HSBC Overdraft Lawsuit Nets $30 Million Settlement

New York, NYAn excessive overdraft fees lawsuit filed against HSBC Bank USA has reportedly resulted in a preliminary settlement worth about $30 million. The $30 million settlement has been given preliminary approval by the judge, although the settlement is not without controversy. Other lawsuits have been filed against HSBC alleging the bank reordered transactions to increase profits from overdraft transactions.

According to reports, New York Supreme Court Justice Eileen Bransten agreed to the $30 million settlement, which affects HSBC customers who received one or more overdraft fees after transactions in their account were reordered. Lawsuits filed against various financial institutions allege the defendants reordered transactions from highest dollar amount to lowest in an attempt to push customers into overdraft more quickly, thereby increasing the number of transactions that result in an overdraft fee.

In addition to the state lawsuit, HSBC also faces federal lawsuits filed by plaintiffs who allege they were harmed by excessive overdraft fees. Plaintiffs in the federal lawsuits have reportedly argued against the $30 million state settlement, claiming the plaintiffs in the state settlement manipulated the litigation process. They argue that the settlement does not consider any interest plaintiffs would be entitled to if they won their lawsuit.

In approving the settlement, however, Justice Bransten said that even with interest the $30 million proposed settlement would cover enough of the damages to make the settlement reasonable.

Initially, Justice Bransten said she would not rule on the settlement while the federal lawsuit was ongoing, but a ruling from US District Judge Arthur D. Spatt indicated the state settlement could move forward.

Various other banks have faced lawsuits alleging they reordered transactions to push customers into overdraft more quickly. Some banks reportedly charge up to $35 per overdraft transaction, which can be financially devastating for a customer who may already be in financial difficulty. Furthermore, not all customers realized their transactions were being reordered from chronological to highest to lowest, making it difficult for them to take action against their financial institution. If the bank doesn’t tell customers the transactions will be reordered, customers may be able to file a lawsuit against the bank. Some lawsuits have already been settled while others are still pending.

The HSBC lawsuit is In re: HSBC Bank USA NA Checking Account Overdraft Litigation, case number 650562/2011, in Supreme Court of the State of New York.