Monthly Archives:' August 2015

Trial Attorney Willie Gary and Team File $200 Million Lawsuit against Bank of America for Fraudulent Conduct and Bad Faith Dealings

Stuart, Florida – Prominent trial attorney Willie Gary along with senior associate attorney Glenn Crickenberger of the Florida-based law firm of Gary, Williams, Parenti, Watson, and Gary, P.L.L.C., filed a $200 million lawsuit on behalf of the Law Offices of Daniel C. Flint, P.C. and his firm, against Bank of America.  The lawsuit was filed in Federal Court for the Eastern District of Michigan (case number: 2:15-cv-13006-SFC-MKM).

The lawsuit details the irreparable damage and harm that Bank of America’s bad business dealings caused Flint and his law firm and other businesses similarly situated.  Flint is suing Bank of America for selecting and reordering the processing times for business debit purchases, in an effort to maximize overdraft fees.  Bank of America has faced these same allegations in the past.  Furthermore, the lawsuit contends that although Bank of America is notified instantaneously when a debit card is swiped and has the immediate option to accept or decline the transaction, the Bank of America software program intentionally maximizes the number of overdrafts in order to charge each business customer the maximum amount of fees.  The suit alleges that Bank of America accomplishes this by processing daily transactions starting with the largest debit and ending with the smallest debit, as opposed to processing transactions in chronological order.  Mr. Flint was charged overdraft fees that would not have otherwise been assessed had Bank of America processed the transactions, properly, in chronological order.  Flint is suing Bank of America for breach of the covenant of good faith and fair dealing, negligent misrepresentation, and unjust enrichment.

“Daniel Flint put his full trust and confidence in Bank of America concerning his financial and business matters, only to be misled, misguided and deceived,” commented Willie Gary.  “Bank of America had every intention of making a secret profit from business customers and plotted and schemed on ways to maximize bank fees for its own personal benefit.  It’s not right and we will not stand for it,” continued Gary.

Attorney Willie E. Gary is no stranger to seeking justice.   Mr. Gary and Mr. Crickenberger are known for taking on some of the nation’s most powerful corporate giants. In 2014, a jury awarded Gary and Crickenberger an unprecedented $23.6 billion verdict against RJ Reynolds Tobacco Company.  In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world’s largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch.