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Jenkins v. Trustco Bank

Only Breach Claim Survives in Action Over Bank's Alleged Assessment of Multiple NSF Fees

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SUMMARY ORDER Plaintiff Thomas Jenkins brings this putative class action against defendant Trustco Bank, asserting claims for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and violations of New York General Business Law (NYGBL) §349 arising out of Trustco’s “improper assessment and collection of multiple [thirty-six dollar] fees.” (Am. Compl. 1, Dkt. No. 22.) Now pending is Trustco’s motion to dismiss the amended complaint pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 26.) For the reasons that follow, the motion is granted in part and denied in part. Jenkins is a citizen of Florida and maintains a checking account with Trustco. (Am. Compl. 4.) Trustco “is a bank registered to do business in New York and with its principal place of business in Schenectady, New York” and maintains 145 branches in New York, Florida, Massachusetts, New Jersey, and Vermont. (Id. 5.) Jenkins claims that Trustco violated New York State law and the contractual agreements governing his account by assessing multiple thirty-six dollar insufficient fund fees (hereinafter “NSF fees”) “on the same item.” (Id.

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