Rebney

I. Introduction

These appeals challenge the settlement of class action litigation arising from the assessment of various bank checking account fees.

According to the parties, the appeals are about either collusion or fantasy. Appellants contend the settlements were the product of a collusive sellout between class counsel and the banks. Respondents claim the appeals are attributable to appellants’ fantasy vision of wondrously large money judgments.

From our perspective, at least, the parties are each wrong. To us, these appeals are about appellate standing, the lack of which precludes nearly all the claims asserted by appellants.

II. Background

The litigation began in 1977 as three separate class actions against Wells Fargo Bank, N.A. Crocker National Bank and the Bank of America. The Wells Fargo and Crocker lawsuits were consolidated after Wells Fargo’s 1986 acquisition of Crocker, and will be referred to collectively as the Wells Fargo action.

In each case the plaintiffs challenged the banks’ assessment of fees against customers who wrote “NSF” checks, that is, checks for which there are not sufficient funds on deposit. Two types of NSF fees may be charged to a…