Judge Pares Hidden Fee Suit Against First Data, Wells Fargo

August 22, 2012 – In The News
Law 360

U.S. District Judge Arthur D. Spatt recently dismissed a claim alleging that Wells Fargo Bank NA and First Data Merchant Services Corp. were violating consumer protection law by charging businesses unauthorized transaction fees. Judge Spatt dismissed the case saying the extra fees do not target consumers directly.

The lead plaintiff, Spread Enterprises Inc., argued that fees do harm consumers because merchants pass on the added costs to their customers. But Judge Spatt ruled that interpretation would expand the scope of the statute too broadly.

Wells Fargo Bank NA and First Data Merchant are represented by Oksana G. Wright, David H. Colvin and Scott L. Vernick.

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