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On July 24, 2000, a U.S. District Court granted summary judgment to AmSouth in a class action suit challenging the bank's alleged nondisclosure of its policy of paying checks received on a given day and drawn on the same account in descending order of value. Shelley v. AmSouth. This sometimes results in more checks being subjected to overdraft or "not sufficient funds" fees than had a different posting order been in effect. The court held that because AmSouth used the Fed's "model forms" for the disclosure of deposit account fees and charges, it was eligible for the Truth in Savings Act safe harbor for banks that do so. The model forms do not require disclosure of posting policies, only the per-check charges. The court also dismissed the state law claims in the case for breach of contract and "fraudulent suppression." The court found that the bank complied with the Truth in Savings Act, and that the bank had no "duty" to disclose, and consequently could not have "fraudulently suppressed," the information."





