Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.
The plaintiffs in this lawsuit allege that FirstMerit unlawfully rearranged the order by which debit card transactions were posted in customers’ deposit accounts to increase the number of overdrafts that their accounts would experience in any particular day and to improperly charge excessive and unwarranted overdraft fees. Plaintiffs also alleged that FirstMerit began “commingling” or grouping customers’ debit card transactions with checks and other non-check debits together for purposes of posting. The lawsuit also claimed that FirstMerit did not inform its customers of this commingling or its effect, combined with debit reordering, of greatly increasing the number of overdrafts and overdraft fees.Docket Number:
Company: Huntington Bancshares
Filing Deadline: June 19, 2017
Class Period: March 16, 2005 to August 13, 2010
Objection Deadline: May 5, 2017
Exclusion Deadline: May 5, 2017
Final Approval Hearing: June 2, 2017Proof of Purchase: Eligibility:
The Class includes all persons who, from March 16, 2005 to August 13, 2010:
- Had an account with FirstMerit Bank N.A. that permitted funds in such account to be accessible by a debit card;
- Had more than one Debit Card Transaction in a single day;
- Had their Debit Card Transactions posted from highest to lowest dollar amount; and
- Incurred an Overdraft Fee as a result of FirstMerit’s practice of posting Debit Card Transactions from highest to lowest dollar amount that would not have been incurred had FirstMerit posted Debit Card Transactions “chronologically” as part of the following posting order:
- Fees and other non-customer-initiated debits in high to low order;
- All ACH transactions from lowest dollar amount to highest dollar amount;
- All checks in low to high order
- All Debit Card Transactions for which information regarding the time of day that the Debit Card Transaction was authorized at the point of sale or ATM is available, in chronological order;
- All Debit Card Transactions for which information regarding the time of day that the Debit Card Transaction was authorized at the point of sale or ATM is not available, in low to high order.
Settlement shares will consist of a pro rata share of the $8,975,000 cash settlement shares based upon the number of valid claim forms submitted. Further, a $7,000,000 debt forgiveness program will be put into place to forgive claimants of outstanding FirstMerit debts.
Total Settlement Amount: $15,975,000Class Representative Proposed Incentive Fee:
Dworken & Bernstein Co. LPA
Spangenberg Shibley & Liber
Claim Form: Submit a Claim
Case Name: Jacobs, et al. v. Huntington Bancshares Inc. and Huntington National Bank
Settlement Website: FirstMerit Overdraft Settlement
Epiq Systems Inc.
FirstMerit Overdraft Settlement
c/o Epiq Systems Inc.
P.O. Box 6389
Portland, OR 97228-6389