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Chirou Sola and Nadine Viseth v. Washington Mutual Bank

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Sola and Viseth initiated a class action case under the Truth in Lending Act and maintained that the fees charged for the processing of withdrawals against nonsufficient funds were finance charges. The United States Court of Appeals for the Ninth Circuit said these fees do not meet the definition of "finance charges" under TiLA. This affirmed a lower court ruling that neither TiLA nor the Home Owners Loan Act are applicable. Overdrafts are not extensions of credit for these purposes. You can also read the California Bankers Association and American Bankers Association Amicus Curiae brief.


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