Class Eligibility

You are a Settlement Class Member if, during the Class Period, you: (1) held at least one Account in New York, and (2) incurred at least one Overdraft Fee in such Account(s), (3) in connection with an ATM withdrawal or POS Debit Card transaction, (4) as a result of one or more of the Disputed Practices.

If the Account was maintained by a single person, that person is the Settlement Class Member. If the Account was a joint account, all joint account holders are Settlement Class Members. Persons who maintained only Popular business or commercial accounts are not Settlement Class Members.

Estimated Amount


Settlement Class Members will receive a distribution equal to (i) 50% of all Initial Overdraft Fees paid by them on their Account(s) during the Class Period for ATM withdrawals or POS Debit Card transactions that the Settlement Class Member estimates were caused by one or more of the Disputed Practices; and (ii) 50% of one (1) Continuous Overdraft Fee for every two (2) Initial Overdraft Fees incurred by the Settlement Class Member on ATM withdrawals or POS Debit Card transactions from January 25, 2012 through September 30, 2014. If the total amount of all Qualified Claims received from all Settlement Class Members is more than $5,200,000.00, then each claim will be reduced pro rata to reduce the total amount of Popular’s aggregate settlement payments to Settlement Class Members to $5,200,000.00. If the total value of all Qualified Claims received is less than $550,000.00, then the 50% payment rate applied above will be increased until it reaches 100% or the total amount of Popular’s aggregate settlement payments to Settlement Class Members equals $550,000.00, whichever occurs first.

Proof of Purchase


Case Name

Valle v. Popular Community Bank,
Case No. 653936/2012
Supreme Court of the State of New York, County of New York, Commercial Division

Case Summary

The Lawsuit claims that Popular used three disputed practices (“Disputed Practices”) to unlawfully charge Overdraft Fees to Settlement Class Members during the Class Period in connection with automated teller machine (“ATM”) withdrawals and Point-of-Sale (“POS”) Debit Card purchases. Those Disputed Practices are:

1.Failing to Provide a “Real Time” Warning that an Attempted ATM or POS Transaction Would Overdraw the Account. Plaintiffs allege that Popular knew prior to the completion of its customers’ ATM withdrawals and POS Debit Card purchases that those transactions would cause customers to overdraw their accounts, and therefore be subject to Overdraft Fees. Plaintiffs also allege that Popular could have provided that information to its customers at ATM and POS terminals before the transactions were completed, but did not. Plaintiffs assert that Popular was obligated to provide such notice and, on that basis, assert that this failure to warn was deceptive, denied Popular’s customers the knowledge that certain ATM and POS transactions would result in Overdraft Fees, and thereby caused Plaintiffs and other customers to incur Overdraft Fees that they otherwise would not have incurred for those ATM and POS transactions.

2.“Reordering” Withdrawals and Purchases. Before August 2013, Popular did not always post its customers’ ATM withdrawals and POS purchases in the order in which they occurred. Instead, it held all withdrawals and purchases until the end of the day (or the next business day, if the transactions occurred on a weekend or holiday), and posted them, within different categories of transactions, in order of highest-to-lowest dollar amount (“Reordering”). For example, a $100 ATM withdrawal made at 3:00 p.m. would be posted before a $40 ATM withdrawal made at 10:00 a.m. on the same day. As a result of Popular’s practice of “Reordering” ATM withdrawals and POS purchases, Popular charged Overdraft Fees that might not have been incurred had Popular posted ATM withdrawals and POS purchases either: (i) in the date and time order in which they actually occurred; or (ii) from lowest-to-highest dollar amount. Plaintiffs assert that Popular’s Reordering practice was deceptive and resulted in Overdraft Fees that Popular should not have charged for ATM and POS transactions.

3.Providing Inaccurate Balance Information for ATM Transactions. Plaintiffs allege that Popular sometimes provided inaccurate information regarding a customer’s account balance in response to ATM balance inquiries or following ATM withdrawals. Plaintiffs claim that this practice caused Popular customers to inadvertently overdraw their account and incur Overdraft Fees they would otherwise not have been charged.

Settlement Pool





Banco Popular Overdraft Fee Settlement
c/o A.B. Data Ltd.
P.O. Box 173048
Milwaukee, WI 53217

13 responses to “Banco Popular Overdraft Fee Class Action Settlement (New York)”

  1. Jeannette Reynoso says:

    I lost my claim notice how can I file out one

    ADMIN – Hi Jeannette,

    You can contact the class action administrator to request one or I believe you can file without.

  2. Sheryl Maironis says:

    Could a credit card company be established and operating out of New York, and I might not know it? Should I check the origin of each of my cards?

    ADMIN – Hi Sheryl,

    This has nothing to do with credit cards .

  3. Anonymous says:

    I use direct deposit at Citibank. Please add me to this settlement. You can send the check to Citibank.

    ADMIN – Hi A,

    This is not a Citibank settlement.

  4. D.French says:

    How do I know what ATM’s are part of this and what debt cards from what banks?

    ADMIN – Hi Mr. French,

    As the title indicates this settlement applies to account holders at Banco Popular. As for the ATMs, per the title it applies to ATM machines in NY


    i sent my claim form by mail and i dont recive nothig what i have to do

    ADMIN – Hi Maria Luisa,

    I don’t believe this settlement was distributed already.

  6. Luz C. Pizarro says:

    Good afternoon

    I sent the information requested but I don’t receive anything according the agreement.
    What’s I suppose to do it at his matter?

    ADMIN – Hi Luz,

    Usually you just wait until the distribution takes place. This happens after the final hearing has taken place and all appeals have been resolved.

    • Luz C. Pizarro says:

      Good afternoon

      As the information provide in the news, the final day was taken place in July 2018.Thanks.
      In my case affected my non-profit organizations and for this reason I close the account.

      ADMIN – Hi Luz,
      No updates yet.

  7. Ana A. says:

    When are the payment going to be mailed out?

    ADMIN – Hi Ana,

    The class action administrator has not yet provided with a timeline.

  8. Luz C.Pizarro says:

    Good morning
    I Would like to know the status of the setlement .

    ADMIN – Hi Luz,

    This settlement has not been paid yet.

  9. sihe S simpson says:


    ADMIN – Hi Sihe,


  10. sihe S simpson says:


    ADMIN – Hi Sihe,

    I have not received updates on this

  11. Anibal says:

    I too have been wondering when will the so called “rebate checks” be issued and distributed to the plaintiffs, like myself. A previous update stated back on October 11th 2018, to expect refunds around the first week of November or towards the end of that month, it’s now December…, just saying!

  12. Luz C.Pizarro says:

    I do not understand this process.A lawyer call me..and he told me that in two weeks the going to send my $. My Lord, was not true.
    Please, somebody could explain that?

    ADMIN – Hi Luz,

    The process is simple. You file you get a check in the mail many months later if you are in fact a class member and the settlement is approved.

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