Thomas v. Dover Federal Credit Union - Motion to Dismiss Granted

The Delaware Superior Court has granted Dover Federal Credit Union's motion to dismiss a class action lawsuit filed by member Amy Thomas. Thomas alleged that the credit union breached her membership agreement by charging her two $30 fees for insufficient funds when a payment transaction failed twice. The court's opinion, decided on February 27, 2026, found that the second fee did not constitute a breach of the membership agreement.

This ruling means the case brought by Ms. Thomas has been dismissed, and the credit union is not liable for the alleged breach of contract related to the second insufficient funds fee. Regulated entities, particularly financial institutions, should note that courts may interpret membership agreements strictly, and claims based on standard fee structures may be dismissed if not clearly in violation of the agreement's terms.