The Richmond Register

Local News

December 29, 2007

Woody’s suing bank for alleged unfair practices

A Richmond restaurateur is suing J.P. Morgan Chase bank for alleged unfair business practices involving insufficient funds fees.

Andrew Jones, owner/operator of Woody’s on Main Street, filed the suit Dec. 19 in Madison Circuit Court alleging a violation of duty to fair dealing and good faith, violation of fiduciary duty, violation of Kentucky’s Consumer Protection Act, violation of Kentucky law against predatory lending practices and charging insufficient funds fees which were “grossly excessive and unconscionable and tantamount to penalties or unreasonable liquidated damages proscribed under contract law,” the suit states.

Jones previously worked with Chase’s Madison County bank branches in a “bank-depositor” relationship, the lawsuit states. In April 2004, Jones “unexpectedly encountered financial difficulties which caused him to experience a cash flow problem.” As a result of the cash flow problem, Jones’ account became overdrawn, according to the lawsuit.

“At that time, the defendant (Chase) agreed to and did commence to pay (Jones’) insufficient funds checks and as a result of this special relationship, (Jones) trusted and relied on (Chase) for financial assistance,” the lawsuit states. “On or about February 2006, (Jones) discovered that (Chase), rather than paying checks that arrive on the same day in the order they were received, was posting the checks in the order of highest to lowest dollar amount, thereby maximizing the amount of insufficient funds fees charged the plaintiff.

“The plaintiff also is informed and believes that at the same time that (Chase) was assessing unwarranted insufficient funds fees, it was warehousing credit card receipts belonging to (Jones) in a separate account, thereby depriving (Jones) of those deposits and maximizing the amount of insufficient funds fees charged (to Jones),” the lawsuit states.

Berea Attorney Roger M. Oliver, who is representing Jones, said the alleged violations were occurring over the nearly two-year relationship period, but Jones was unaware of it until he began using Chase’s Web site last February to manage his account online.

Text Only
Local News
  • 4-18 PackTrack1a.jpg Walkers, runners of every age ‘Pack the Track’

    Waco Elementary and Model Laboratory schools students raised more than $8,000 (and counting) for the annual Pack the Track event at Eastern Kentucky University’s Tom Samuels Track Thursday, said Kim DeCoste of the Madison County Diabetes Coalition.

    April 18, 2014 14 Photos

  • 4-18 George WilliamsWEB.jpg Suicide attempt fatal for inmate

    A Todd County man died Tuesday at a Lexington hospital following a suicide attempt at the Madison County Detention Center, according to Madison and Fayette county officials.
    George Kenneth Williams, 50, of Allensville, was transported Monday afternoon by Madison County EMS to Baptist Health Richmond, according to EMS Director Jimmy Cornelison. He was then transferred to Baptist Health in Lexington where he died Tuesday, according to the Fayette County Coroner’s Office.

    April 17, 2014 1 Photo

  • CCDW instructor indicted on charges of failing to provide training

    A Madison County grand jury has indicted a carry-concealed weapons permit instructor on charges he falsely claimed to have provided instruction to one person for a CCDW permit and provided incomplete training to three others.
    Christopher D. Fins was indicted April 9 on one count of CCDW instructor not providing firearms training and three counts of providing incomplete firearms training.
    Fins faces up to 20 years in prison if convicted of all four felony charges.

    April 17, 2014

  • EKU dorm sprinklers may have been activated maliciously

    Fire-suppression sprinklers went off about 2:30 a.m. Thursday in Eastern Kentucky University’s Martin Hall dormitory, prompting its evacuation.
    Fluctuating pressure then caused a campus water main to break, according to EKU spokesperson Mark Whitt.
    The cause is uncertain, but university officials are investigating to determine if the sprinklers were activated maliciously, Whitt said.
    The residence hall houses 260 students who were placed in other university housing or stayed with friends. All were able to move back in later in the day, he said.

    April 17, 2014

  • Sixth person charged in motel meth bust

    A sixth person has been charged in connection with a methamphetamine-making operation discovered last week at the Bel Air Motel in Richmond.
    Roger M. Million, 24, Moberly Road, was charged Wednesday with manufacturing methamphetamine.

    April 17, 2014

  • 4-18 George WilliamsWEB.jpg Madison County inmate dies in Lexington hospital

    An inmate at the Madison County Detention Center died Tuesday at a Lexington hospital, according to officials with the Fayette County Coroner’s Office and Madison County EMS.

    April 17, 2014 1 Photo

  • Sprinkler goes off; dorm evacuated

    Fire-suppression sprinklers went off at about 2:30 a.m. Thursday in Eastern Kentucky University’s Martin Hall dormitory, prompting its evacuation.

    April 17, 2014

  • 4-17 4Hfieldday1.jpg 4-H Environmental Field Day

    Madison County fourth-graders participated in several hands-on activities Tuesday and Wednesday during the annual 4-H Environmental Field Day at the county fairgrounds.

    April 16, 2014 8 Photos

  • Hearing delayed on West Main zone change

    Signs giving notice of a public hearing on a proposed zone change at the corner of West Main Street and Tates Creek Avenue were not posted in time for the Richmond Planning Commission to scheduled a public hearing for its April 24 business session.

    April 16, 2014

  • Berea mulls break with Kentucky Utilities

    The city of Berea is considering whether to extend its contract with Kentucky Utilities or to shop around for another electricity provider.

    April 16, 2014