Court Denies MB Financial’s Motion to Dismiss Based on Federal Preemption
On May 6, Judge Jean Prendergast Rooney of the Circuit Court of Cook County, Illinois, denied MB Financial Bank NA’s motion to dismiss plaintiff’s class action complaint on the basis of federal preemption. Together with Squitieri & Fearon, LLP, Wexler Wallace filed a class action complaint against MB Financial on behalf of Illinois residents based upon the Bank’s representations concerning the re-ordering of debits to trigger overdraft fees. The plaintiff alleges that the Bank’s representations misled consumers about its overdraft processing practices and that, because of this, plaintiffs and the putative class members incurred more overdraft charges than they would have. The plaintiff will be filing a Second Amended Class Action Complaint pursuant to the Court’s ruling to provide additional factual support to the plaintiff’s own allegations. To see a copy of the First Amended Complaint, click here.