Reducing Bank Fee Class Action Risk With Advanced Analytics
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September 01, 2026
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A large national bank engaged FTI Consulting to navigate its multiple class actions that alleged the overcharging of excessive fees for insufficient funds, overdraft, representment and additional charges stemming from the bank’s historical reliance on authorize positive, settle negative (“APSN”) transaction clearing practices. Our experts analyzed vast datasets, reconciled disparate systems and applied sophisticated modeling to accurately assess exposure across millions of records and prevent further excess charges.
Our Impact:
- The bank received a clear, defensible analysis of potential class action exposure, enabling strategic decision-making, including informed risk management.
- Empowered with a robust damages analyses and scenario modeling tailored to the available data, the bank was able to confidently evaluate the potential outcomes of settlement negotiations.
- Accurate lists of impacted transactions and account holders reduced potential remediation costs and operational burden associated with related regulatory matters.
- By streamlining the responses across complex litigations, the bank was able to efficiently manage millions of potentially responsive records across parallel class actions against its member banks.
Our Role:
- Our experts helped the bank consistently and efficiently respond to plaintiffs’ data production requests across the class actions facing its member banks by identifying responsive contemporaneous reports, extracting millions of records spanning numerous years from those reports and constructing a comprehensive transactional database.
- FTI Consulting worked closely with key bank stakeholders to interpret and validate the data to protect the institution from subsequent allegations stemming from overproducing transactional activity.
- The team developed and implemented a defensible methodology to quantify alleged excessive fees over a multiyear period, incorporating offsets for refunds issued to impacted accountholders to accurately assess alleged harm.
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Published
September 01, 2026
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