BG Secures Class Cert in “Pay-to-Pay” Case Against PenFed Credit Union

Bailey & Glasser, LLP has successfully secured class certification in a West Virginia lawsuit challenging Pentagon Federal Credit Union’s (“PenFed”) alleged illegal “pay-to-pay” fees charged to borrowers making loan payments online or by phone.

In the order, the U.S. District Court for the Northern District of West Virginia certified a class that includes all West Virginia residents with a loan or line of credit from PenFed who made a payment over the phone or online and were charged a $5 fee.

Partner Patricia Kipnis, leader of the firm’s Consumer Litigation Practice Group, argued the motion for class certification on behalf of Jason Boczek and the class borrowers. The BG team also includes partner James Kauffman, partner Jonathan Marshall, the firm’s Contingency Practice Area Leader and TCPA & Employment Practice Group Leader, and lawyer Denali Hedrick, along with co-counsel Jason Causey of Katz Kantor Stonestreet & Buckner PLLC.

The lawsuit, filed in 2023, alleges that PenFed violated the West Virginia Consumer Credit and Protection Act by unlawfully profiting from “pay-to-pay” fees that far exceed the actual cost of processing such payments, and constitutes an “unfair and unconscionable” practice under state law.

This is one of many “pay-to-pay” cases being successfully litigated by the team around the country. For more information on this matter, including the full court opinion, visit here.

Read the Law360 article on the PenFed case here.

The Bailey Glasser Blog is for educational purposes only and designed to provide general information, not to provide legal advice. By using this blog, you understand that there is no attorney client relationship formed. The blog is not a substitute for legal advice from an attorney in the jurisdiction where you reside and/or do business. This website may be considered attorney advertising under the rules of some states. The firm does not necessarily endorse, and is not responsible for, any third-party content from links that might be accessed through this site.