FirstMerit Overdraft Fees Class Action Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

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, 2017

Proof 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:
    • Credits;
    • 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. 
Typical Settlement Amount:

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: $15,975,000

Class Representative Proposed Incentive Fee:


Law Firms:
Dworken & Bernstein Co. LPA
Spangenberg Shibley & Liber
Tycko Zavareei

Claim Form: Submit a Claim

Case Name: Jacobs, et al. v. Huntington Bancshares Inc. and Huntington National Bank

Settlement Website: FirstMerit Overdraft Settlement

Claims Administrator:
Epiq Systems Inc.

Claims Administrator Contact Information:

FirstMerit Overdraft Settlement
c/o Epiq Systems Inc.
P.O. Box 6389
Portland, OR 97228-6389
Phone: 1-844-616-6615
Fax: 1-844-603-5052

Tags: Overdraft Fees, Your Bank