A class-action lawsuit was filed July 11 in circuit court in Jacksonville against VyStar Credit Union alleging that VyStar is violating its account contract with members by routinely assessing multiple non-sufficient-funds fees on the same item.
VyStar spokeswoman Judy Walz said the credit union does not comment on litigation.
According to the complaint, the Deposit Agreement in VyStar's membership booklet allows it to take certain actions when a member attempts an Automated Clearing House transaction but does not have sufficient funds to cover it.
The agreements and disclosures in the booklet filed with the lawsuit indicate that VyStar may authorize the transaction and charge a single $32 overdraft fee or it may reject the transaction and charge a $32 NSF fee.
The Deposit Agreement indicates that only a single NSF fee will be charged per “item” no matter how many times that item is reprocessed with no request from the customer to do so, the lawsuit states.
Heather Washington contends that in November 2018, she attempted an electronic payment to AT&T that VyStar rejected because she didn't have enough money in her account to cover the payment, an action by the credit union that Washington does not challenge.
However, she states that VyStar, without her request or knowledge, attempted to process the payment two more times and charged her two more NSF fees for a total of $96 in penalty.
The lawsuit was filed on behalf of Washington and “all Florida citizens” that are VyStar accountholders and who were charged more than one NSF fee on a single item.
It asks the court or a jury to award the plaintiffs damages and for the court to prohibit VyStar from continuing the policy of charging multiple NSF fees for rejecting the same item.
Washington is represented by the Normand law firm in Orlando; Cohen & Malad in Indianapolis; the Kaliel law firm in Washington, D.C.; Branstetter, Stranch & Jennings in Nashville; and the Johnson Firm in Little Rock, Arkansas.
The case is scheduled to be heard by Circuit Judge Tyrie Boyer.