Banco Popular Overdraft Fee Class Action Settlement (New York)
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.
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
Valle v. Popular Community Bank,Case No. 653936/2012 Supreme Court of the State of New York, County of New York, Commercial Division
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.