Class Eligibility

The Class includes all persons (excluding Defendants’ officers or directors and Court personnel involved in this case) who, from March 16, 2005, to August 13, 2010:

  • Had an account with FirstMerit, Bank N.A. that permitted funds in such account to be accessible by a debit card;
  • Had more than one Debit Card Transaction in a single day;
  • Had their Debit Card Transactions posted from highest to lowest dollar amount; and Incurred an Overdraft Fee as a result of FirstMerit’s practice of posting Debit Card Transactions from highest to lowest dollar amount that would not have been incurred had FirstMerit posted Debit Card Transactions “chronologically” as part of the following posting order:
    • Fees and other non-customer-initiated debits in high to low order;
    • All ACH transactions from lowest dollar amount to highest dollar amount;
    • All checks in low to high order;
    • All Debit Card Transactions for which information regarding the time of day that the Debit Card Transaction was authorized at the point of sale or ATM is available, in chronological order;
    • All Debit Card Transactions for which information regarding the time of day that the Debit Card Transaction was authorized at the point of sale or ATM is not available, in low to high order.

Estimated Amount


This settlement includes monetary compensation as well as debt forgiveness

Proof of Purchase


Case Name

Case No. 11CV000090
Court of Common Pleas Lake County Ohio

Case Summary

The lawsuit claims that FirstMerit unlawfully rearranged the order by which Debit Card Transactions were posted in customers’ deposit accounts to increase the number of overdrafts that their accounts would experience in any particular day and to improperly charge excessive and unwarranted Overdraft Fees. Plaintiffs also alleged that FirstMerit began “commingling” or grouping customers’ Debit Card Transactions with checks and other non-check debits together for purposes of posting. The lawsuit also claimed that FirstMerit did not inform its customers of this commingling or its effect, combined with debit reordering, of greatly increasing the number of overdrafts and Overdraft Fees.

The Defendants maintain there was nothing wrong with the posting process used by FirstMerit and that it complied, at all times, with applicable laws and regulations and the terms of the account agreements with its customers. The Parties have decided to settle the case and the Court has not decided who is right.

Settlement Pool





FirstMerit Overdraft Settlement
P.O. Box 6389
Portland, OR 97228-6389
1-844-616-6615 (Toll-Free)
Fax 1-844-603-5052

6 responses to “FirstMerit Bank Overdraft Class Action Settlement”

  1. Robert J. Miller says:

    I was a member at First Merit for a long time but I don’t have the dates.
    Robert Joseph Miller

    ADMIN – Hi Robert,

    I encourage you to contact the bank to ask your dates.

  2. Dawn says:

    Does this also include Citizens Bank that was bought out by FirstMerit?

    ADMIN – Hi Dawn,

    It does not.

  3. CW says:

    I so remember this! My husband and I went from never bouncing to check to bouncing checks every week! I went in several times to talk to Firstmerit because it just didn’t make sense, our income did not decrease and our spending did not increase but all of a sudden we couldn’t keep a positive balance.
    FirstMerits explaination was my husband’s company did not bank with them so every Friday when he got paid they were making the funds avail. after the weekend on Mon. and they claims they did not have the funds for yet so they said they would be holding my husband’s check every week for 7-10 days and then the funds would be avail.
    So I keep thinking once we got through the first couple of weeks this would straighten it’s self out. It was a timing issue. Problem is it never straightened out no matter how I tried to hold out the 7-10 days we bounced checks and received a lot of overdraft fees. That is also when we noticed the order in which we were paying bills is not the order FirstMerit was putting them through our account – It was always the largest amount first. FirstMerit said that maybe the way we paid them but they had no control over the way the transaction came through to them.
    I sure thought something very funny about the transactions always coming through the largest amount first.
    FirstMerit also suggested for overdraft protection we open one of there OverDraft protection credit cards- In a week and a half that Credit card had close to $2000.00 on it. We paid that credit card off and left FirstMerit.
    I would be willing to bet we will not get that $2000.00 back. I should have put up more of a fight.

  4. MeriAlice Taylor says:

    I have been a member of FirstMerit until bought out by Huntington and was charged overdraft fees

  5. rickey peterson says:

    I have been a member of first merit since 1996 and was charged overdraft fee during the time span stated

  6. Lynn Ols says:

    I also had a First Merit account and bounced due to their arranging.How do I find the dates that I was a customer since they are no longer First Merit? Secondly I moved and I did not get the PIN number that is needed to submit the claim form .All the phone numbers are automated and I am unable to get a PIN number What do I do now? Do I have to have the dates I had an account with First Merit?Can’t they look it up? Do I have to have this Pin number that customers were sent by postal mail? If I do then how do I get my PIN number?

    ADMIN – Hi Lynn,

    In looking at the paper claim form (the one you fax) It appears you don’t need the dates for the account or pin #

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