$4 million bank overdraft fee settlement preliminarily approved

October 20, 2014 – In an order entered today, a federal district court in Miami granted preliminary approval to a $4 million dollar class-action settlement with M&T Bank. As part of the order, firm partner Nicholas Carlin was appointed class counsel, and the firm's client was appointed class representative. The order noted that class counsel had “vigorously and competently represented the Settlement Class Members’ interests in the Action.”  The case, originally filed in 2009, involved the bank's practice of posting debit card charges in high to low order, rather than chronologically, in order to maximize overdraft fees charged to customers, a practice one court has described as an "accounting scam." The firm has settled similar cases against Bank of the West and Bank of America. Notice to class members will be sent out in December, with the final approval hearing set for March 4, 2015.