Seriously... we're gonna argue this?
Do you understand the difference between civil and criminal courts?
Ok, never be your own lawyer.
No, the judge didn't rule the way WF was processing payments, the largest first instead of by date was illegal. The judge ruled WF didn't do a good enough job of informing customers on how it processed the payments.
The banks were authorized to collect these fees when the customer signed up for the account and was given the contracts and terms of service. But the judge has ruled, the banks didn't do a good enough job of explaining how they process transactions... which is why he called it, "unfair and deceptive business practices."
If it was legal, then the customers would have no legal recourse.
Do you understand the difference between civil and criminal courts?
The fact that they were re-ordering the purchases in order to make the customer pay more fees was not legal in the courts eyes. That makes it illegal. And taking someone's money illegally is referred to as theft.
Ok, never be your own lawyer.
No, the judge didn't rule the way WF was processing payments, the largest first instead of by date was illegal. The judge ruled WF didn't do a good enough job of informing customers on how it processed the payments.
wikipedia said:The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
The banks were authorized to collect these fees when the customer signed up for the account and was given the contracts and terms of service. But the judge has ruled, the banks didn't do a good enough job of explaining how they process transactions... which is why he called it, "unfair and deceptive business practices."
The judge found the customers, who were part of a class action, were not properly informed of the bank's policies on processing payments and were unaware the bank would allow debit purchases to go through when their accounts were overdrawn.