Frequently Asked Questions
  1. ABOUT THESE FAQS
  2. WHAT IS THE STATUS OF MY PAYMENT?
  3. WHY DID I RECEIVE A CHECK OR CREDIT?
  4. WHY DIDN’T I RECEIVE A CHECK OR CREDIT?
  5. HOW WAS MY PAYMENT CALCULATED?
  6. CAN I DISPUTE MY AWARD OR RECEIVE MORE MONEY?
  7. HOW DO I DEPOSIT MY CHECK THAT SAYS ‘FOR DEPOSIT ONLY’?
  8. HOW CAN I RECEIVE A NEW CHECK IF I LOST MINE?
  9. HOW CAN I HAVE MY CHECK REISSUED UNDER A NEW NAME (E.G. LAST NAME CHANGE)?
  10. WHEN WILL MY CHECK BE REISSUED?
  11. CAN YOU UPDATE MY ADDRESS AND RE-MAIL MY CHECK?
  12. WHAT DO I DO IF THE PERSON ON THE CHECK IS DECEASED?
  13. WHAT DO I DO IF THE PERSON ON THE CHECK IS NOW UNDER GUARDIANSHIP/GAVE ME POWER OF ATTORNEY?
  1. CAN I REQUEST A CHECK INSTEAD OF AN ACCOUNT CREDIT?
  2. WHAT IS THIS LAWSUIT ABOUT?
  3. WHY IS THERE A SETTLEMENT?
  4. WHO IS IN THE CLASS?
  5. WHAT IS AN OVERDRAFT FEE?
  6. WHAT ARE THE SETTLEMENT BENEFITS?
  7. HOW WERE THE AMOUNTS OF PAYMENTS OR ACCOUNT CREDITS DETERMINED?
  8. WHAT AM I GIVING UP TO GET A PAYMENT?
  9. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
  10. DO I HAVE A LAWYER IN THIS CASE?
  11. HOW WILL THE LAWYERS BE PAID?
  12. HOW DO I TELL THE COURT IF I DON’T LIKE THE SETTLEMENT?
  13. THE COURT’S FAIRNESS HEARING

PAYMENT INFORMATION

  1. ABOUT THESE FAQS

    These FAQs (answers to frequently asked questions) summarize the lawsuits, the Settlement, your legal rights, the benefits available, who is eligible for those benefits, and how to get them. For a more detailed and precise explanation of your legal rights and options, you can review the Settlement Agreement posted on the Settlement Website.

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  2. WHAT IS THE STATUS OF MY PAYMENT?

    Eligible Settlement Class Members who have open Accounts at Associated Bank and are entitled to Settlement payments will receive them by account credit on October 9, 2013.

    Eligible Settlement Class Members who no longer have Accounts with Associated Bank and are entitled to Settlement payments will receive them by check. Check mailing occurred on October 9, 2013. Please be patient in waiting for your check to arrive.

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  3. WHY DID I RECEIVE A CHECK OR CREDIT?

    Pursuant to the terms of the Settlement, Settlement Class Counsel and their experts determined that you were an eligible Settlement Class Member who previously incurred eligible Overdraft Fees (see Question 17).

    If your Associated Bank Account is currently open, you received an account credit on October 9, 2013. If your Associated Bank Account has been closed, a check was mailed to you. The account credit or check you receive represents your portion of the Settlement.

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  4. WHY DIDN'T I RECEIVE A CHECK OR CREDIT?

    If you received postcard notice but did not receive a check, then you are not eligible for a payment under the Settlement because your Account was closed with a negative balance and the amount of the payment that would otherwise be provided for under the Settlement was insufficient to make the balance in that closed Account positive.

    If you have an open Associated Bank Account, please make sure to double check your account statement and/or online banking for a credit that may have been applied by Associated Bank on October 9, 2013.

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  5. HOW WAS MY PAYMENT CALCULATED?

    Award calculations were done separately for each individual Settlement Class Member using that class member’s own Account and Overdraft Fee history and applying the formula set forth in the Court-approved Settlement Agreement. Not every Overdraft Fee that was charged is eligible for payment under this Settlement; in general, only those Overdraft Fees that would not have been assessed but for the high to low posting order were eligible for compensation under the Settlement. Only a small percentage of all Overdraft Fees charged to Associated Bank (see Question 20) customers were affected by high to low posting. And, of the Overdraft Fees that were eligible, only a portion or a percentage of those fees is payable to each Settlement Class Member as their pro rata share of the Net Settlement Fund.

    The Settlement Agreement is available here and describes, in detail, the calculation and allocation of Settlement Funds.

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  6. CAN I DISPUTE MY AWARD OR RECEIVE MORE MONEY?

    No. The deadline to object to the Settlement was February 18, 2013. The Court approved the Settlement on August 2, 2013 (see Question 26).

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  7. HOW DO I DEPOSIT MY CHECK THAT SAYS “FOR DEPOSIT ONLY”?

    If your Settlement check is for $100.00 or more, it has a “for deposit only” restriction as a fraud prevention measure. If you are unable to deposit the Settlement check into your bank account and/or unable to cash the check at another bank or check cashing agency, you may request that a replacement check be issued to you without the ‘For deposit only’ restriction.

    To request a replacement check, please return the original check to the Settlement Administrator at Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208- 4259, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include an instruction that the replacement check be issued to you without the ‘For deposit only’ restriction.

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  8. HOW CAN I RECEIVE A NEW CHECK IF I LOST MINE?

    If you have lost the Settlement check, you may request that a replacement check be issued and mailed to you. To request a replacement check, you must submit a signed written request to the Settlement Administrator at Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208-4259, asking that a replacement check be issued and mailed to you. The replacement check will be issued and mailed to you.

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  9. WHAT AM I GIVING UP TO GET A PAYMENT?

    First, please go to your financial institution in which you are a current account holder as they may cash the check if the documentation regarding the status of your name change is presented.

    If your bank will not cash or deposit your check, please return the original check to the Settlement Administrator at Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208-4259, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

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  10. WHEN WILL MY CHECK BE REISSUED?

    The check will be reissued within 3 to 4 weeks after the Administrator receives the written request and any required supporting documents.

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  11. CAN YOU UPDATE MY ADDRESS AND RE-MAIL MY CHECK?

    Yes. Please send a letter requesting a reissuance of your check which includes your former and current mailing addresses to Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208-4259.

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  12. WHAT DO I DO IF THE PERSON ON THE CHECK IS DECEASED?

    First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

    If your Settlement check is for $100.00 or greater and your bank will not cash the check, please return the original check to the Settlement Administrator, along with a letter of instruction, proof of beneficiary/executor and proof of death of the person named on the check (i.e., copy of death certificate).

    If your Settlement check is for an amount less than $100.00 and your bank will not cash the check, please return the original check to the Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208-4259, along with a request form, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member.

    Please click here to download the request form you must complete, sign and return. Please send the original check, written reissue request and any supporting documentation to Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208- 4259

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  13. WHAT DO I DO IF THE PERSON ON THE CHECK IS NOW UNDER GUARDIANSHIP/GAVE ME POWER OF ATTORNEY?

    First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the claimant and your status as the guardian/power of attorney is presented.

    If your Settlement check is for $100.00 or greater and your bank will not cash the check, please return the original check to the Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208-4259, along with a letter of instruction and proof of guardianship or power of attorney.

    If your check is for an amount less than $100.00 and your bank will not cash the check, please return the original check to the Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208- 4259, along with a form, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the class member. Please click here to download a copy of the form you must return.

    Please send the original check, written reissue request and any supporting documentation to Associated Bank Overdraft Settlement, PO Box 4259, Portland, OR 97208- 4259.

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  14. CAN I REQUEST A CHECK INSTEAD OF AN ACCOUNT CREDIT?

    No. The Settlement Agreement specifies what categories of Settlement Class Members received an account credit or a mailed check. In general, Settlement Class Members who no longer have an Account received a mailed check, and Settlement Class Members who currently have an Account received an account credit.

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GENERAL INFORMATION

  1. WHAT IS THIS LAWSUIT ABOUT?

    The lawsuit concerns whether Associated posted Debit Card Transactions in order from highest to lowest dollar amount, increasing the number of Overdraft Fees assessed to its customers. The lawsuit claims that, instead of declining Debit Card Transactions when an Account had insufficient funds to cover transactions, Associated 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.

    The complaint in the lawsuit is posted on this website and contains all of the allegations and claims asserted against Associated. Associated denies the claims in the lawsuit and maintains there was nothing wrong about the posting order used.

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  2. WHY IS THERE A SETTLEMENT?

    The Court has not decided in favor of the Plaintiffs or Associated. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and Settlement Class Members who do not opt out of the Settlement receive the benefits described on this website. The proposed Settlement does not mean that any law was broken or that Associated did anything wrong. Associated denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

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  3. WHO IS IN THE CLASS?

    You are a member of the Settlement Class if you:

    • Had an Associated consumer deposit Account that was opened anywhere other than in Illinois and accessible with an Associated Debit Card between January 1, 2004 through July 26, 2012; or
    • Had an Associated consumer deposit Account that was opened in Illinois and accessible with an Associated Debit Card between April 2, 2000 and July 26, 2012; and
    • Were charged one or more Overdraft Fees as a result of Associated’s practice of posting Debit Card Transactions from highest to lowest dollar amount.

    To be included in the Settlement Class, you must have had one or more Overdraft Fees caused by Debit Card transactions posted high to low by dollar amount in your Account on a single day during the time periods listed above.

    If you received notice of the Settlement by a postcard addressed to you, then you are a Settlement Class Member.

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  4. WHAT IS AN OVERDRAFT FEE?

    An overdraft fee is any fee assessed to an Account when paying an item at a time when the Account has insufficient funds to cover the item. Fees charged to transfer balances from other accounts are excluded.

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  5. WHAT ARE THE SETTLEMENT BENEFITS?

    The Settlement provides benefits to Settlement Class Members who did not opt out of the Settlement. Associated has paid $13,000,000.00 to create a Settlement Fund to make payments to Settlement Class Members who did not opt out of the Settlement, as well as to pay for attorneys’ fees, costs, and expenses, and Service Awards to the 4 Plaintiffs who initiated the lawsuit (see Question 24). Since the filing of the class action lawsuit, Associated has changed its posting order for Debit Card Transactions such that it no longer posts from highest to lowest dollar amount. In addition to the establishment of the $13.0 million Settlement Fund, Associated has also agreed that that for a period of three (3) years from the date of Final Approval (anticipated to be August 1, 2013), it shall not: (a) change its current posting order; (b) charge more than four (4) Overdraft Fees per Account on any single day; and (c) charge more than $35 dollars per overdraft transaction.

    Details on all of the settlement benefits are in the Settlement Agreement, which is available on the Home Page of this website.

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  6. HOW WERE THE AMOUNT OF THE PAYMENTS OR ACCOUNT CREDITS DETERMINED?

    Any payment or Account credit you are eligible to receive will be based on the number of Overdraft Fees charged to your Associated consumer deposit Account as a result of posting Debit Card transactions high to low between January 1, 2004 through July 26, 2012, for those customers who had Accounts outside of Illinois, or between April 2, 2000 and July 26, 2012, for those customers who had Accounts in Illinois, and the amount of Settlement Class Members who do not opt out of the Settlement. It is not possible to know at this point how much of a payment any individual Settlement Class Member (who does not opt out of the Settlement) will receive from the Settlement. 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.

    Settlement Class Members who are current Account holders of Associated Bank will receive their individual payment by a credit to their Account while eligible Settlement Class Members who are past Account holders of Associated Bank and entitled to a payment will receive their individual payment by mailed check.

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  7. WHAT AM I GIVING UP TO GET A PAYMENT?

    Unless you excluded yourself from the Settlement, you cannot sue or be part of any other lawsuit against Associated about the issues in this case. Unless you excluded yourself, all of the decisions by the Court will bind you. The Settlement Agreement is available here and describes the claims that you give up by remaining in the Settlement.

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  8. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

    It is no longer possible to exclude yourself from the Settlement. All timely exclusion requests must have been submitted no later than February 18, 2013.

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  9. DO I HAVE A LAWYER IN THIS CASE?

    The Court has appointed a number of lawyers as “Class Counsel” to represent all Settlement Class Members. They include:

    Jeffrey M. Ostrow, Esq.
    KOPELOWITZ OSTROW P.A.
    200 SW 1st Avenue, Suite 1200
    Fort Lauderdale, FL 33301

    Robert C. Gilbert, Esq.
    GROSSMAN ROTH, P.A.
    2525 Ponce de Leon Boulevard
    11th Floor
    Coral Gables, FL 33134

    You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  10. HOW WILL THE LAWYERS BE PAID?

    Class Counsel requested thirty three percent (33%) of the $13 million Settlement Fund for attorneys’ fees, plus reimbursement of the costs and expenses of prosecuting the class action. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. For the Court’s decision, see Question 26.

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  11. HOW DO I TELL THE COURT IF I DON’T LIKE THE SETTLEMENT?

    It is no longer possible to object to the Settlement. All timely objections must have been submitted no later than February 18, 2013.

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  12. THE COURT’S FAIRNESS HEARING

    The Court held a Final Approval Hearing on August 1, 2013 at 1:00 p.m., at the United States District Court for Southern District of Florida, Miami Division, located at James Lawrence King Federal Justice Building, 99 Northeast Fourth Street, 11th Floor, Courtroom 2, Miami, FL 33132. At this hearing the Court considered whether the Settlement was fair, reasonable, and adequate. The Court also considered the request by Class Counsel for attorneys’ fees and expenses. After the hearing, the Court approved the Settlement, awarded Class Counsel attorneys’ fees representing 30% of the Settlement Fund plus certain expenses, and awarded the Service Awards to the Class Representatives.

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