US Bank Lawsuit, Free Speech Class Action Moves Forward, $37.5M CFPB Fine Finalized, And What Affected Customers Need To Know Now
If you’re a U.S. Bank customer who signed digital banking agreements after 2020, you may be part of a federal class action challenging non-disparagement clauses the bank allegedly used to silence customer complaints. As of February 2026, the lawsuit remains active in California federal court, while a separate $37.5 million Consumer Financial Protection Bureau fine for unauthorized accounts has been finalized with potential customer reimbursements underway.
What The U.S. Bank Lawsuits Involve
U.S. Bank faces two major legal actions. First, Aguilar v. US Bank NA, Case No. 2:24-cv-00154 (filed November 2024 in California federal court) alleges the bank embedded illegal non-disparagement clauses in online banking terms, preventing customers from posting negative reviews or making critical statements about services.
Second, the Consumer Financial Protection Bureau finalized a $37.5 million fine in April 2025 for unauthorized accounts. Employees allegedly opened deposit accounts, credit cards, and lines of credit without customer permission between 2010-2020 to meet sales targets, causing credit damage and fraudulent fees.
February 2026 Updates
The free speech lawsuit is in discovery. U.S. Bank filed a motion to compel arbitration in December 2025, arguing customer agreements require individual arbitration not class actions. Plaintiffs opposed in January 2026, claiming arbitration clauses combined with non-disparagement terms are unconscionable.
The arbitration hearing is scheduled March 2026. If denied, class certification follows mid-2026. If granted, only individual arbitration proceeds—no public settlement.
The CFPB enforcement is final. U.S. Bank paid $37.5 million, implemented compliance measures, and must reimburse affected customers for unauthorized fees.
Who Qualifies
Free Speech Case: Customers who accepted U.S. Bank online/mobile banking terms with non-disparagement clauses from approximately 2020 forward qualify once the class is certified.
CFPB Unauthorized Accounts: You qualify if employees opened accounts in your name between 2010-2020 without authorization. Affected customers should have received direct notices about reimbursement. Similar banking class action lawsuits often provide automatic reimbursements once approved.
Potential Compensation
No settlement exists in the free speech lawsuit. If successful, compensation could include statutory damages ($100-$1,000 per violation) plus attorney fees.
For CFPB cases, reimbursements cover unauthorized fees, credit dispute costs, and documented harm. Contact 1-800-872-2657 for claim status. U.S. Bank settled a $450,000 FCRA class action in 2024 for improperly obtaining credit reports, showing a pattern of resolving consumer claims through settlements.
What You Must Know
The free speech case tests whether banks can contractually limit customer speech—a novel legal theory with implications beyond U.S. Bank. If arbitration is compelled, there’s no public settlement—only private individual claims.
The CFPB enforcement doesn’t create a class settlement fund. U.S. Bank must directly contact affected customers. If you believe you’re affected but haven’t received notice, contact the bank proactively.
U.S. Bank has faced over $1.68 billion in penalties since 2000 across 65 enforcement actions, per Violation Tracker—indicating systemic compliance issues.
What To Do Next
Review account agreements. Check U.S. Bank’s online banking terms for non-disparagement clauses. Screenshot and save as evidence.
Check for unauthorized accounts. Review credit reports at AnnualCreditReport.com for U.S. Bank accounts you didn’t open. Dispute immediately and document everything.
Monitor lawsuit progress. Search PACER using Case No. 2:24-cv-00154 or check AllAboutLawyer.com for updates.
Don’t waive rights. Read settlement offers or account modifications carefully before signing—you may waive class action rights.
Respond to CFPB notices promptly. Deadlines are typically 60-90 days. Missing them forfeits compensation.
Consider legal consultation for significant harm. If unauthorized accounts caused over $10,000 in losses, individual litigation may make sense. Banking fee lawsuits show increased scrutiny across the industry.
Frequently Asked Questions
What is the U.S. Bank free speech lawsuit about?
The class action alleges U.S. Bank illegally embedded non-disparagement clauses in digital banking agreements, preventing customers from making negative statements about the bank. Plaintiffs claim this violates consumer protection laws and First Amendment rights.
Who is eligible for the U.S. Bank lawsuit settlement?
No settlement exists yet. Potential class members include customers who accepted U.S. Bank’s online or mobile banking terms containing non-disparagement language, likely from 2020 forward once class certification occurs.
How much compensation can I receive?
Unknown until settlement negotiations or trial verdict. Consumer protection statute violations typically provide statutory damages ranging from $100 to $1,000 per violation, though actual amounts depend on final settlement terms or jury awards.
What is the deadline to join the U.S. Bank lawsuit?
There’s no current deadline since the class hasn’t been certified. Once certified, the court will set a claim period. Monitor Case No. 2:24-cv-00154 or AllAboutLawyer.com for updates.
What about the CFPB unauthorized accounts case?
That’s finalized. U.S. Bank paid $37.5 million and must reimburse affected customers directly. If you had unauthorized accounts opened between 2010-2020, contact U.S. Bank at 1-800-872-2657 about reimbursement eligibility.
Can I opt out and sue separately?
Once the class is certified, yes—but only during the opt-out period (typically 60 days after notice). Opting out preserves individual litigation rights but forfeits class settlement benefits.
What changed in February 2026 for U.S. Bank lawsuits?
The free speech case entered discovery with an arbitration motion hearing scheduled March 2026. The CFPB enforcement became final with customer reimbursements beginning. No major settlement announcements occurred in February 2026.
Last Updated: February 1, 2026
Disclaimer: This article provides information about U.S. Bank lawsuits based on court filings and regulatory actions. It is not legal advice.
Call to Action: Check your credit reports for unauthorized U.S. Bank accounts and review your online banking terms for non-disparagement clauses before the arbitration hearing.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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