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Fighting Back Against Companies That Steal Your Money Through Hidden Fees

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Junk Fee Lawsuits

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Why Choose CohenMalad, LLP for Your Junk Fee Lawsuit

American consumers pay roughly $90 billion annually in junk fees across all industries, from banking to hospitality to entertainment. These aren't legitimate service charges — they're calculated traps designed to maximize corporate profits at your expense. Our team at CohenMalad, LLP has been taking on these corporate giants for over 55 years, and we know exactly how they operate.

We've built our reputation by going after the biggest names in banking, hospitality, telecommunications, and entertainment and winning. Our firm secured over $100 million for Indiana consumers against predatory fee practices, including major victories against credit unions and state agencies. We don't negotiate quick settlements with companies that offer pennies on the dollar; we fight for every cent they stole from you.

When companies hide mandatory fees until checkout, manipulate transaction orders to generate maximum fees, or collect charges for services that should be included in the advertised price, they're committing theft. We make them pay it back with interest.

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What Are Junk Fees and Why Are They Illegal

Junk fees represent a massive wealth transfer from working families to corporate shareholders. These hidden, surprise, or deceptive charges get added to advertised prices, often revealed late in the checkout process or buried in fine print that consumers never see until it's too late.

Here's what makes junk fees particularly predatory:

  • Drip pricing: Companies advertise low base prices but add mandatory fees later in the booking or checkout process.
  • Hidden resort and amenity fees: Hotels add $20 to $50 per night in fees for pools, gyms, or Wi-Fi without disclosing them in initial price quotes.
  • Ticketing service fees: Convenience, processing, and facility charges pile onto event tickets at checkout.
  • Transaction reordering: Banks process your largest transactions first, triggering the highest overdraft fees on smaller purchases.
  • Authorize Positive, Settle Negative (APSN) fees: You're charged overdraft fees even when you had sufficient funds when the transaction was approved.
  • Telecommunications administrative fees: Cable company-imposed fees add what amounts to a 24% surcharge on top of advertised prices, generating close to $450 per year per customer.
  • Rental application and move-out fees: Landlords charge excessive fees that circumvent rent control limits.
  • Early termination penalties: Telecommunication companies charge excessive fees to cancel service.
  • Car rental hidden charges: Documentation fees, reconditioning fees, and airport concession fees not disclosed upfront.

The Federal Trade Commission has called these practices unfair and deceptive under federal consumer protection regulations, and multiple federal agencies are now cracking down on junk fees across the economy. However, enforcement remains inconsistent, and private litigation is often the primary means of holding companies accountable.

Major Settlements Prove Widespread Fraud

The evidence of systematic junk fee fraud is overwhelming. Major companies across multiple industries have paid billions in settlements for deceptive fee practices:

Banking: Wells Fargo $3.7 Billion (2022)

The CFPB found Wells Fargo illegally charged customers surprise overdraft fees and other junk fees. The settlement covered millions of accounts dating back over a decade.

Banking: Bank of America $410 Million (Class Action)

One of the largest overdraft fee settlements in history covered transaction reordering practices that generated illegal fees for millions of customers.

Banking: Regions Bank $191 Million (2022)

The CFPB found Regions collected "authorize positive, settle negative" overdraft fees from hundreds of thousands of customers who had sufficient funds when transactions were approved.

Banking: Navy Federal Credit Union $95 Million (2024)

Even military-focused credit unions weren't immune, with Navy Federal paying massive penalties for surprise overdraft fees affecting service members and their families.

Rental Housing: Greystar Real Estate Partners

The FTC and Colorado sued the nation's largest multifamily rental property manager for deceiving customers about monthly rental costs by tacking on numerous mandatory fees for pest control, trash services, and background checks, costing consumers hundreds of millions of dollars since 2019.

Food Delivery: Grubhub $25 Million (2025)

The FTC accused Grubhub of advertising low or no delivery fees while hiding significant service fees and small order fees that increased delivery costs by double or triple the advertised amount.

Car Rentals: Discount, Avis/Budget, Hertz

Multiple car rental companies were penalized for describing fees used to recover operating costs as government-mandated taxes or surcharges.

These settlements represent only cases in which companies were caught and forced to pay. Thousands of businesses continue to engage in similar practices without any accountability.

Industries Where Junk Fees Plague Consumers

Consumer Reports found that Americans had experienced hidden fees across multiple industries: 49% for telecommunications services, 45% for live entertainment or sporting events, 37% for gas and electric utilities, 37% for hotel stays, 35% for air travel, 27% for credit cards, 26% for auto loans and purchases, and 23% for personal banking services.

Banking and Financial Services

Banks manipulate transaction processing to maximize fee revenue:

  • Transaction reordering: Banks process your largest transactions first, which can trigger the highest overdraft fees on smaller purchases.
  • APSN fees: Banks charge overdraft fees even when you have sufficient funds at the time of the transaction authorization.
  • Extended overdraft penalties: Daily fees that accumulate while your account remains negative.
  • Multiple NSF charges: Banks collect fees for both declining your payment AND processing it.
  • ATM network manipulation: Banks steer you toward high-fee ATMs while concealing fee-free options.

The average American pays $4.73 per out-of-network ATM transaction, with some machines charging over $7. For customers who access cash twice weekly, these fees can exceed $500 annually.

Hotels and Short-Term Rentals

Hotels often hide resort fees until the final booking stage, with fees adding an extra $20 to $50 per night. The hotel industry raked in a record $2.9 billion in resort fees and other surcharges in 2018.

  • Resort fees: Mandatory charges for pools, gyms, or Wi-Fi buried in fine print;
  • Destination fees: Hidden charges labeled as "local tourism support";
  • Early check-in/late checkout fees: Charges for flexible timing not disclosed upfront;
  • Cleaning fees: Short-term rentals add massive cleaning charges at checkout.

Live Entertainment and Event Ticketing

Ticketing companies add layers of fees that can double the advertised price:

  • Service fees: Undefined charges for basic ticket processing;
  • Convenience fees: Penalties for buying tickets online (the primary sales channel);
  • Processing fees: Additional charges layered on top of service fees;
  • Facility charges: Fees supposedly for venue costs, with no breakdown.

These fees are particularly egregious because consumers have already committed emotionally to attending the event before seeing the true total cost.

Telecommunications

The cable television industry is perhaps the worst offender, with company-imposed fees amounting to a 24% surcharge on top of advertised prices, generating nearly $450 per customer per year.

  • Broadcast TV fees: Non-optional fees that cable companies claim help recoup costs for basic programming;
  • Regional sports fees: Charges for sports channels, regardless of whether you watch them;
  • Administrative fees: Undefined charges for basic business operations;
  • Regulatory recovery charges: Companies passing along compliance costs as "fees";
  • Early termination fees: Excessive penalties to cancel service contracts.

Rental Housing

Junk fees in rental housing include application fees, pet fees, and move-in or move-out fees, and can result in rental debt that can negatively affect a tenant's credit report. In some cases, these fees are a landlord's way of circumventing legal rent-increase limits.

  • Application fees: Charges exceeding actual background check costs;
  • Administrative fees: Monthly charges for basic property management;
  • Move-in/move-out fees: Excessive charges beyond actual cleaning costs;
  • Pet rent and deposits: Monthly fees plus deposits that far exceed any damage costs;
  • Trash and pest control fees: Mandatory charges for basic services.

Automotive Sales and Rentals

Car dealers and rental companies add numerous fees that inflate final costs:

  • Documentation fees: Charges for basic paperwork that should be included in the price;
  • Dealer preparation fees: Costs for preparing new vehicles that dealers are already compensated for;
  • Reconditioning fees: Rental car charges for normal wear and tear;
  • Airport concession fees: Rental surcharges at airport locations not disclosed in advertised rates;
  • Add-on products: Service contracts and GAP insurance with non-transparent pricing.

Utilities and Essential Services

37% of Americans experienced hidden fees for gas and electric utilities, with charges for basic services that should be included in advertised rates.

  • Activation fees: Charges to turn on basic utility services;
  • Administrative fees: Monthly charges for basic account management;
  • Paper bill fees: Penalties for not using electronic billing;
  • Payment processing fees: Charges for paying bills online or by phone.

Compensation Available for Junk Fee Victims

Successful junk fee lawsuits typically recover multiple types of damages:

  • Full refund of illegal fees with interest calculated from the date of each improper charge;
  • Punitive damages for willful violations of consumer protection laws;
  • Additional penalties under state consumer protection acts, often 2 to 3 times actual damages;
  • Attorney fees and costs in states with fee-shifting consumer protection statutes;
  • Injunctive relief requiring companies to change their fee practices going forward.

Understanding Your Potential Recovery

Settlement amounts vary based on several factors:

  • Total fees paid over the statute of limitations period (typically 2 to 6 years, depending on your state);
  • Severity of company misconduct, as systematic fee schemes typically yield more serious damages than isolated errors;
  • Number of affected customers — widespread practices often result in class action settlements with standardized compensation formulas;
  • Available evidence of deceptive practices in company internal communications or training materials.

Recent settlements have averaged $150 to $800 per affected customer, with some individual cases recovering thousands of dollars in fees and additional damages.

How CohenMalad Can Win Your Junk Fee Case

We aren't a settlement mill that processes hundreds of cookie-cutter cases. With attorneys recognized among the top in the nation and over $1 billion recovered for clients, we're a law firm that takes cases to trial and wins against corporate giants.

Our Proven Approach to Junk Fee Cases

  • Comprehensive transaction analysis using forensic accounting techniques to identify every improper fee;
  • Discovery of internal company documents revealing deliberate fee maximization strategies and pricing policies;
  • Collaboration with industry analysts who understand pricing systems and regulatory violations;
  • Aggressive pursuit of maximum damages, including punitive awards and attorney fees where available;
  • Trial-ready preparation so companies know we'll fight their armies of corporate lawyers in court.

We know how these companies operate because we've been beating them for decades. Our $100 million recovery against the Indiana Bureau of Motor Vehicles demonstrates how we handle massive fraud cases involving unfair and unethical fees, and our credit union settlements demonstrate our success against financial institutions specifically.

Why Companies Settle with CohenMalad

Companies track which law firms actually try cases versus those that always settle for nuisance amounts. They know we go to court and win. That reputation gets our clients better settlements because companies would rather pay fair compensation than face us in court.

Our track record includes:

  • Major victories against AT&T ($106 million class action settlement);
  • Insurance company defeats totaling hundreds of millions in client recoveries;
  • Corporate fraud cases where we exposed systematic deceptive practices;
  • Consumer protection wins that changed industry practices beyond just monetary settlements.

When you hire CohenMalad, LLP, companies know you're serious about getting justice, not just a quick payout.

The Legal Process for Your Junk Fee Lawsuit

Step 1: Free Case Evaluation

We analyze your transaction history, fee patterns, and potential claims to determine whether you have a strong case. This consultation costs nothing and creates no obligation.

Step 2: Comprehensive Investigation

If you have a viable claim, we obtain complete transaction records, analyze fee processing patterns, and identify specific regulatory violations or contract breaches.

Step 3: Expert Analysis

We work with industry experts to document improper practices and calculate the full scope of damages, including fees that customers typically don't realize were illegal.

Step 4: Strategic Filing

We file a comprehensive lawsuit targeting the specific violations that affected you, whether individually or as part of a class action, depending on the scope of company misconduct.

Step 5: Aggressive Advocacy

We negotiate from a position of strength, backed by thorough preparation and a willingness to try your case. Companies know we're serious, which leads to better settlement offers.

Step 6: Recovery

You receive compensation only after we successfully resolve your case through settlement or trial victory. Our contingency fee structure ensures our interests align with maximizing your recovery.

Time Limits for Filing Your Junk Fee Lawsuit

There's a limited window to file junk fee lawsuits. Each state has its own statute of limitations, giving you a specific number of years from when you discovered (or should have discovered) the illegal fee practices.

Why Timing Matters Urgently

  • Missing deadlines eliminates your right to recover stolen fees forever.
  • Company records have retention limits, and older transactions become harder to prove.
  • Class action deadlines may prevent you from joining larger settlements if you wait too long.
  • Interest calculations on fee refunds typically start from the date of improper charges, making earlier filing more valuable.

The discovery rule may extend your filing deadline. Since most customers didn't know companies were manipulating prices or violating regulations, the statute of limitations clock may not have started until media coverage or regulatory actions revealed the problems.

Different types of fee violations have different deadlines, and determining which statutes of limitations apply requires careful legal analysis of your specific situation.

Don't gamble with your right to recovery. Contact us immediately for a free evaluation of your case and filing deadlines.

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Companies count on you never learning how their fee schemes work. We'll calculate exactly how much they stole and make them pay it back.

We Won't Let Them Win

Meet Our Consumer Protection Litigation Team

CohenMalad, LLP has spent over 55 years building a reputation for taking on corporate giants in David vs. Goliath battles. Our attorneys have faced down some of the most aggressive corporate defense teams in America and consistently emerged victorious.

Our consumer protection and financial services litigation experience includes cases involving major banks, credit unions, telecommunications companies, hospitality chains, state regulatory agencies, and national corporations. We understand both the technical aspects of pricing systems and the legal theories required to hold companies accountable for junk-fee fraud.

When companies see CohenMalad, LLP on the opposing counsel line, they know they're facing trial lawyers who won't back down. That reputation is your advantage in settlement negotiations.

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Frequently Asked Questions About Junk Fee Lawsuits

  • How do I know if the fees I paid were illegal?

    The key evidence is whether fees were clearly disclosed in the advertised price. The FTC's rule requires that the most prominent price in any advertisement needs to be the all-in total price, and companies cannot misrepresent fees or hide them until checkout.

    Look for patterns like:

    • Fees appearing only at checkout after you've committed to purchase;
    • Mandatory charges not included in the advertised base price;
    • "Service" or "convenience" fees with no clear explanation;
    • Charges that significantly inflate the total beyond what was advertised.

    We can analyze your complete transaction history to identify systematic fee practices that violate consumer protection laws.

  • What if the company claims its fees were disclosed in the fine print?

    Disclosure doesn't make illegal practices legal. Federal courts and agencies have repeatedly found that companies cannot misrepresent fees even if there's fine print somewhere, especially when:

    • The disclosures are buried in incomprehensible terms and conditions.
    • Actual company practices differ from disclosed policies.
    • Fee structures are designed to maximize charges rather than serve legitimate purposes.
    • Customers cannot reasonably avoid the fees despite following the disclosed procedures.

    The FTC has found that some fee practices are inherently "unfair" even with disclosure, because they cause substantial consumer injury that customers cannot reasonably avoid.

  • Can I recover fees from several years ago?

    Yes, depending on your state's statute of limitations. Most junk fee cases can reach back 2 to 6 years to recover illegal charges, and some violations may allow even longer recovery periods.

    The calculation gets complex because different fee types may have different deadlines:

    • Contract breach claims for undisclosed fees;
    • Consumer protection act violations for deceptive pricing practices;
    • Regulatory violations for fees that violated agency guidance;
    • Unjust enrichment claims for fees that violated industry standards.

    We analyze your complete fee history to identify every recoverable charge under applicable deadlines.

  • Will suing a company affect my ability to use their services?

    Federal and state laws prohibit companies from retaliating against customers who exercise their legal rights. Companies cannot:

    • Terminate your services in retaliation for filing lawsuits;
    • Refuse to provide future services because you sued them previously;
    • Report negative information to credit bureaus based on litigation rather than actual account performance;
    • Share information about lawsuits with other companies to blacklist customers.

    Most junk fee cases settle confidentially, meaning your dispute doesn't become a public record that other companies could discover.

  • What's the difference between hotels hiding resort fees and banks hiding overdraft fees?

    Both are forms of junk fees that violate the same fundamental principle: consumers deserve to know upfront what they're being asked to pay without being saddled with mysterious fees they haven't budgeted for and can't avoid.

    The legal distinction matters because:

    • Different federal agencies regulate different industries (e.g., the FTC for hotels/ticketing, the CFPB for banking).
    • State consumer protection laws may apply differently depending on the industry.
    • The timing of fee disclosure varies (hotels at checkout, banks during transaction processing).
    • Evidence requirements differ based on the type of transaction records involved.

    We've handled junk fee cases across multiple industries and understand which legal theories apply to each type of violation.

  • How much will my lawsuit cost me upfront?

    Nothing. We handle all junk fee lawsuits on a contingency fee basis, meaning you pay no attorney fees unless we recover money for your case. We also advance all litigation expenses, so you're never out-of-pocket for:

    • Court filing fees and service costs
    • Company record subpoenas and document production
    • Expert witness fees for transaction analysis
    • Discovery costs and deposition expenses

    Our contingency fee structure aligns our interests with maximizing your recovery. We only get paid when you get paid, and our fee is a percentage of your actual recovery.

  • Should I join a class action or file my own individual lawsuit?

    The best approach depends on your specific circumstances.

    Class actions work well when:

    • The company's fee practices affected thousands of customers similarly;
    • Your individual damages are moderate, but part of a larger pattern;
    • You want minimal involvement in the litigation process;
    • The company's practices involved systematic violations affecting broad customer categories.

    Individual lawsuits may be better when:

    • Your damages are substantial enough to justify individual attention;
    • Your situation involves unique circumstances not covered by class action allegations;
    • You want maximum control over settlement negotiations and decisions;
    • Your case involves specific violations that may not apply to the broader class.

    We evaluate both options and recommend the strategy most likely to maximize your specific recovery.

  • What happens if the company goes out of business during the lawsuit?

    Business failures vary by industry. Bank failures are protected by FDIC insurance, which typically covers consumer claims. For other industries:

    • Corporate bankruptcies trigger a claims process in which consumer lawsuits can be filed.
    • Successor liability may allow claims against companies that acquire the business.
    • Insurance coverage may provide recovery when the company itself cannot pay.
    • Parent company liability may apply when subsidiaries engage in deceptive practices.

    Our experience with corporate bankruptcies and dissolutions helps us identify alternative recovery paths when the primary defendant faces financial difficulties.

  • How long do junk fee lawsuits typically take to resolve?

    Most junk fee cases resolve within 12 to 36 months, though complex class actions may take longer. Several factors affect timing:

    • The company's willingness to negotiate versus fighting every aspect of the case;
    • Complexity of transaction analysis needed to prove systematic violations;
    • Discovery disputes over access to internal company documents and communications;
    • Class certification issues in cases involving multiple customers;
    • Court scheduling and case management decisions.

    Individual cases with clear violations often settle faster than complex class actions, but may result in lower total recoveries due to reduced leverage.

    We keep clients informed about realistic timelines and major developments that could affect the speed of case resolution.

  • Do recent FTC rules protect me from all junk fees?

    The FTC's Junk Fees Rule focuses specifically on hotels, vacation rentals, and event ticketing sites, with enforcement taking effect May 12, 2025. However, the FTC says it will use its law enforcement authority to continue pursuing bait-and-switch pricing tactics in other industries through case-by-case enforcement.

    This means:

    • Hotel and event ticketing fees have new federal protections.
    • Banking, telecommunications, rentals, and other industries rely on existing consumer protection laws.
    • State laws may provide additional protections beyond federal rules.
    • Private lawsuits remain crucial for holding companies accountable across all industries.

    Our approach addresses violations under all applicable federal and state laws, not just the narrow scope of recent regulatory rules.

  • I paid junk fees from multiple companies in different industries. Can I sue them all?

    Yes, if each company violated consumer protection laws with their fee practices. Junk fees from different companies and industries can be pursued through:

    • Separate individual lawsuits for each company's specific violations;
    • Joining existing class actions for companies already facing litigation;
    • Coordination with ongoing investigations by federal or state regulators;
    • State consumer protection claims that may allow combined actions.

    We evaluate your entire fee history across all companies to identify which cases offer the strongest recovery potential and most efficient litigation path.

Don't Let Cheating Companies Keep Your Money

Junk fees represent billions in wealth stolen from working families by corporations that know most customers will never fight back. The longer you wait, the more evidence disappears and the harder it becomes to prove systematic violations.

Companies count on customer inaction. They design their fee schemes to be confusing, bury disclosures in incomprehensible agreements, and structure charges in ways that maximize their profits at your expense. They're counting on you to give up.

The FTC estimates that requiring upfront disclosure of total prices will save consumers up to 53 million hours of wasted time per year and more than $11 billion over the next decade. But these savings only come when companies are held accountable through enforcement and private litigation.

CohenMalad, LLP won't let them get away with it. We've spent 55+ years taking on corporate giants and winning. We secured $66.5 million and $55 million verdicts because we prepare every case as if it's going to trial, and companies know it.

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