In a claim newly added to this multidistrict litigation, the court exercises its discretion to apply the law of the case doctrine and adheres to its ruling in the previously consolidated cases that a sustained overdraft fee – charged against a deposit account that stays overdrawn for 10 days – is a service charge and not interest. Therefore, the newly added plaintiff’s usury claim fails.
The court grants defendant’s motion to dismiss the usury claim.
In re TD Bank, N.A. Debit Card Overdraft Fee Litigation (Lawyers Weekly No. 002-053-18, 22 pp.) (Bruce Howe Hendricks, J.) 6:17-mn-02613; Edward Adam Webb, Mark Charles Tanenbaum, Michael Louis Goldberg, William Hopkins Jr., Christopher Kenney, H. Blair Hahn, Richard Harpootlian, and Richard McCune for plaintiffs; Donald Frederico, Joshua Dunlap, Lucus Ritchie, Tara Cloer Sullivan, Thomas William McGee III and Kate Isley for defendant. D.S.C.