Sarah Mirando  |  December 31, 2013

Category: Closed Class Actions

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This settlement is closed!

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Comerica Bank class action

Comerica Bank has reached a $14.58 million class action settlement over allegations it charged improper overdraft fees between 2004 and 2010. Comerica Bank Account holders who incurred an overdraft fee in Arizona, California, Florida, Michigan or Texas stand to receive a refund of the improper fees they paid if the class action settlement is approved.

Who’s Eligible

Class Members of the Comerica overdraft settlement include anyone who held a Comerica Bank Account in the following states during the applicable time periods and incurred one or more overdraft fees as a result of Comerica’s high-to-low posting:

  • For Settlement Class Members who opened accounts in Arizona, the period from Feb. 18, 2004 through Aug. 15, 2010.
  • For Settlement Class Members who opened accounts in California, the period from Feb. 18, 2006 through Aug. 15, 2010.
  • For Settlement Class Members who opened accounts in Florida, the period from Feb. 18, 2005 through Aug. 15, 2010.
  • For Settlement Class Members who opened accounts in Michigan, the period from Feb. 18, 2004 through Aug. 15, 2010.
  • For Settlement Class Members who opened accounts in Texas, the period from Feb. 18, 2006 through Aug. 15, 2010.
Potential Award

Varies depending on how many overdraft fees you incurred during the Class Period.

Proof of Purchase

Based on Comerica Bank’s records.

Claim Form Deadline

There is no Claim Form deadline; Class Members will automatically receive an account credit (current customers) or check (former customers) if the Court grants final approval to the Comerica overdraft settlement and after any appeals are resolved. If there are appeals, resolving them can take time.

Class Members who opt out of the class action settlement will not receive benefits. The deadline to opt out or object to the Comerica overdraft settlement is March 12, 2014.

Case Name

Simmons v. Comerica Bank, N.A., S.D. Fla. Case No. 10-cv-22958 and N.D. Tx. Case No. 3:10-cv-00326-O.

The case is part of multidistrict litigation involving dozens of banks, known as In re: Checking Account Overdraft Litigation, No. 1:09-md-02036-JLK, U.S. District Court, Southern District of Florida.

Case Summary

Comerica Bank has reached a $14.58 million class action settlement over allegations it charged improper overdraft fees between 2004 and 2010. Comerica Bank Account holders who incurred an overdraft fee in Arizona, California, Florida, Michigan or Texas stand to receive a refund of the improper fees they paid if the class action settlement is approved.

The Comerica overdraft settlement resolves a consolidated class action lawsuit (originally Simmons v. Comerica Bank and now consolidated into multidistrict litigation known as In re: Checking Account Overdraft Litigation) that alleges Comerica posted debit card transactions in order form highest to lowest dollar amount to maximize the number of overdraft fees assessed to its customer. The class action lawsuit further claims that, instead of declining transactions when an account had insufficient funds to cover a purchase, Comerica Bank authorized the transactions and then processed them in highest to lowest dollar order, which had the effect of increasing the number of Overdraft Fees the bank charged its customers.

Comerica Bank denies the allegations but has agreed to reimburse customers through a class action settlement to resolve the litigation and expenses of going to trial.

Final Hearing

4/16/14

Claims Administrator

Epiq Systems Inc.
P.O. Box 2876, Portland, OR 97208-2876

1-877-819-8914

info@ComericaBankOverdraftSettlement.com

Class Counsel

Bruce S. Rogow, Esq.
BRUCE S. ROGOW, P.A.

Aaron S. Podhurst, Esq.
PODHURST ORSECK, P.A.

Robert C. Gilbert
GROSSMAN ROTH, P.A.

Russell W. Budd
BARON & BUDD

Defense Counsel

Kenneth C. Johnston, Esq.
KANE RUSSELL COLEMAN & LOGAN P.C

UPDATE: On June 9, 2014, U.S. District Judge James Lawrence King granted final approval to the Comerica overdraft class action settlement. If no appeals are filed, payments will be mailed to each qualifying Class Member or credited to qualifying Class Members’ Comerica bank accounts no sooner than Oct. 15, 2014.

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27 thoughts onComerica Bank Overdraft Class Action Settlement

  1. Patrick R. Hogan says:

    I received a check, but it’s a two party check. I had only put my friends name on MY account so he could withdraw money if he really needed it. He screwed up my account and I don’t know how to find him. Can I return this check and have one made out in my name only?

    Sincerly, Patrick H.

  2. Mary Doe says:

    Received my check yesterday $29., dated for 12/12/2014

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