Susan Roy v. ESL Federal Credit Union

Case No. 6:19-cv-06122

United States District Court for the Western District of New York

IF YOU HAVE OR HAD A CHECKING ACCOUNT WITH ESL FEDERAL CREDIT UNION (“DEFENDANT”) AND YOU WERE CHARGED CERTAIN OVERDRAFT FEES OR RETURNED ITEM FEES BETWEEN JANUARY 1, 2016 TO OCTOBER 31, 2019, THEN YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT

NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT

READ THE Notice FULLY AND CAREFULLY; THE PROPOSED SETTLEMENT MAY AFFECT YOUR RIGHTS!

PARA VER EL AVISO EN ESPANOL HAGA CLIC AQUI.

The United States District Court for the Western District of New York has authorized the Notice; it is not a solicitation from a lawyer.

Important Dates

April 24, 2022 — Exclusion Deadline

April 24, 2022 — Objection Deadline

May 24, 2022 at 11:00am — Final Approval HearingHearing - The Court has ordered that the Final Approval Hearing occur via Zoom at the following link: https://nywd-uscourts.zoomgov.com/j/1600371022. If anyone wants to appear in person, he/she should appear at the courthouse: 100 State Street, Courtroom #1, Rochester, NY 14614 at the designated time.
Meeting ID: 160 037 1022
Passcode: ROY11:00
Call in Number: 1 646 828 7666

SUMMARY OF YOUR OPTIONS AND THE LEGAL EFFECT OF EACH OPTION

DO NOTHING

If you don’t do anything, you will receive a payment from the Settlement Fund so long as you do not opt out of or exclude yourself from the settlement (described in the next box).

EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS

You can choose to exclude yourself from the Settlement or “opt out.” This means you choose not to participate in the Settlement. You will keep your individual claims against Defendant but you will not receive a payment for Relevant Fees and/or forgiveness of Uncollected Relevant Fees. If you exclude yourself from the settlement but want to recover against Defendant, you will have to file a separate lawsuit or claim.

OBJECT TO THE SETTLEMENT

You can file an objection with the Court explaining why you believe the Court should reject the Settlement. If your objection is overruled by the Court, then you may receive a payment and/or forgiveness of Uncollected Relevant Fees and you will not be able to sue Defendant for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.

These rights and options – and the deadlines to exercise them – along with the material terms of the settlement are explained in the Notice.