This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE: The Earnin App Class Action Settlement was granted final approval on March 25, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Earnin app owner Activehours has agreed to a $3 million settlement to resolve claims some app users were subjected to third-party overdraft or insufficient funds event fees following an Earnin withdrawal.
The settlement Class includes all consumers who incurred an insufficient funds or overdraft fee the bank attributed to an Earnin app withdrawal between Sept. 3, 2015, and May 28, 2020.
Plaintiffs in the class action lawsuit claimed the Earnin app’s marketing didn’t adequately represent customers’ risk of being charged these third-party fees while using the app.
In addition to monetary relief, Activehours also has agreed to invite settlement Class Members with accounts that have been temporarily suspended due to nonpayment of cashouts to use Earnin Express until a total of $9.5 million is forgiven among them.
The Earnin app allows users to “access up to $100 per day” before payday from pay they have already earned “without hidden fees or interest,” according to the app website.
Earnin app users connect their bank account and add their employment information and earnings to the app.
The website says the app does not charge fees or interest.
The Earnin app has been downloaded more than 1 million times and has about 375,000 active users weekly, according to Tech Crunch.
The plaintiffs said when they signed up for Earnin, they believed the app would use their sensitive banking information to make repayments only when they had sufficient funds in their accounts.
They claim the company’s marketing led them to believe no Earnin transfers would be made if their accounts did not have sufficient funds to cover the transaction.
However, they contended, Earnin withdraws funds even if it knows there are insufficient funds in users’ accounts, meaning Earnin app users are regularly charged overdraft and nonsufficient funds fees.
The plaintiffs also claimed Earnin transactions can cause multiple fees to be charged in one day because the app makes multiple separate withdrawals instead of just one.
“No reasonable consumer would use a service that results in such high fees for short, small cash advances, or pay tips to Earnin for doing so, if the true risks of using the Earnin service had been fairly disclosed rather than affirmatively misrepresented,” the complaint said.
Afterhours has denied any wrongdoing or violation of law.
No claim form is needed to benefit from the Earnin app settlement.
The deadline to opt out of or object to the settlement was Jan. 29, 2021.
A final approval hearing is scheduled for March 25, 2021.
Who’s Eligible
All consumers who incurred an insufficient funds or overdraft fee the bank attributed to an Earnin app withdrawal between Sept. 3, 2015, and May 28, 2020.
Potential Award
Varies.
- Class Members will receive a pro rata portion of the settlement fund. The amount will be determined by dividing the net settlement fund by the total number of overdraft transactions, then multiplying that number by the total number of overdraft transactions per Class Member, based on Earnin’s business records.
Proof of Purchase
N/A
Earnin’s business records will be used to determine who is in the Class.
Claim Form
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
N/A
Case Name
Mary Perks, et al. v. Activehours Inc. d/b/a/ Earnin, Case No. 5:19-cv-05543-BLF in the U.S. District Court for the Northern District of California
Final Hearing
03/25/2021
Settlement Website
Claims Administrator
Perks v. Activehours d/b/a Earnin Settlement Administrator
P.O. Box 43434
Providence, RI 02940-3434
1-855-786-0901
[email protected]
Class Counsel
Jeffrey Kaliel
Sophia Goren Gold
KALIEL PLLC
Lynn A. Toops
Lisa M. La Fornara
COHEN & MALAD LLP
Alison E. Chase
Matthew J. Preusch
Christopher L. Springer
KELLER ROHRBACK LLP
Defense Counsel
Thomas P. Brown
PAUL HASTINGS LLP
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38 thoughts onEarnin App Users to Benefit from $3M Settlement
Want added to this please
I just got my payment. What a joke. $5.31 cents yesterday from the settlement. SMH
I got $2.65 as of 11/23/2021. They are liers and this definitely was a major fraud. The basically ran off with the money after promising $2500
Its been months and still no payment. I think this is fraudulent and I will be filing a complaint.
Still nothing! Same old generic answer???
Well the file a claim
Link has been disabled maybe ? payments will be out soon?
I email them. Basically stated they don’t have a distribution time frame. So here we go again
Ok it’s been a while what’s up with the payment?? Will not return emails
I was told sometime in September is the last time to file a claim but. They’re not giving us an actual date as to when we’re getting our money back. It’s annoying
Not me
Anyone got paid?
Not me