tailieunhanh - FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

When you join a village bank you have to put in many hours of hard work. You also have to contribute to the cost of the books that teach you how to read and how to operate your village bank. Village bank members expect one another to be trustworthy, cooperative and open to new ideas. Village bank women do not blindly follow the old ways passed down by their mothers and grandmothers. They look honestly at the traditions and practices around them, and they are ready to change those traditions that are holding them back and adopt modern. | FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Veronica Gutierrez Erin Walker William Smith individually and on behalf of all others similarly situated Plaintiffs-Appellees No. 10-16959 . No. 3 07-cv-05923-wha v. Wells Fargo Bank NA Defendant-Appellant. Veronica Gutierrez Erin Walker William Smith individually and on behalf of all others similarly situated Plaintiffs-Appellees No. 10-17468 . No. 3 07-cv-05923-wha v. Wells Fargo Bank na Defendant-Appellant. 2 Gutierrez V. Wells Fargo Veronica Gutierrez Erin Walker Plaintiffs-Appellants and William Smith individually and on behalf of all others similarly situated Plaintiff v. Wells Fargo Bank na Defendant-Appellee. No. 10-17689 . No. 3 07-cv-05923- WHA OPINION Appeal from the United States District Court for the Northern District of California William Alsup District Judge Presiding Argued and Submitted May 15 2012 San Francisco California Filed December 26 2012 Before Sidney R. Thomas M. Margaret McKeown and William A. Fletcher Circuit Judges. opinion by Judge McKeown Gutierrez V. Wells Fargo 3 SUMMARY Banking Law The panel affirmed in part and reversed in part the district court s issuance of a permanent injunction requiring Wells Fargo Bank to cease its practice of charging overdraft fees based on its posting in high-to-low order for all debit-card transactions and 203 million restitution order to a certified class of bank customers. The district court held that the bank s actions were both unfair and fraudulent under California s Unfair Competition Law. As a threshold matter the panel held that given the circumstances of this case the district court s judgment should not be vacated on the basis of the Supreme Court s intervening decision in AT T Mobility LLC v. Concepcion 131 S. Ct. 1740 2011 and denied the bank s post-judgment post-appeal request that this dispute be arbitrated under a permissive arbitration clause contained in a contract between the parties. The panel also held .