Discover Bank Electronic Funds Transfer Class Action

Jared Byerly

A class action settlement against Discover Bank was filed on August 3rd of 2016. All persons in the United States who banked with Discover Bank whose accounts were debited on a reoccurring basis without written of electronic preauthorization within one year of the filing of this claim could be rewarded a reimbursement.

In multiple instances, Discover Bank (Defendant) debited bank accounts of the Class members (Discover Bank Customers) on a recurring basis without obtaining a written authorization signed or similarly authenticated by the respective Class members for preauthorized electronic fund transfers from the accounts of the respective Class members, thereby violating § 907(a) of the EFTA, 15 U.S.C. § 1693e(a), and Section 205.10(b) of Regulation E, 12 C.F.R. § 205.l0(b). Pursuant to Fed. R. Civ. P. 23, a class action is appropriate and preferable because, on information and belief, the putative class consists of hundreds, if not thousands, of individuals and is so numerous that joinder of all putative class members, whether otherwise required or permitted, is impracticable. The actual number of putative class members is in the exclusive control of Defendant. The size and definition of the Class can be identified through Defendant’s records and/or Defendant’s agents’ records.

Plaintiffs prayer for relief:

 WHEREFORE, Plaintiff, MATTHEW YOCUM, individually, and on behalf of all others similarly situated, respectfully requests judgment be entered against Defendant, DISCOVER BANK, for the following:

That this action be certified as a class action on behalf of The Class and Plaintiff be appointed as the representative of The Class;

Statutory damages of $1,000.00, per Class Member, pursuant to the Electronic Fund Transfer Act, §916(a)(2)(A);

Actual damages;

Costs and reasonable attorneys’ fees pursuant to the Electronic Fund Transfer Act, §916(a)(3);

For prejudgment interest at the legal rate; and

Any other relief this Honorable Court deems appropriate.