October 27, 2006

Former Clinton administration Acting Solicitor General Walter Dellinger: "This practice is one that every bank in California, and every bank in the United States, engages in every day ... and has done so for as long as anyone can remember." Judgments to date thanks to a friendly trial judge: over $1.3 billion plus attorneys' fees yet to be determined. Plaintiffs are seeking $1000 penalties per class member for the standard practice of internal account balancing through a creative interpretation of a California statute and 1974 case on a different issue, and have already filed further class actions. (Pam Smith, "Banking Industry Faces High Stakes in BofA's Appeal of Class Action", The Recorder, Oct. 27).