Westamerica Bank Overdraft Fee Class Action Settlement

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.

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 Class Counsel and Westamerica’s Counsel by September 5, 2011. Instructions on how to do this can be found at www.WestamericaBankSettlement.org.