Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
27 thoughts onComerica Bank Overdraft Class Action Settlement
Just wanted to let everyone know that I just received my settlement money (on 12/12/14) It was deposited into my Comerica account. I had no idea how much I would get but I got a LOT more than I was expecting so I’m pretty happy. It was a nice surprise! Good luck to everyone else who is owed something…the payouts have started it seems!
Carolyn, do you feel like you refunded more than you were charged in overdrafts?
I really dont know. It was a while ago that I had the issues with the overdraft fees but I had a lot of them. I was not keeping track and it’s been too long for me to remember.. It is probably a pretty accurate refund I just wasnt expecting to get it all back. It’s rare that you get refunded what you are actually owed in something like this.
I see that some people got less than $10 which is more along the lines of what I was expecting which is a joke because it doesnt even cover 1 fee. I have no clue how they calculated the refunds.
Anyone get anything yet? Still waiting.
The settlement website sucks. No information as to when the checks will be paid. Just no sooner than Nov 24th. That could mean a year from now. I doubt anyone has received anything yet. Comerica will stall this as long as they can to hold onto they’re money. However, I bet the lawyers have seen their money.
I have not received anything yet either. The new date was not before November 24th for reimbursements but I have no idea how long after Nov 24th we have to wait. I still have a comerica checking account so I should just be reimbursed directly into my account since I am also a victim of this but we shall see. I had numerous overdraft fees because of this issue a few years back so I will be curious to see if i actually get reimbursed all of the money or just like $5 which doesnt even cover one fee. I’m not holding my breath.
My son got a little check of $7.29 today Dec 15, 2014 of there millions of dollars what a joke
Boy I thought they did me bad I did get $78.31 .I sure would like to know there way of calculation of this payout . Some one got rich at out expense.
Has anyone received any money from the settlement yet? I know I had quite a few overdrafts as a result of high-low posting and I haven’t received anything yet..
They did this to me today! I told them there is a class action and corporate said they didn’t care they held a large cash deposit of mine for 72 hours long enough to cause 4 overdrafts and said they would not reverse them and to take my business elsewhere. I have been at Comercial for 30 years!!!!!! Who do I call?
no have not received a dime , did someone call you and check to your address ect./
Just wanted to know if anyone has gotten anything from this yet..It’s Nov11, and I have not gotten a dime ..it said checks were being mailed out in OCT..
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.
I want to know why the court date was postponed indefinitely. Does anyone know?