SAN FRANCISCO – A Hayward resident alleges a credit union charged her an overdraft fee despite her account having enough money for the transaction.
Sondra Ramirez filed a complaint on behalf of all others similarly situated on July 5 in the U.S. District Court for the Northern District of California against Baxter Credit Union and Does 1 through 10 citing breach of contract, unfair competition, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that she suffered damages as a result of being charged an overdraft fee by the defendant. The plaintiff holds Baxter Credit Union and Does 1 through 10 responsible because the defendants allegedly charged plaintiff and the class an overdraft fee even when there was sufficient funds in the account to pay for the proposed transaction.
The plaintiff requests a trial by jury and seeks compensatory damages, disgorgement, to restore and return all monies allegedly wrongfully obtained plus interest, all legal fees and any other relief as the court deems just. She is represented by Richard D. McCune and Jae K. Kim of McCune Wright LLP in Redlands and Taras Kick, G. James Strenio and Robert J. Dart of The Kick Law Firm APC in Santa Monica.
U.S. District Court for the Northern District of California Case number 3:16-cv-03765-DMR