United Federal Credit Union Overdraft Fees Class Action Settlement

A $1.75 million settlement has been reached to resolve claims that United Federal Credit Union charged deceptive overdraft fees.

UFCU members who opted into overdraft protection and were charged an overdraft fee on an ATM or debit card transaction on a non-business account between Aug. 15, 2010 and Sept. 30, 2018, may benefit from this settlement.

In addition, UFCU members who received an overdraft fee on a non-business account between Oct. 3, 2011 and Sept. 30, 2018 when, at the time the transaction was posted to the member’s account, the ledger balance was equal to or greater than the transaction causing the overdraft, will also benefit from this settlement.

United Federal Credit Union allegedly charged their members overdraft fees in deceptive ways that were in violation of account disclosures.

Plaintiff Tonya Gunter says she was charged eight overdraft fees of $30 each on July 23, 2015, when her account had sufficient funds to cover her transactions for that day.

Gunter claims that “the practice of charging overdraft fees even when there are sufficient money/funds in the account is inconsistent with how UFCU describes the circumstances of when it assesses overdraft fees in other customer materials.”

United Federal Credit Union has denied any wrongdoing and maintains that their overdraft fee practices are legal and align with account disclosures.

“UFCU maintains that this practice is proper and was disclosed to its members, and therefore denies that its practices give rise to claims for damages by the Named Plaintiff or any Class Member,” the settlement website states. “UFCU also alleges that it properly gave notice and opted members into its overdraft program for ATM and debit card transactions.”

Those who file a valid Claim Form will be able to receive compensation for up to 10 overdraft fees that were charged deceptively. Specific information is available on the Claim Form regarding which fees are eligible for reimbursement.

Class Members have been sent Claim Forms to fill out and return. If you believe you are eligible for this settlement but did not receive a Claim Form, contact the settlement administrator to see if you are eligible at 1-866-464-4564.

The exclusion deadline for the settlement is April 1, 2019. The objection deadline for the settlement is April 20, 2019. The final approval hearing has been scheduled for June 3, 2019.

Who’s Eligible

Regulation E Class: UFCU members who opted into overdraft protection, whose accounts were on the Miser System, and who were charged an overdraft fee on an ATM or debit card transaction on a non-business account between Aug. 15, 2010 and Sept. 30, 2018.

Sufficient Funds Class: UFCU members whose accounts were on the Miser System and who received an overdraft fee on a non-business account between Oct. 3, 2011 and Sept. 30, 2018 when, at the time the transaction was posted to the member’s account, the ledger balance was equal to or greater than the transaction causing the overdraft.

Potential Award

Reimbursement for up to 10 overdraft fees.

Proof of Purchase

N/A

FAQs

FREQUENTLY ASKED QUESTIONS »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

4/1/2019

Case Name

Gunter v. United Federal Credit Union, Case No. 3:15-cv-00483, in the U.S. District Court for the District of Nevada

Final Hearing

6/3/2019

Settlement Website

www.OverdraftFeesSettlement.com

Claims Administrator

Gunter v. United Federal Credit Union Claims Administrator
c/o KCC Class Action Services LLC
P.O. Box 404000
Louisville, KY 40233-4000
1-866-464-4564

Class Counsel

Richard D. McCune
MCCUNE WRIGHT AREVALO LLP

Taras Kick
THE KICK LAW FIRM APC

Defense Counsel

James A. Kohl
Robert W. Hernquist
Stephen P. Dunn
Brandon J. Wilson
HOWARD & HOWARD ATTORNEYS PLLC

If you were charged unfair overdraft fees by your bank or credit union, you could be eligible to participate in a FREE class action lawsuit investigation. If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

Fill out the form on this page now for a free, immediate, and confidential case evaluation.

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