Additional charges in breach of contract
Advanced Disposal Services, Inc. and its related companies will spend just short of $3 million to resolve three class actions alleging that it charged customers improper fees. The complaints claimed that the companies did not have the right to charges the fees, which included such things as fuel surcharges, environmental fees, administrative charges.
When a bank’s mortgage contract says that a borrower will not incur any prepayment penalty if they pay the loan off early, what does that include? Is a transfer fee a penalty? The complaint for this class action says it is and claims that JPMorgan Chase Bank, NA violates its own mortgage contracts by charging this fee when a mortgage is refinanced.
How many people know that TurboTax must allow some users to file their taxes for free? The complaint for this class action alleges that Intuit, Inc., the company that makes TurboTax, has violated an agreement with the federal government because it diverts filers to paid options.
In deregulated electricity markets, how do consumers choose their provider? Usually by price. The complaint for this class action alleges that Spark Energy, LLC had a deceptive variable rate that did not vary with the market and charged customers administrative fees they were not expecting.
Can a 3.00% fee end up being as high as 5.20% just by the process of rounding up amounts to the nearest penny? The complaint for this class action says that it can, and alleges that Bank of America is thereby breaching its agreements by charging too much for customers’ international transactions.
Maryland law forbids lenders from charging borrowers an inspection fee in relation to a mortgage loan secured by residential real property. The complaint for this class action claims that the Federal Home Loan Mortgage Corporation, also known as Freddie Mac, did exactly that in connection with the plaintiffs’ mortgage loan.
This class action focuses on Mark Hjelle, the new CEO of CSC ServiceWorks, Inc. The complaint alleges that Hjelle is defrauding customers by subtracting an “administrative fee” of 9.75% from their gross collections. Rather than make claims under state law, the complaint has reasons for bringing a nationwide suit under the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Certain services are now offering consumers subscriptions to movie tickets, with the idea that they will be able to see more movies at reduced prices. But the complaint for this class action alleges that one of these services, Sinemia, Inc., adds hidden processing fees that make the per-ticket price significantly higher than advertised.
PNC Merchant Services Company, LP provides services such as processing debit and credit cards for stores, restaurants, and other businesses. The complaint for this class action claims that the company not only overbills its merchant-customers but also hides the overbilling so that they cannot detect it.
Nationstar Mortgage, LLC has agreed to a settlement in a class action that alleges it violated the Fair Debt Collection Practices Act and Washington State Collection Agency Act. The complaint alleged that Nationstar charged borrowers an extra convenience fee to pay their mortgages over the phone when no such charges were authorized by their loan agreements.