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This settlement is closed!
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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
Settlement Website
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
I was taking money for my account. And I need to know where I can claim my rights
YES I WAS WITH COMERICA bank for a while in DET. MICH. , ALSO IN HOUSTON TX. BY THE LATE 80,S ECT . …2000,S
The rest of us have been sold out by the Attorney’s. the payoff ending december 2010 is a very small portion of the financial gain of Comerica. they continued the pratice two-fold. I’ve been hit for more than $6000 dollars a month, several times. Thanks, but, No thanks to the sell out by the class action attorney’s. It renew my faith in the JOKES TOWARD LAWYERS IN GENERAL. i’VE GOT THE STATMENTS TO PROVE MY LOSSES.
THANKS FOR THE INFORMATION , YOU HAVE BEEN A GREAT DEAL OF PUBLISHING YOUR NEWSLETTER.
LARRY
I need a claims form to file . Or where to file an address would help.
Thank you please reply to my gmail, address.
This is common practice with Wells Fargo Bank also…Is there a class action against them??
Need claim form to file!!!
How do I file a claim? I had a account that was charged overdraft fees, but I have since gotten married in which my last name has changed and ive moved….The website in the above link, doesn’t have any claim forms???
Comerica Bank are the worse , This Karen Barrington had taken with out permission out of my account just when I made a direct deposit to my account and said I owe the bank this money since 2008. She waited all this time to do this to me. She left me not paying my rent of
$ 900.00for the month of Jan.2014.I am not a young women I am 82 yrs old.In 2008 I was in the hospital, she said that Comerica had got in touch with me a # of time,she s a liar I never talk with no one from Comerica about this matter. When I was with Comerica the bank charges was always something. So yes I would like some of my money back. TY Rita Walsh
I have been fighting with Comerica bank in Michigan for years and telling them what they were doing was illegal. They even paid my bills before they were schedule to be paid in order to creat overdrafts. Some time they refunded me part or all of my money. Then they told me that they were not going to make any more refunds. Then They paid a bill before the schedule date which created over $400.00 in NSF’s. They agreeded to refund two of the NSF, I called the local corporate headquartes to make a last effort before I worte a letter to the main headquarters in Texas and they refunded all of my money. Since then they have paid before due dates, but funds were in the account and no actions was taken.
I would like my money back no sounder they went out business.