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Financial Services| Client Successes

Appeals Court Allows Check-Cashing Fee

Situation

A well-known financial institution found itself immersed in a putative nationwide class action lawsuit in Madison County, Ill., that challenged the ability of a bank to charge a check-cashing fee to a noncustomer who attempted to cash a customer’s check. The financial institution sought our help.

Result

Upon an interlocutory appeal to the Fifth Appellate District in Illinois from a denial of our team’s motion to dismiss, the court found the bank’s actions were authorized by federal regulations that pre-empted state law claims. The plaintiffs’ claims then were dismissed with prejudice.