A wave of overdraft lawsuits has struck credit unions across the country, and many more could be on the way, according to lawyers familiar with the matter.

Since September, at least one dozen credit unions in nine states have been hit with class-action suits over their overdraft practices, according to court documents. Often, the dispute is over how credit unions disclose the methods under which they apply overdraft fees.

In a case against the Lakeland, Fla.-based MidFlorida Credit Union, for example, which has $2.3 billion in assets and 220,000 members, plaintiff Tracy Fry alleged in a Nov. 24 complaint that the credit union charged overdraft fees based on members' available balances rather than their actual balances. Fry claimed the practice breached MidFlorida's opt-in agreement and was inconsistent with its disclosure materials. MidFlorida did not respond to CU Times' requests for comment.

Should CUs be concerned about the overdraft lawsuits?
Yes, the noncompliant ones should. Yes, compliant CUs will be caught in the wake. No, these suits are baseless. Other Please Specify:

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Many more credit unions are likely to get hit with similar suits soon, according to Michael Bell, an attorney at Howard & Howard in Royal Oak, Mich.

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