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Associated Bank Reaches Overdraft Fee Class Action Settlement

By Matt O’Donnell

 

Associated Bank
UPDATE 2: Payments in the Associated Bank overdraft settlement will go out October 9, 2013.
 
 
Associated Bank is the latest bank to reach a class action lawsuit settlement over charges it manipulated customers’ debit card transactions and checking account deposits so it could deplete their accounts and trigger overdraft fees. 
 
According to the Associated Bank overdraft fee class action lawsuit, Associated Bank charged debit card users an overdraft fee of $37, regardless of the amount of the overdraft, and chose not to decline the transaction that would trigger the overdraft or inform customers that they were short of funds. The bank is also accused of failing to adequately disclose to its customers that they could opt out of overdraft protection.
 
Associated Bank is one of more than 30 banks accused in the multi-jurisdicational class action lawsuit, later consolidated in Florida federal court, of the overdraft fee violations. The case is In Re: Checking Account Overdraft Litigation.
 
Associated Bank agreed to pay $13 million to settle its part in the bank overdraft fee class action litigation. Several other major banks, including Union Bank and Bank of America, have also reached class action settlements.
 
The Associated Bank overdraft fee class action settlement still needs final court approval before it becomes effective.
 
The case is In Re: Checking Account Overdraft Litigation, Case No. 09-cv-02036, U.S. District Court, Southern District of Florida.

 

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66 Comments

  • Anonymous December 20, 2011

    That is good news. Where do I get my money?

  • janice ponzer December 30, 2012

    when do we know when we get our money

  • tommy thomas January 1, 2013

    4032 N 41st Street Milwaukee, Wi 53216 is my address

  • Chris January 7, 2013

    I was told four times that I couldn’t opt-out of overdraft protection. It took over a month to finally have them remove it

  • Jen January 11, 2013

    Does anyone know the 1-800 number to call for this? I got a letter in the mail about this from a lawyers office, and it had an 800 number to call and I can’t find the letter now!!!

  • joe gonzalez January 11, 2013

    1800 288-2393 move fast everyone this is the number….

  • cheyenne January 16, 2013

    you get a letter in the mail, then wait for your check. I don’t think you have to call the 800 #. I did and it was just an informative #. you don’t speak to an operator, it doesn’t give you the option to talk on either.

  • MGM January 17, 2013

    This bank is criminal- cost me so much money.
    They paid the biggest item first and then over drafted a $37 fee on at least half a dozen of the other items to clear.
    I called them out on it several times and closed my account.
    I do not know how they are still in business.

  • tiffany sowle January 21, 2013

    I just my account with associated bank because of money taking out at the wrong time and overdraft fees and bounce check fees. Can I have that 1800 number plz.

  • tiffany sowle January 21, 2013

    Joe I just called that number and it is no longer in service.

  • paul woods January 25, 2013

    i receive this card too about the lawsuit and yes im a victim of that bank i call that 1800 number, but its not saying anything, and i need to know who and what i need to do. so if anyone are also in this situation, and is or are a victim of this bank, please let me know my number is 872-203-9372, thankyou

  • Karla January 28, 2013

    I also recieved the card along with several friends and family members. There is nothing you have to do. No calls to make. If you recieved the card it states right on the card you are part of the Class Action Law Suite. Its going to be finalized in March then we will get a check. The money will be divided according to the number of people who got the checks and the amounts that were taken in over drafts.

  • Christine January 28, 2013

    i was charged quite a bit over the last few years because of this problem… i know i should receive a good amount back. How and when do we get our money?

  • Christine January 28, 2013

    how and when do we get the money?

  • sheana February 21, 2013

    What can I do to be included in this? Is it automatically done?

  • George March 2, 2013

    all good things come to those who wait

  • amber March 12, 2013

    i was screwed by this problem for over 2.5 years!! i finnally decided to change banks! im glad they have to pay us back! it was a big ass hassel!! i no the case is set for 3-13-2013 so when do we hear back from it?

  • sherry March 29, 2013

    what do you mean a card i got a letter saying i was part of the settlement…is that what you mean…and do we have to do anything ..what does opt mean ..thanks

  • terri April 11, 2013

    Any word on when we’re getting our money. its April 11th now.

  • terri April 11, 2013

    Any word when our money is coming

  • mad mike April 15, 2013

    Where my money!!?? I also had this same problem and I know you all are reading this say the same thing. So, WHERE THE MONEY AT?!

  • mad mike April 17, 2013

    It appears that the Final Approval Hearing is this Friday the 19th. Shortly after we should be recieving credit to our accounts or in the form of chekc for payment. Lawyers are taking 4.29 Million of the settlement. The other 8.58 Million will be put tword the initial complaint filers and to us. My question is how many people are involved in this? if 25,000 people are to recieve money we will only get about $300 or probably less. I know ive paid more in overdraft fees than that amount. I hope not everyone is an overdraft bandit.

  • Heather April 22, 2013

    Where is are settlement at

  • RKay May 8, 2013

    Is there any word on if this has actually been settled or has it been postponed again?

  • tammy May 16, 2013

    Don’t get to excited about the amount. You will probably get a check for $1.96. That is the usually check amount from settlements.

  • Wendy May 17, 2013

    Now does anybody know for sure if April 19th was the final hearing? Now it’s May 17th and nothing. Did we get a credit yet? I am going to call Associated Bank and see if I got a credit yet.

  • Jackie May 24, 2013

    Does anyone know were I can find more information on what is going on with the case? Its almost June 2013 and have not heard or seen anything concerning this lawsuit!

  • Wendy May 28, 2013

    The doorknobs at Associated Bank couldn’t even state if I got a credit to my account. I know that I didn’t pay all of the NSF fees because my girlfriend said that it was illegal what they were pulling. It could be taking longer if Associated Bank is appealing the judge’s decision, but I highly doubt it. They already agreed to pay the $13 million.

  • JR June 5, 2013

    We actually received a letter in the mail that said it would be between 4 – 8 weeks to receive either a check, if your account was closed, or a credit to your account if still open.
    It has now been 10 weeks since we received that letter. Another Lawsuit in the making??????

  • Pennie June 6, 2013

    it is now June 7,2013…does anyone have any idea what is going on w/this settlement…I still have an acct w/Associated bank but it’s not the same acct that was overdrafted…also I have moved recently and it says in the info if we move to notify the settlement administrator…I have gone all over the documents and can’t fine who to contact…I have changed my address w/my acct…will that be enough…I also called the 800# that was listed above..but it is no longer in use……Somebody anybody have any info….

  • Ron Krause June 10, 2013

    I had emailed one of the attorneys representing us and he replied One part of the case was rejected by the judge, as I understand it, he wanted better writing on what happens to the funds that go uncollected. As of this point after a second email I was told they are waiting on the judge to sent a new date. I had requested the website be updated…

  • Ron Krause June 10, 2013

    As I understand the settlement, Associtated Bank agree to about 50% of the total claim, which is the 12 million and about 33% goes to the attorneys. So, if I have done my math right the eight million that will be divided to us will be about 33% of what you paid for the overdraft charges…. So, if you paid 1000.00 over this period, I think you will get close to 333.00

  • amber jackson June 14, 2013

    so i reread the lawsuit info AGAIN!! and it states they had a dissagreement in he language of the suit in section 89 which was amended on may 18 2013. i dont no if there r ne other issues pending but i think this is what has been setting the payments off. i dont no now where the payments r or when u will get them but for those of u who got the letter stating the last court was in march u also have to wait for stupid shit like this! hopfully this is the last of the problems since both sides agreed to the rest of the lawsuit. hopfullly we will all see payment soon.

  • Lucy June 14, 2013

    Has anyone contacted any of the lawyers on this case. Last I heard on 6/4/13 was “the order has not yet been entered. The order will be entered any day. However, know that the court is very backlogged”

  • Wendy June 18, 2013

    Ron you are incorrect. If someone paid our $1000 then they will receive $1000. Look up Bank of America. Those people got $33 per NSF fee instead of $37 only because the bank appealed. Something like that. Associated Bank already agreed to pay out they are just playing their stupid little games that’s all.

  • Rkay July 2, 2013

    Looks like this is still pending court approval. I emailed one of the attorneys and possible late in July for settlement

  • Lucy July 23, 2013

    “Good New, the court has set a brief hearing for Aug.1st where we will finally obtain the Final Approval Order”

  • Bonnie July 31, 2013

    Final final approval hearing is Aug 1, that is what I got when I talked to atty in Florida 2 weeks ago. She said lots of very fine points. Should have money end Oct, she did not specify which year though.

  • Bonnie July 31, 2013

    Final final approval hearing is Aug 1, that is what I got when I talked to atty in Florida 2 weeks ago. She said lots of very fine points. Should have money end Oct, she did not specify which year though.

  • Bonnie July 31, 2013

    Final final approval hearing is Aug 1, that is what I got when I talked to atty in Florida 2 weeks ago. She said lots of very fine points. Should have money end Oct, she did not specify which year though.

  • Heather September 3, 2013

    When do we the people get are settlement money.how do we know?

  • jim September 6, 2013

    October 4th is the anticipated date.

  • Deb September 24, 2013

    Is there a listing of those who will be receiving a check?

  • Wendy September 29, 2013

    I read that in the Bank of America class action lawsuit that the customers got a 1 week notice of how much money they were getting

  • Paul Perry October 4, 2013

    Ok, where is our money?

  • Rosie Larson October 4, 2013

    It’s October 4th. Haven’t received anything in my account yet! Anybody receive any money?

  • Becky October 4, 2013

    No money yet – any news on when?

  • Heather October 4, 2013

    Nothing in my account either. This was under their faqs on the settlement website: “Only a small percentage of all Overdraft Fees that were charged by Associated were affected by high to low posting. So, not every Overdraft Fee that was charged is eligible for payment under this Settlement.” Reading that makes me wonder now if we will even get anything. Unless I am misunderstanding it?

  • Paul October 5, 2013

    If you were included in the lawsuit you would have gotten a notice in the mail. I got the notice but no money as yet.

  • Beverly October 5, 2013

    Has anyone gotten their money yet???

  • Heather October 5, 2013

    Nope. No money today either.

  • jen vo October 6, 2013

    how can we find out IF we will get a payment? Why is this so difficult to get any information? The information is very vague.

  • Becky October 7, 2013

    FYI – I emailed one of the attorneys listed on the website and received this prompt response

    Rebecca,

    Thank you for your email. Eligible class members will receive their account credits on October 9th. Sorry for the slight delay. Thanks.

    Regards,

    Jason H. Alperstein, Esq.

    KOPELOWITZ OSTROW

    FERGUSON WEISELBERG KEECHL

    200 S.W. 1st Avenue, 12th Floor

    Fort Lauderdale, Florida 33301

    Telephone: (954) 525-4100

    Facsimile: (954) 525-4300

    E-mail: alperstein@kolawyers.com

    Website: http://www.KOlawyers.com

    Admitted in Florida and New York

  • Rkay October 9, 2013

    hmmm no payment yet this morning to my account–has anyone received a payment?

  • Jeff October 9, 2013

    Nothing

  • Jim October 9, 2013

    Well I got 2 different deposits totaling just over $250

  • RKay October 9, 2013

    Checks are being mailed from Portland OR and go out tomorrow.

  • JH October 10, 2013

    A whopping $30.56 was credited to my account.

  • justin October 10, 2013

    2 deposits totalling $55. Nothing near overdraft fees that were incurred.

  • Tricia October 11, 2013

    How do we get a check if we no longer bank with them? I know I have an old address with them. They say to contact the system administrator. ????

  • Rkay October 11, 2013

    Tricia I emailed one of the attorneys asking about who to contact regarding address change and he just took the information and said he would forward it.

  • nathaniel malwitz October 15, 2013

    hi this is nathaniel malwitz an i had a huge overdraft settlement thru associated bank. i was wondering when the check or the money was gonna get back to me. Thanks

  • Jeff October 15, 2013

    Got a check today!!! $10.04 ….so ridiculous it’s hard not to laugh about.

  • RKAY October 21, 2013

    Has anyone received mail check?

  • Rkay October 23, 2013

    800-574-8396 Here is a number to check to see if you were owed a check. I never received one–so I kept emailing the lawyers. Finally found out they tried to deposit to my account-which I had closed a couple months ago.

  • Janice October 27, 2013

    Dose anybody know how to get in touch with attorneys that are issuing these check I did receive a post card have not moved and did not opt out I need information please help.

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