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Sexton v. PNC Bank

Neither banking code, unfair trade practices law nor consumer protection law prohibited bank's deduction of check-cashing fee from face amount of check submitted by non-account holder.

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OPINION

�1 In this appeal, we address whether charges imposed by defendant PNC Bank (PNC) for cashing checks drawn on PNC violate the bank’s duty under 13 Pa.C.S. �� 3409 and 3413, to pay drafts according to their terms at the time they are accepted. We conclude that such charges do not violate the bank’s duty under these sections. We consider also whether the bank’s practice in charging such fees, as alleged in the plaintiff’s complaint, violates provisions of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. See 73 Pa.C.S. �� 201-1–201-9.3. Again, we conclude that it does not.

�2 Patricia Sexton appeals the trial court’s order granting preliminary objections in the nature of a demurrer and dismissing her claims against PNC Bank. In her complaint, Sexton alleged that she appeared at a PNC Bank branch office and presented her payroll check for payment. After Sexton, who was not a PNC depositor, presented her check the bank cashed it but withheld a check-cashing fee of $3.00. PNC did not withhold such a fee when cashing checks for customers who were PNC depositors. Accordingly, Sexton pled her allegations in a class action complaint, defining the class of persons represented as “[a]ll payees of checks drawn on PNC Bank who did not have an account with PNC Bank and who, since October 1, 1999, presented the check to PNC Bank for payment.”

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