McGee v. Bank of America, N.A.
This text of 674 F. App'x 958 (McGee v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The issue in this appeal is whether the extended charge that Bank of America assesses on its deposit accounts constitutes “interest” for purposes of the National Bank Act, 12 U.S.C. §§ 85-86. The plaintiffs concede that, under our decision in Video Trax, Inc. v. Nationsbank, N.A., 205 F.3d 1358 (11th Cir. 2000), the extended charge is not interest. The plaintiffs brought this appeal because they want to petition the en banc Court to overrule Video Tmx, a petition they are free to file within 21 days of our opinion, see 11th Cir. R. 35-2. The plaintiffs also argue that the district court should have allowed them to proceed to discovery before dismissing [959]*959their complaint, but that argument fails because their complaint fails to state a claim as a matter of law.
We AFFIRM the dismissal of the complaint. We DENY AS MOOT the appellants’ motion to dismiss the appeal.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
674 F. App'x 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-bank-of-america-na-ca11-2017.