On June 20, 2025, the U.S. Court of Appeals for the Sixth Circuit resurrected a lawsuit against a bank involving “Authorized Positive, Settled Negative” (“APSN”) overdraft fees and nonsufficient funds (“NSF”) fees. Gardner v. Flagstar Bank, No. 24-1436, 2025 WL 1721191 (6th Cir. June 20, 2025). The plaintiff argued that these fees violated the operative Terms & Conditions. The district court had granted summary judgment to the defendant because the plaintiff’s deposition testimony indicated that she did not read the T&Cs and thus could not advance her own interpretation of the contract.Continue Reading Sixth Circuit Revives Overdraft Fee Lawsuit Based on Ambiguous Contractual Terms
Sameer Aggarwal
Sameer Aggarwal is a Washington-based litigation associate who primarily works with the firm’s Appellate and Supreme Court Practice Group.
Sameer’s practice focuses on complex appellate and regulatory litigation, with particular emphasis on issues of constitutional and administrative law. He also has extensive experience defending clients facing class-action lawsuits in disputes involving novel and significant questions of federal and state law.
Sameer has drafted successful briefs and dispositive motions at all levels of federal and state court. He has advised and represented clients in government-facing litigation—in both offensive and defensive postures—on matters involving a diverse array of government entities, including the Federal Communications Commission, the Food and Drug Administration, the Consumer Financial Protection Bureau, and state attorneys general. Sameer’s litigation experience spans many areas of law, including telecommunications, consumer protection, Section 230, sports and gaming, antitrust, mass torts, criminal law, and federal and state jurisdiction and procedure.
In addition, Sameer maintains an active pro bono practice, with particular focus on criminal justice and civil rights.
Supreme Court to Review ERISA Prohibited Transactions
The Supreme Court recently granted certiorari in Cunningham v. Cornell University to address the pleading standard for prohibited transactions under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1106(a)(1)(C).Continue Reading Supreme Court to Review ERISA Prohibited Transactions
A Closer Look: Overdraft Fees Continue to Invite New Legal Challenges and Regulatory Scrutiny
Class-action litigation involving overdraft and nonsufficient funds charges is nothing new to many financial institutions. But in recent years, plaintiffs’ lawyers have shifted tactics and changed the types of practices they are targeting. Financial regulators have also signaled their intention to place increased focus on these charges. Financial institutions should therefore re-examine their account agreements and overdraft disclosure materials to ensure they minimize risk and exposure.Continue Reading A Closer Look: Overdraft Fees Continue to Invite New Legal Challenges and Regulatory Scrutiny