FREE NSF/Overdraft Fee Class Action Litigation: Strategies for Litigation and Litigation Prevention Webinar

Over the last several years, regional and local banks across the country have become the targets of class action lawsuits concerning overdraft and NSF fee practices. Kentucky banks are no exception. The complaints—generally filed by the same handful of plaintiffs’ law firms—largely follow the same blueprint: claims for breach of the account agreement and claims for unjust enrichment. While there is no one size fits all strategy for preventing and defending these class action lawsuits, many of the same legal issues and strategy decisions arise in each case. For the last 10 years, Dinsmore has worked with banks across the country to defend and resolve these lawsuits and have also worked with banks to implement strategies to prevent or minimize the impact and costs of such class action lawsuits. 

In this webinar, Dinsmore attorneys Joseph Tucker, Tanner Watkins and Annie Myers will discuss the factual basis of such class action claims and will describe the bank practices that are being targeted. They will discuss the legal theories for such claims and describe litigation strategies for resolving such claims and minimizing defense costs. Finally, they will discuss possible changes to account agreements banks should consider minimizing the risk of such class action claims in the future. 
When
7/10/2025 1:00 PM - 2:00 PM
Eastern Daylight Time
Registration
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About the Speaker(s)



Annie Stewart Myers
Dinsmore & Shohl, LLP

Annie focuses her practice on commercial litigation. She has experience working on complex litigation matters in state, federal, and appellate courts, and enjoys creative problem-solving to serve clients’ needs. Annie received her J.D. from the University of Kentucky College of Law.




Joseph Tucker
Dinsmore & Shohl, LLP

Joe is an experienced commercial litigator who serves on the Firm's Board of Directors and as the Firm's Deputy General Counsel. He focuses his practice on complex business litigation, banking litigation, consumer finance litigation, and class action defense. Joe is licensed to practice law in Florida, Kentucky and Michigan, is admitted to practice in 12 federal district courts, and he regularly arbitrates claims before JAMS and AAA. Joe handles a wide variety of individual and class action matters at the trial court and appellate levels involving contract and lease disputes, coal supply agreements, force majeure provisions, non-competition employment cases, banking litigation, creditors' rights, FDCPA/FCRA/TCPA compliance and FDCPA/FCRA/TCPA defense litigation Joe has appeared before the Sixth and Eleventh circuit courts of appeal and in federal and state courts in California, Colorado, Florida, Indiana, Kentucky, Michigan, North Carolina, Tennessee, Ohio, South Carolina, and Virginia. He has also arbitrated complex commercial cases in numerous states in the southeast, and he has handled nearly 500 consumer arbitrations before the AAA/JAMS on behalf of several consumer finance and FinTech clients. He has handled multi-million dollar serial litigation and class action lawsuits involving hundreds of parties and witnesses, and also provides advice and litigation services to a variety of businesses on general commercial matters, including the UCC, lender liability claims, commercial workouts, and close corporation shareholder disputes.




Mr. Tanner Watkins
Dinsmore & Shohl, LLP

Tanner has spent much of his career representing a wide range of companies, in the banking, trust, insurance, and investment banking industries in both litigation and compliance. As a litigator he focuses in the areas of commercial litigation, business and fiduciary litigation, banking law, appellate advocacy, internal investigation and compliance, and government investigations. Tanner has represented banks throughout the nation in class actions, multi-district litigation, and investigations from state attorneys general. He also has experience handling a variety of consumer finance claims, including creditors' rights and FDCPA, FCRA, and TCPA compliance and defense. He handles trials, injunction hearings, and appeals in state and federal courts and arbitrations as well as governmental and regulatory investigations. Understanding that every client has unique circumstances, Tanner places a premium on thoroughly analyzing each matter before crafting a strategy that meets his client’s objectives, whether it’s negotiating a settlement or building a defense for trial, which enables him to quickly tailor his approach to fit each client’s needs. Tanner is dedicated to advancing the legal profession. In 2015-2016, he served as chair of the Kentucky Bar Association Young Lawyers Division. In that position, Tanner was the head of Kentucky’s 5,000 young lawyers. As head of the KBA YLD, Tanner, along with the attorney general of Kentucky, created and implemented the Legal Food Frenzy, an annual fundraiser which seeks to raise $150,000 for Kentucky’s food banks. In 2018, Tanner was elected to the Kentucky Bar Association Board of Governors, the youngest member elected to the Board of Governors in the past 20 years. In 2024, Tanner was elected as the Vice President of the Kentucky Bar Association, again the youngest vice president elected in the past 20 years. In addition to Tanner’s work with the Kentucky Bar Association, he is very active in the American Bar Association, serving as the Kentucky Bar Association’s representative to the House of Delegates. Because of Tanner’s successful professional career, as well as his professional and community involvement, he was named Kentucky's 2017 Outstanding Young Lawyer of the Year, and in 2018, was awarded the Outstanding Young Professional of the Year from the University of Kentucky College of Law. Tanner is also a leader in both the Louisville and greater Kentucky community. Currently, he serves as a member of the Speed Art Museum Board of Trustees. From 2017-2024, Tanner also served on the board of trustees for the Kentucky College of Art and Design, where, at the age of 35, Tanner successfully chaired its $12 million capital campaign. In 2020, Tanner created Enrich Louisville, a coalition of out of school time providers working together to reduce barriers and increase access to enrichment opportunities for all students. In 2023, Tanner was appointed as the litigation chair for the Kentucky Chamber of Commerce, and, in that position sits as an ex officio member of the Chamber’s Board of Directors. In 2024, Tanner was selected to Leadership Kentucky, a program, which concentrates Kentucky’s leaders to understand the Commonwealth’s challenges and assets.


Education Alliance Cancellation Policy
Substitutions are always welcome and encouraged. All cancellations and substitutions request must be submitted in writing prior to the event.

KBA Seminar Registrations can cancel 30 days prior to the event date and receive a full refund. Cancellations received between 29 days and 10 days prior to the event will be charged a $50 processing fee. There will be no refund for cancellations received less than 10 days prior to the event.

KBA Schools Applicants can withdraw from a KBA School 10 days prior to the 1st day of the school for a refund minus a $150 cancellation fee. There is no refund if an applicant withdraws after the deadline or if applicant fails to attend the school, with the exception of extenuating circumstances. Due to commitments and expenses we cannot reverse, such as: handouts, food, beverages, room rentals, speaker fees, etc.; even extenuating circumstances will require partial refunds because of these expenses.