Keller Rohrback currently represents Plaintiff in a proposed class action litigation filed against Defendant KeyBank, National Association regarding its manipulation of customer accounts and transactions to intentionally increase the number of overdrafts and thereby maximize KeyBank’s earnings from overdraft charges. The Complaint in Johnson v. KeyBank, National Association was filed in the United States District Court for the Western District of Washington on February 18, 2010.
The Complaint was filed on behalf of Plaintiff and two proposed classes. The first proposed class is comprised of all KeyBank customers in the United States who, anytime from six years prior to the date of the filing of the Complaint: (1) used KeyBank’s debit card banking services; and (2) were subjected to an Overdraft Charge by KeyBank because of KeyBank’s Debit Orderings practice of re-sequencing debit card transactions from highest to lowest (the “National Class”). The second proposed class is comprised of a subclass of all KeyBank customers in Washington state who, anytime from six years prior to the date of the filing of the Complaint: (1) used KeyBank’s debit card banking services; and (2) were subjected to an Overdraft Charge by KeyBank because of KeyBank’s Debit Ordering practice of re-sequencing debit card transactions from highest to lowest (the “Washington Subclass”).
Plaintiff alleges the following on behalf of the National Class:
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Breach of Contract and Breach of Covenant of Good Faith and Fair Dealing;
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Common Law Unconscionability;
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Conversion; and
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Unjust Enrichment.
Plaintiff also alleges violations of the Washington Consumer Protection Act on behalf of the Washington Subclass.
On April 19, 2010 this case was transferred to the United States District Court, Southern District of Florida, where all overdraft fee litigation is being coordinated before Judge James L. King (In Re: Checking Account Overdraft Litigation, N. 09-MD-02036).
On June 16, 2010, Judge James L. King issued an Order denying KeyBank’s Motion to Compel Arbitration. On June 22, 2010, KeyBank filed a notice of interlocutory appeal to the 11th Circuit. The Order can be found under Case Documents below.
If you would like more information regarding the KeyBank case, or if you have been negatively impacted by these unfair and deceptive overdraft fees and/or insufficient fund fees assessed by KeyBank or any other bank, please contact us.
KeyBank_OrderDenyingArbitration_061610.pdf 
