After the United Services Automobile Association and its subsidiaries agreed to reimburse thousands of policyholders more than $8 million for inappropriately assessed late fees, a federal judge in Maryland is now allowing a separate matter to proceed, in which policyholders seek more than $7 million worth of interest on those improperly retained charges.
U.S. District Judge Peter J. Messitte of the District of Maryland denied USAA’s motion to dismiss plaintiff Walter Black III’s claims for money had and received and unjust enrichment, ruling the plaintiff pleaded facts clearly to suggest USAA “knew full well that they had the use of the late fees,” and “they understood the time-value of the fees” and their interest-bearing potential, according to a June 11 opinion.
