The Georgia Supreme Court has revived a class action lawsuit challenging SunTrust Bank’s debit card overdraft fees, siding with consumers over the bank’s claims that allowing the suit would undermine the validity of contracts in the state.
Writing for the unanimous court in a closely-watched case, former Chief Justice Robert Benham ruled that the bank’s customer arbitration agreement isn’t enough to defeat the class action, which could be worth tens of millions of dollars. The opinion—released with a batch of others late Friday as the court neared its two-term deadline for decisions—reverses the Georgia Court of Appeals and the trial judge, and returns the lawsuit to the lower court for a fresh look at class certification.
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