Indianapolis, Indiana – The Star Financial Bank class action complaint regarding the business’ overdraft fees was revived by the Indiana Supreme Court on Tuesday.
Cliff and Wendy Decker, the plaintiffs in the case, allegedly claimed that Star Financial Bank improperly charged draft fees on their account and filed a class-action lawsuit on their behalf and those similarly harmed in 2021.
The Deckers have an account through Star Financial Bank, court papers say, which is a “wholly-owned subsidiary of defendant, Star Financial Group, Inc.”
Court documents say that prior to the Deckers’ lawsuit, the bank had included an addendum to the Deckers’ account’s terms and conditions. The revision stated the “bank was subject to arbitration” and no class-action suits could be made against it.
After the Deckers sued, the bank cited the arbitration revision, which the court allowed.
The Indiana Supreme Court reinstated the case, stating in court filings that “the account agreement’s change-of-terms clause did not allow the Bank to add the addendum.”