The 2023 Florida Statutes (including Special Session C)
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. . . App. 2015), a Florida court held that the language of § 655.85-which establishes "codes for state financial . . .
. . . challenged a $6 fee a bank imposed for the immediate processing of a cheek in violation of Florida Statute § 655.85 . . .
. . . We held that section 655.85, Florida Statutes (2009), prohibits a bank from charging such a fee. . . . It also concluded that section 655.85 affords no private cause of action. . . . For these reasons, the trial court dismissed Appellant’s section 655.85 claim, as well as other statutory . . . Section 655.85 does not pertain to the acquisition or retention of an investment. . . . The state státute at issue here, section 655.85, does not fall into any of these categories. . . .
. . . alleging violations of the Florida Consumer Collection Practices Act (FCCPA) and Florida Statutes §§ 655.85 . . .
. . . . § 655.85. In Baptista v. . . . . § 21 et seq., preempted Florida Statute § 655.85 with respect to national banks. Id. at 1198. . . . Here, we consider whether federal law preempts § 655.85 with respect to out-of-state state banks. . . . Therefore, even if § 655.85 would otherwise apply to Regions, federal law preempts its application. . . . 12 U.S.C. § 1831a(j)(l), so too does it preempt § 655.85 with respect to Regions. . . .
. . . Defendant in a complaint filed on August 7, 2012, in state court: (1) violation of Florida Statute § 655.85 . . . Stat. § 655.85 (2012). . . . As previously discussed, Florida Statute § 655.85 is inapplicable to national banks under the NBA and . . . Therefore, Plaintiffs fail to state a claim under Florida Statute § 655.85. B. . . . PNC Bank with respect to its holding that Florida Statute § 655.85 is not preempted by federal law. . . .
. . . allows banks to charge fees for services); Baptista (affirming district court's ruling that section 655.85 . . .
. . . s policy of charging a $5 service fee to cash a check drawn on one of its accounts violates section 655.85 . . . The trial court ruled that section 655.85 did not apply to the transaction here. . . . Appellant filed a class action lawsuit against Appel-lee, alleging that it had violated section 655.85 . . . Upon Appellee’s motion, the trial court granted summary judgment, concluding that: (i) section 655.85 . . . Appellee’s alternative argument is that section 655.85 only applies in bank-to-bank transactions. . . . I agree with our conclusion concerning the meaning and applicability of section 655.85, Florida Statutes . . . Furthermore, even if section 655.85 does not establish an express prohibition to the fee charged here . . . Given our conclusion that settlement for less than par is proscribed by section 655.85, whether a bank . . .
. . . complaint against Chase, purporting to state two causes of action for recovery: 1) violation of Section 655.85 . . . Specifically, Section 655.85 states as follows: Settlement of Checks. . . . Stat. § 655.85 (emphasis added). . . . As such, in determining if Section 655.85, Florida Statutes, was preempted by the NBA, the Eleventh Circuit . . .
. . . . § 655.85. Second, she brought a claim for unjust enrichment. . . . Stat. § 655.85 did not apply to Baptista because that statute only regulates fees charged between banks . . . Stat. § 655.85. . . . Stat. § 655.85 is preempted by the OCC’s regulations promulgated pursuant to the NBA. . . . Stat. § 655.85, it too is preempted. . . .
. . . cashing payroll checks (written by Britt’s employer, an account holder at the Bank), violates section 655.85 . . . Thus, even assuming arguendo that section 655.85 of the Florida Statutes prohibits the Bank from charging . . . June 4, 2010)(holding that section 655.85 of the Florida Statutes is preempted by federal law). . . . Section 655.85 of the Florida Statutes (2008) provides: 655.85 Settlement of checks. . . .
. . . . § 655.85, Fla. Stat. (emphasis added); Id. . . . .