Rule 23 order filed NO. 5-06-0646
April 18, 2008;
Motion to publish granted IN THE
June 5, 2008.
APPELLATE COURT OF ILLINOIS
DARRYL L. JOHNSON, Individually ) Appeal from the
and on Behalf of Others Similarly Situated, ) Circuit Court of
) Madison County.
v. ) No. 04-L-230
FIRST BANKS, INC., ) Honorable
) Don W. Weber,
Defendant-Appellee. ) Judge, presiding.
JUSTICE WEXSTTEN delivered the opinion of the court:
The plaintiff, Darryl L. Johnson, on behalf of himself and all others similarly situated,
appeals an order of the Madison County circuit court dismissing his class action complaint
against the defendant, First Banks, Inc., a state bank incorporated in Missouri. On appeal,
the plaintiff argues that the circuit court erred in finding that he lacked standing to bring suit
for wrongful dishonor pursuant to section 4-402 of the Uniform Commercial Code (Code)
(810 ILCS 5/4-402 (West 2004)) and in finding that his state law causes of action were
preempted by the National Bank Act (12 U.S.C. §21 et seq. (2000)). We affirm.
On January 31, 2005, the plaintiff filed a first amended class action complaint alleging
that the defendant wrongfully charged a $5 fee to payees who did not have accounts with the
defendant but who presented for payment checks drawn by the defendant's depositors. Count
I of the complaint alleged wrongful dishonor pursuant to section 4-402 of the Code (810
ILCS 5/4-402 (West 2004)). Count II alleged a violation of the Consumer Fraud and
Deceptive Business Practices Act (815 ILCS 505/1 et seq. (West 2004)). Count III set forth