HUNTINGTON — In a class-action lawsuit, a woman says Air Academy Federal Credit Union improperly assessed overdraft fees.
Lisa Solomon alleges the defendant has made substantial revenue in the amount of tens of millions of dollars with its improperly assessed fees, according to a complaint filed in Cabell Circuit Court.
Solomon claims the defendant still assesses crippling $32 overdraft fees on many of its transactions and misrepresents its practices.
The plaintiff claims despite putting aside sufficient available funds for debit card transactions at the time those transactions are authorized, the defendant later assesses overdraft fees on those same transactions when they settle days later into a negative balance.
"Defendant maintains a running account balance, tracking funds consumers have for immediate use," the complaint states. "This running account balance is adjusted, in real-time, to account for debit card transactions at the precise instance they are made."
The plaintiff claims despite reserving sufficient available funds to cover the transactions and keeping the held fund off-limits for other transactions, the defendant improperly charges overdraft fees on certain transactions.
"Besides being deceptive...these practices breach contract promises made in Defendant's adhesion contracts, which fundamentally misconstrue and mislead consumers about the true nature of Defendant's processes and practices," the complaint states. "Defendant also exploits its contractual discretion by implementing these practices to gouge its customers."
Solomon is seeking class certification and actual damages with pre- and post-judgment interest. She is represented by Rodney A. Smith and M. Alex Urban of Rod Smith Law PLLC in Charleston; Sophia G. Gold of KalielGold in Berkeley, Calif.; Jeffrey D. Kaliel of KalielGold in Washington, D.C.; Christopher D. Jennings and Tyler B. Ewigleben of Johnson Firm in Little Rock, Ark.
The case is assigned to Circuit Judge Christopher Chiles.
Cabell Circuit Court case number: 23-C-100