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Breach-of-contract – Nonsufficient Fund Fee

7th Circuit Court of Appeals

Case Name: Alicia Page v. Alliant Credit Union

Case No.: 21-1983

Officials: Easterbrook, Rovner, and St. Eve, Circuit Judges.

Focus: Breach-of-contract – Nonsufficient Fund Fee

Page sued Alliant Credit Union on behalf of herself and other similarly situated customers, alleging that Alliant charged fees in violation of its contract. The district court dismissed Page’s claim because, on its reading of the contact, Alliant’s fee practices did not breach the contract. Although this court’s reasoning differs slightly from the district court’s, this court reached the same conclusion and affirm, as Alliant made no promises to use the available-balance method to assess Nonsufficient Fund Fee (NSF) fees or not to charge multiple fees when a transaction is presented to it multiple times. The district court properly dismissed Page’s breach-of-contract claim.


Decided 10/25/22

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