Sarah Mirando  |  April 22, 2013

Category: Closed Class Actions

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Commerce Bank Overdraft Class Action Lawsuit Settlement

 

Award (how much your claim may be worth): You can receive a cash refund from the Commerce Bank overdraft fee class action settlement.

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Class Action Lawsuit Settlement Case(s): In Re: Checking Account Overdraft Litigation, Case No. 1:09-md-02036-JLK, U.S. District Court, Southern District of Florida.

Company(ies): COMMERCE BANK, N.A.

Commerce Bank

 
 
 
Website of the Class Action Lawsuit Settlement Administrator (FILE YOUR CLAIM HERE): www.CommerceBankOverdraftSettlement.com

Address to submit a claim form (REQUIRED):

Some Class Members will automatically receive a payment, while others will need to submit a Claim Form (see details below). The address to submit a Claim Form is:
 
Commerce Bank Overdraft Settlement
P.O. Box 3775
Portland, OR 97208-3775

Phone Number to call for assistance: (866) 841-7649

Details: The Commerce Bank overdraft settlement will resolve allegations the bank posted debit card transactions during overnight processing in the order of highest-to-lowest dollar amount, which resulted in an increased number of overdraft fees assessed to customers.

Commerce Bank denies the allegations but has agreed to establish a class action settlement fund to resolve its portion of the litigation known as In re: Checking Account Overdraft Litigation, which includes similar allegations against at least 30 U.S. banks.

Class Members of the Commerce Bank overdraft fee settlement include:

 

  • Anyone who has or had a Commerce consumer checking account that could be accessed with a debit card at any time between April 6, 2004, through and including August 16, 2012. For those members of the Settlement Class with an account that was opened in Illinois, the class period is April 6, 2000, through and including August 16, 2012; and
  • Incurred an overdraft fee as a result of Commerce Bank’s practice of posting debit card transactions from highest to lowest dollar amount.


If the settlement is approved, Class Members can receive a cash payment based on the number of improper overdraft fees they were assessed and how many valid claims are filed.

Class Members who had accounts opened in Illinois and incurred eligible overdraft fees between April 6, 2000 and December 31, 2002 will need to submit a valid Claim Form by May 21, 2013 in order to receive a payment. All other Class Members will automatically receive a payment if the class action settlement is approved.

Claim Forms and more information on your rights in the Commerce Bank Overdraft Class Action Lawsuit Settlement can be found at www.CommerceBankOverdraftSettlement.com.

Fees Charged From: 2000 to 2012

Claims must be postmarked by: 5/21/13

 

Settlement Administrator(s): Epiq Systems Inc.

Class Counsel:

 

Jeffrey M. Ostrow

KOPELOWITZ OSTROW P.A.

 

Robert C. Gilbert

GROSSMAN ROTH, P.A.

 

Aaron S. Podhurst, Esq.

PODHURST ORSECK, P.A.

 

Bruce S. Rogow

BRUCE S. ROGOW, P.A.

Defense Counsel:

Todd W. Ruskamp

SHOOK, HARDY & BACON, L.L.P.

 

 

UPDATE: Distribution of settlement checks occurred on Jan. 9, 2014, according to an update on the Settlement Administrator’s website.

 


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4 thoughts onCommerce Bank Overdraft Class Action Lawsuit Settlement

  1. Cat says:

    I lost over $25,000…I tried getting my money back. I went with my statements. They wouldn’t give me a dime!

  2. Christian M. Cepel says:

    Is there any recourse for someone who has been grossly wronged by the settlement administrator? When I followed up on this I found that they had sent my settlement check to my ex-wife at a long defunct address (who had been off the account and the account awarded to me in the divorce settlement) They made me jump through hoops for months emailing and then waiting 15-30+ days before getting a response. They made me mail a letter to them and kept telling me for several months that they had not yet received it before finally telling me that they had, and continuing to be incompetent, irresponsible, and dishonest until the payout period elapsed (and I assume they were able to keep the money). I have transcripts of the entire thing and the letter I sent.

  3. phyllis tanna says:

    text

  4. Carolyn Horn says:

    Commerce Bank attempted to garnish my account with them which is illegal. I receive disability and they denied me to cash a check and paid an amount to Blue Hippo which was stopped by me. I had to go to the bank get in tough with my Senator’s office for assistance…it was a real disturbing problem. I have notes if they are needed just going through the death of my mother and former husband, and trying to find a pro bono brobate attorney in the middle of grieving. Wish you could help me with pro bono probate attorney in the state of Missouri.

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