By Sarah Mirando  |  August 5, 2011

Category: Closed Class Actions

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Award (how much your claim may be worth): You can receive a pro rata share of the $2 million class action settlement, which will be based on how many total overdraft fees the Class was charged.

Class Action Lawsuit Settlement Case(s):  Jannett Trevino v. Westamerica Bank, et al., Case Not. CV 1003690, Superior Court of the State of California, County of Marin

Company(ies): WESTAMERICA BANK

Westamerica Bank

Website of the Class Action Lawsuit Settlement Administrator (UPDATE YOUR INFORMATION HERE): www.WestamericaBankSettlement.org

Address to submit a claim form (NOT REQUIRED):

Class Members of the Westamerica Bank overdraft fee class action lawsuit settlement do not need to do anything to participate in the settlement; they will automatically be included in the settlement and will receive a cash award if it is approved on November 16, 2011. However, if you wish to opt out of the Westamerica Bank settlement and retain your right to sue individually, you must submit a written statement to the Class Counsel and Westamerica’s counsel by September 5, 2011. Instructions on how to exclude yourself can be found at www.WestamericaBankSettlement.org.

Phone Number to call for assistance: (888) 483-0645

Details: The Westamerica Bank settlement will resolve a class action lawsuit, entitled Trevino v. Westamerica Bank, that alleges the bank charged certain customers more overdraft fees than they would have otherwise paid because Westamerica posted their debit transactions to their accounts in “high to low” order, and not in the manner customers expected. Westamerica denies any wrongdoing, but has agreed to settle the case by providing $2 million in refunds customers who were charged unlawful overdraft fees.

Class Members of the Westamerica Bank overdraft fee class action settlement include checking account customers (not including customers with only a business account) who were assessed more than one overdraft fee for a single day’s posting activity on at least one occasion between July 1, 2006 and April 20, 2011. Under the Westamerica Bank overdraft fee settlement, Class Members will receive a cash award based on the number of individual overdraft fees they were assessed during the class period and the total number of overdraft fees the entire Class paid. The amount of money Class Members will receive cannot be determined until the settlement process has been completed.

To participate in the Westamerica Bank overdraft fee settlement, you do not need to do anything. You will automatically receive your settlement award unless you exclude yourself from the class action settlement. To exclude yourself, which allows you to retain your rights to sue individually, you must submit a written statement to the Settlement Administrator by September 5, 2011.

You can find more information on the Trevino v. Westamerica Bank Overdraft Fee Class Action Lawsuit Settlement at www.WestamericaBankSettlement.org.

Claims must be postmarked by: No claim form is necessary. Class Members will automatically receive settlement benefits, unless they exclude themselves. 

MORE DETAILS BELOW!

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Settlement Administrator(s): The Garden City Group

Class Counsel:

 

Kopelwitz Ostrow Ferguson Weiselberg Keechl
Chitwood Harley Harnes, LLP
Kabateck Brown Kellner, LLP

Defense Counsel:

Susan K. Jamison
Coblentz, Patch, Duffy & Bass LLP


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5 thoughts onWestamerica Bank Overdraft Fee Class Action Lawsuit Settlement

  1. April Akins says:

    I WAS LUCK TO FIND THIS IN THE SHREAD FILE. THE BANK WILL NOT HONOR THIS CHECK DUE TO BEING OVER 60 DAYS. PLEASE ISSUE ME ANOTHER CHECK.CLAIM #01008350 TO THE SAME ADDRESS. THANK YOU.
    I CANT BELEAVE THIS IS ALL BEING RETURNED AFTER ALL THE HUNDREDS THEY TOOK FROM US…..?????

    1. Valerie Mazon says:

      Did you ever get another check issued I found one after4 years later

  2. April Akins says:

    i RECIEVED A CHECK DATED 2/17/2012 FOR $14.31. AND JUST FOUND IT IN A STACK OF PAPERS. IT LOOKED LIKE JUNK MAIL. THE BANK WILL NOW NOT CASH IT. PLEASE SUBMIT ANOTHER CHECK TO SAME ADDRESS. CLAIM 01008350. IS THIS REALY ALL WE GOT FROM THE HUNDREDS OF $ THE TOOK FROM US…../????????

  3. Lisa Villasenor says:

    I also banked with westamerica bank, What about purchasing gas with a debit card but I found out later if the transaction was made on a weekend they only took $1 out no matter how much gas you bought. But wouldnt reflect this when checking on a balance. so naturally you would be under false impression that there was more money. Then come Monday Morning all the debits would be taken care off first Thing. Then any money I had deposited on friday would later be added or in this case subtracted. There was on a few of occasions That I would deposit my pay check and still owe the bank money. And When I questioned the way my money was being abused. They would refuse to reverse the charges or make any of it right. I also think the bank needs to return all my fees. I now bank with Wells Fargo and so far always walk away a very happy customer,

  4. Anonymous says:

    I bank with westamerica bank and in march of 2012 they kept letting me use my atm card without funds in the account I thought that I had money in there but I disdn’t so without stopping the card they kept letting me charge so then I had all these over drafts charges of over 420.00 plus I had to pay the money back within 2 months so it made me late in my rent and other bills I know that they had a lawsuit against them once for overdrafts fees but what can I do because they kept letting me charge without any phone calls either end my er I am stressing so much right now because everything is behind I try to work more but I also have health issues this sucks so bad because I also take care of my brother who is disable I believe that the bank is too blame and they should pay me back the overdraft fees and stressing fees sometimes I feel like what is the use of trying I just feel like giving up because the more you try the harder it gets so please let me know if you can help me thank you.

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