Levine (argued), Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Defendants-Appellees.

Before: D.W. NELSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

D.W. NELSON, Senior Circuit Judge:

Suppose you have an ordinary consumer credit card. You are committed to fiscal rectitude, so you pay your balance in full on the due date each month and never exceed your credit limit. One particularly busy month, though, you lose track of how much you have spent and you charge a purchase that pushes your balance a few dollars beyond your credit limit. You compound the problem when you make your monthly payment...

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