McGhee

I. BACKGROUND

23 Plaintiffs bring this putative class action on behalf of consumers who NAB allegedly 24 improperly charged undisclosed monthly fees in connection with its credit card processing 25 service and products. (First Amended Complaint (“FAC”), Doc. No. 156, ¶ 1.) NAB offers 26 a “Pay-As-You-Go” credit card processing service, which was advertised as a free service 27 with no setup, monthly, or hidden fees. (Id. at ¶ 2.) Plaintiffs were two of NAB’s Pay-As- 28 You-Go customers who were charged multiple fees in the form of a $3.99 per month “inactivity” fee. (Id. ¶ 3.) NAB automatically began withdrawing these inactivity fees from its customers’ bank accounts in 2015. (Id. ¶ 23.) To date, NAB has not refunded any of the inactivity fees withdrawn from Plaintiffs’ bank accounts. (Id. ¶ 16.) Plaintiff McGhee filed the original complaint in this Court in March 2017. (Doc No. 1.) NAB then filed a motion to dismiss and/or strike class action claims and related allegations on August 27, 2019 (Doc. No. 60), which was denied (Doc. No. 70). Plaintiffs thereafter filed a motion to certify the class in October 2020 (Doc. No. 84), which the Court 9 …