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

Perdue (P) filed a class action against Crocker (D) for the charges it assessed customers for NSF checks. P alleged the actual cost to process NSF checks was $.30 and that the bank charged $6 per check. P was required to sign a signature card when opening the account and that card stated in very small print (6 point) that P had agreed to be subject to all of D's rules and regulations. P sued D on a number of causes of action relating to the charges. D filed demurrers and the court sustained the demurrers noticing that P had filed three previous complaints in another action raising similar issues. P contends that the signature card was not a contract permitting NSF charges and that such charges were oppressive, unreasonable, or unconscionable. P appealed.

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