This section contains the nature of the case and procedural background.

Bank (D) charged checking accounts a fee for processing non-sufficient funds (NSF) checks written on accounts. From 1973 to 1979, D increased those fees from $3 to $5 per check. A class action suit was taken against D by Lonnie and Teresea Best (P) to recover monies because the fees charged by D greatly exceeded D's cost for processing NSF checks. The court certified the class on two of P's claims; that the fees were a penalty, and that D breached good faith. The court certified a subclass on an unconscionability claim. The circuit court granted summary judgment to D. On appeal the Court of Appeals reversed to the breach of good faith and affirmed the rest of the summary judgment. This appeal resulted.

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