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

Varies This settlement includes monetary compensation as well as debt forgiveness
Proof of Purchase
Case Name
Emily Jacobs Et Al v. HUNTINGTON BANCSHARES INCORPORATED, and THE HUNTINGTON NATIONAL BANK 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

46 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 #

  7. DIANE SLICKER says:

    I have First merit a while back but then Huntington Bank tomorrow or later just found that out not too long ago I didn’t think you needed dates that I don’t know how you get the dates they said that have to go to the nearest bank I don’t know where the nearest bank is , but what tapes are you referring to when I had the when I had the money in my account or when they bounced the dates .

  8. Sonya Oestermeyer says:

    I was with First Merit for several years until they recently merged with Huntington. During that time I experienced frequent overdraft fees. Not only one time overdraft, but repeated overdrafts. I felt at times I would never catch up. I contacted the bank about what was happening and got the response ” we don”t have control over it”. When the merge with Huntington went through, my account number was changed and wasn’t notified. I discovered same when my payments online were being returned.

  9. DD says:

    During that time I had overdraft charges that just kept coming! Took check registry to bank to have them help me figure out how and why this was happening. No answers!!! Cost me a lot! Still makes my blood boil!!!

  10. carolyn l stewart says:

    … I had a first merit account for years … I was always getting over drafts …

  11. Anthony Meyer says:

    I had an account with First Merit as well for yrs., had endless overdrafts that went into the thousands. And when I went into the bank(s) or other branches occasionally to do business, there was at least one to two people discussing overdraft with other tellers or manager. Often wondered if that’s how they made their money to keep the business going. One manager that worked in one of the branches shouldn’t have been a manager, very unprofessional and had a very poor demeanor. And that’s not just coming from me or people I know, other people that worked for First Merit at other branches knew exactly who you were talking about without dropping any name.


    I was a First Merit customer for many years. This is the first I heard of this and from what I see, I am too late to be included..?

    ADMIN – Hi Michael,

    You are. I am so sorry.

  13. jeff finchum says:

    I received two cards to sign and i did and sent them back to law firm or representive I was ripped off weekly and need to get my money back usually 300 plus a month stolen from me please help jeff finchum

    ADMIN – Hi Jeff,

    We are unable to help you. If you sent your claim you will most likely receive compensation accordingly.

  14. Angie Essex says:

    Hi. This is Angie Essex I am a firstmerit customer I had a reference number but forgotten it I can’t login to see what’s going on can you help I’m I apart of this lawsuit

    ADMIN – Hi Angie,

    We cannot help you here. You need to contact the admin directly

    • Angie Essex says:

      I see that they have distribute checks on the 2 of October but I haven’t heard from them even though I’m in the lawsuit

      ADMIN – Hi Angie,

      I have received several reports of class members receiving checks.

  15. Lorrena says:

    I was a first merit customer and was charged fees

  16. Nichol says:

    Has anyone received a pay out yet ? Just curious how long it usually takes. I sent everything that I needed for the lawsuit. Just waiting to hear something

    • Ashley says:

      I filled out my claim form to and haven’t heard anything either. It should take long of the deadline for us to hear something!

      ADMIN – Hi Ashley,

      Sometimes it takes years, this is particularly true if there are appeals.

      • Nichol says:

        The settlement was approved as far as I have seen there are. I appeals. It said it would take time to process the fees to be patient ? Just figured you would hear something by now ?

  17. Amy says:

    I filled out the card and sent it in , when and how will I be notified if I will receive a refund?

    ADMIN – Hi Amy,

    Most settlements are usually paid within a year of the deadline.

  18. brenda L canada says:

    are there any new updates about when custmers will be paid out it looks like from all the posting everything went through and no appeals

    ADMIN – Hi Brenda,

    This is the last update from the admin

    Update (6/19/2017): On June 2, 2017, the Court held the Final Fairness Hearing before the Honorable Eugune Lucci, in the Court of Common Pleas. Following the hearing, the Court entered an Order and Judgment for final approval of the Settlement. The Court also approved Class Counsel’s request for attorneys’ fees and expenses. Distributing benefits will take time. Please be patient and continue to visit the Settlement website for updates.

  19. Terrie Nurse says:

    I heard of a few people getting checks already. But i havr not heard anuthing and the number you cannot get a live person on to talk with. What is going on with the payouts and when can i expect mines??

    ADMIN – Hi Terrie,

    I have not seen any checks from anyone on this settlement.

  20. brenda L canada says:

    what is the order in which they will send checks out by last name by dates etc. i havent asked this question

    ADMIN – Hi Brenda,

    We don’t have that information.

  21. Catherine L Simmons Russell says:

    Hello everyone I just want to know what’s my name all there I did receive my card and I enter the information online but I haven’t heard anything

    ADMIN – Hi Catherine,

    To get updates on your claim please contact the class action administrator.

  22. brenda L canada says:

    the only updates are back in june are there new ones yet

  23. Pam says:

    When will funds be released?

    ADMIN – Hi Pam,

    We don’t have that info.

  24. Amy Bauer says:

    I see on the another website funds have been disbursed. (as of 10-2-2017). Anyone get one yet? Still waiting on mine.

    ADMIN – Hi Amy,

    I have not seen any reports.

  25. Mary Maynor says:

    If you check the settlement page it says funds will be dispersed oct 31. It’s an update.

  26. Maria Easley says:

    did not receive check for a claim, please advise status and address where check was sent:

    Claim #OCAL4QNW
    Claim #T3TDINKR

    Thank you

    ADMIN – Hi Maria,

    Contact the class action administrator.

  27. deborah little says:

    I don’t recall receiving a card or notice and my account definitely was affected. My estranged husband just received a payment. How do I find out if a claim was submitted in my name or not?

    ADMIN – Hi Deborah,

    You reach out to the class action administrator.

  28. Nichol says:

    Wanted to let you all know that I did receive a check from the lawsuit so be patient they are sending them ??

  29. Kimberly J.Sudberry says:

    How do I find out if the amount of my debt forgiveness cleared my negative with FirstMerit?

    ADMIN – Hi Kimberly,

    You can contact FirstMerit or pull a credit report.

  30. William Anthony Piorkowski says:

    Why did I not receive a card about this lawsuit? I bought my house in 2005 and definitely had problems with the over draft system with first merit in those years!

    ADMIN – Hi William,

    I cannot answer your question. I am not the class action administrator. Often what happens is that people move and the notice goes to the old address. Also it is entirely possible that you received a notice and it was discarded as junk mail. To avoid situations like this in the future I encourage you to sign up for our newsletter or alternatively visit our page with regularity that way you will never miss a case.

    • Frustrated says:

      Hopefully you got your settlement. I have been told there is not an appeal process.

  31. Frankie Marrone says:

    I sent in my reply card and kept a copy of it I have contacted the settlement office many times and they continue to state we are looking into this matter. I did what I was supposed to and I am definitely due reimbursement. Who else can I contact at this point because I am getting no where?

    ADMIN – Hi Frankie,

    This is the status of the settlement.

    Update (October 2, 2017): On October 2, 2017, Settlement payments from the Cash Settlement Fund were disbursed. Additionally, in accordance with the Settlement, debt forgiveness will be automatically applied to outstanding negative balances for eligible Debt and Combined Settlement Class Members on or about October 31, 2017.

  32. Frustrated says:

    Extremely disheartening when you’ve done your part of a filing claim and the additional informational did not reach the intended place. You the filer would have no way of knowing that the additional paperwork was not received, until you contact the settlement office and get the run around. Then to find out there is not an appeal process!!! Lack of communication, skills…cross training…referencing…

    ADMIN – Hi F,

    I usually send my cards via registered mail just in case.

  33. Melinda Nelson says:

    Who do I contact? My elderly neighbor received my check and didn’t realize it til now. He gave it to me, but of course it’s expired.

    ADMIN – Hi Melinda,

    Once the checks expire the administration closes shop. It is virtually impossible to secure a replacement.

  34. Shawn Buterakos says:

    Trying to find out if im owed anymore claim money then what has already been received…thanks for your help in this such said matter…

    ADMIN – Hi Shawn,

    If there is money that goes unclaimed there will be a secondary distribution.

  35. Richard Simone says:

    I completed the claim form back in March of 2017 and have the confirmation code K061VIAL. I never received any further information or money on the claim. Was my claim denied? Thanks.

    ADMIN – Hi Richard,

    I don’t think this settlement has been paid out yet.

  36. Jodi L. Spees says:

    I was involved in the class action suit associated with 1st Merit Bank when Huntington bank agreed to pay 16 million payout for 1st Merits scheme of posting account holders debts in order to receive more ISF charges. I at the time had a home equity loan thru 1st Merit bank that Huntington Bank bought outright from the closing of 1st Merit. I paid Huntington bank off of my home equity loan and asked Huntington about the class action suit and stated I was part of that rebate check but never received a check. The personnel at Huntington bank stated they had nothing to do with the rebate checks but obviously that was a lie. I have never received a check and know by now the check ended up in an unclaimed account with my name on it somewhere. I was just wondering if any on of the law firms that handled this case could inform me of what I could do to claim this money as I filed the paperwork before the deadline but never received a corresponding statement or reply. Please advise me if possible as to what are my legal rights if any thank you.


    Jodi L. Spees

    • Angelica (Admin) says:

      Hi, Jodi. Sorry to hear about your troubles. The Claims deadline expired in 2017, and the settlement website has already been taken down. As we’re just a class action newspaper — not the Claims Administrator of this case — I’m afraid we have no further updates on this matter. As a last resort, however, we recommend that eligible claimants check the National Association of Unclaimed Property Administrators (“NAUPA”) website via for updates on when late claimants can claim their funds — unless the Settlement Administrator already disbursed any unclaimed portion of the fund via charity donations. Best of luck.