Four smaller banks may not have to respond for some time to a mooted class action over the level of their penalty fees.The four are Bank of Queensland, Bendigo and Adelaide Bank, HSBC and Suncorp.ANZ is the first defendant in a series of cases funded by IMF (Australia) and managed by law firm Maurice Blackburn.Proceedings are also underway against Citibank, Commonwealth Bank, National Australia Bank and Westpac.IMF, through its subsidiary Financial Redress, has been gathering registrations for potential class actions against other banks as well.In an email to group members on Friday, James Middleweek, managing director of Financial Redress, wrote that "in relation to the four banks where proceedings have not yet been issued, due to insufficient numbers… we will endeavour to settle these claims at a later date as the position with ANZ and the larger banks becomes clear."Middleweek wrote that he expected the second stage of the trial against ANZ (which will examine the costs relevant to each of 17 fees in dispute) to commence in the second half of 2013.