Class Eligibility

HSBC class action settlement Class Members include all HSBC customers in the U.S. who incurred one or more overdraft fees on your HSBC account(s) as a result of posting transactions that included at least one debit card or point-of-sale transaction from highest to lowest dollar amount.

The Class period is between Dec. 17, 2004 and June 30, 2010 for consumer accounts and between Dec. 17, 2004 and Nov. 30, 2011 for business accounts.

Estimated Amount


Proof of Purchase


Class Members who were charged an HSBC overdraft fee between Dec. 17, 2004 and June 30, 2007 are required to submit a valid Claim Form as well as supporting documentation. Individuals affected after June 30 2007 will automatically receive payment

Case Name

In re: HSBC Bank USA NA Checking Account Overdraft Litigation
Case No. 650562/2011
Supreme Court of the State of New York, County of New York

Case Summary

The lawsuit claims that as a regular practice, the bank allowed customers to use their debit cards to make purchases when their accounts were insufficient in order to charge an overdraft fee of $35.

Additionally, the bank usedsoftware program to re-order transactions automatically leading to additional overdraft fees.

Settlement Pool





HSBC Overdraft Fee Settlement
P.O. Box 3770
Portland, OR 97208-3770

27 responses to “HSBC Overdraft Fee Class Action Settlement”

  1. Stephanie McFaddin Dudley says:

    By leaving a reply does this automatically include me in the claim?

    ADMIN – Stephanie,

    No it does not.

  2. Elsa Rodriguez says:

    I was a holder of HSBC credit card. I was charge many overdraft fee. I try to discuss with the company but there were simply their fees. I end up closing the credit card. But I believed I still have the credit card information if need it. My email is elsa.castro@live

    ADMIN – Hi Elsa,

    This settlement relates to bank accounts, not credit cards.

  3. Elsa Rodriguez says:

    I used to have a HSBC credit card I remember they charging for overdraft fees. I do have the credit card information if need it.

  4. Michelle Martinez says:

    Please contact me I had an HSBC account.

    ADMIN – Hi Michelle,

    Why would you need for us to contact you?

  5. Online claim form. Please says:

    Please assist

    I know I typed a form

    ADMIN – Hi User,

    What kind of assistance are you looking for?

  6. clara lucas says:

    I believe too have had a has credit card with dis bank but paid it off n closed my account.

  7. clara lucas says:

    Had a credit card with this bank but paid it off ands closed the account.

  8. Linda j says:

    I got the post card in the mail for this lawsuit do I still have to fill out claim form

    ADMIN – Hi Linda,

    Does the postcard instruct you to file a claim?

  9. Linda Hitsman says:

    I don’t remember this far back about any over draft fee. I have had this card a very long time though

  10. Cathy Phillips says:

    My daughter had an account with HSBC. I know that because she was in college and just starting work. She called at times to go to my local HSBC office to put in money for her. She did not have an account any time after June 2, 2007. That was the day she died. But she is entitled to her money. NO I don’t keep it. Any money Stacy was entitled to after her death goes to her sister, Brandy. because after Stacy died, 14 months later their brother committed suicide. Stacy would want this. It isn’t fair that Stacy be punished because she died. Tell me how to show evidence of her account. Will the bank still have her records. I was executor of her will so I am allowed to take care of any of her business. Please life has been so unfair, tell me you will help me get the proof you need. I can’t get it from her.

    ADMIN – Hi Cathy,

    You can probably try to file on behalf of her estate. Your best bet is to contact the admin to check if this is even possible.

  11. Cynthia Newman says:

    Would like to file a claim

    ADMIN – Hi Cynthia,

    We are glad to know you want to file. In order to file you must click on the link that reads “click here to file a claim”

  12. JayGatz says:

    Assuming that the Settlement is approved on 4/6/2016 as planned, approximately how long until I receive my check. Fees would have been assessed after June 30, 2007 if it matters.

    ADMIN – Hi Jay,

    I can’t answer your question. Some settlements take months and others are dragged for years with appeal after appeal.

  13. Alice E BEHRENS says:

    Please mail a form. Mrs muriel b freed
    32735 seagate drive apt 205 bldg 4
    Rancho palos verdes
    California. Usa. 90275

    ADMIN – Hi Alice,

    We are not the class action administrators thus unable to mail you any forms. Consider filing online using your computer.

  14. Alice E BEHRENS says:


  15. Crystal says:

    How would I go about getting proof or bank statements from over 10 years ago? I remember having to go into the branch to argue overdraft fees many times and each time they would say something ridiculous like “it’s just how our system works.” I would get hit with 4-5 overdraft fees even though the total amount would only be $5 overdrawn.

    ADMIN – Hi Crystal,

    Contact the branch and explain your situation. They may be able to help you. Otherwise claim for as much as you can without evidence.

  16. JayGatz says:

    Do you know exactly what the result was, in layman’s terms, for the hearing held last week 4/6/16 for this case?

    ADMIN – Hi Jay,

    With this case having a filing deadline that has not yet passed I would not be so worried about the results of the fairness hearing. Fairness hearings are mainly about polishing the details. The settlement will most likely move forward. As it is the case with most settlements it will take months if not years to get your share.

    • JayGatz says:

      Thanks, and I’m not worried, just curious as what I was able to learn from a Google search sounded pretty vague.

  17. frank garcia says:

    I Had received a Notification early last year. Filed my claim form. What is the procedure from here?

    ADMIN – Hi Frank,

    The next step is to wait patiently. Some cases take up to a year.

  18. Melissa says:

    Hi everyone.
    I actually received a check today for this settlement. I was one who didn’t have to file a claim I was put in automatically. Just wanted to post an update if people were wondering when they would start seeing thier checks

  19. Walter Ford says:

    So my check was mailed to the address i lived at when i was an account holder, haven’t lived there in 5 or 6 years, the new owner sent it to me, but a few days past tbe 60 day check cashing limit. The site is down now. How do i get a new check?

    ADMIN – Hi Walter,

    Sadly you can’t do a thing about it. Generally there is a second distribution to all qualified members with the funds left uncashed or the money is given to charity.

  20. Linda says:

    Well the check I received was sent to my mother address which she found a year later in hoarded piles of papers. I called to have reissued and was told nothing can be done. But if there may be a second distribution what address will they use to resend since there is nothing they can do. If this is money that I won why can’t I get my check reissued? I could really use this money right now.

    ADMIN – Hi Linda,

    The terms of the settlement indicate that you have a certain period of time to cash your check. If you fail to do so the money either becomes part of a second distribution where all the people that actually cashed their checks get a share or it is donated to charity.

  21. Noelia Talavera says:

    I received the check on July 9, 2018 yet the check is dated December 6, 2017. Why did this take over 6 months to be sent to me? Please respond as soon as possible via my e-mail address below.

    ADMIN – Hi Noelia,

    We are not the class action administrators. Think about us as a newspaper for class actions. Contact the admin to see if they can help you with a replacement.

  22. Noelia Talavera says:

    I received the check on July 9, 2018 yet the check is dated December 6, 2017. Why did this take over 6 months to be sent to me? Please respond as soon as possible via my e-mail address below.

    ADMIN – Hi Noelia,

    Please reach out to the class action administrator. Their contact info is posted above.

  23. Jessica says:

    The phone number provided above has been disconnected. Is there another contact number?

    ADMIN – Hi Jessica,

    The class action administrator has closed shop.

  24. Waydell says:

    Hello I was told I would receive my check but I never received it. Because I moved who can I
    Contact about this.

    Please. Send me me a contact so I can call.

    ADMIN – Hi Waydell,

    You can contact the class action administrator. Just scroll up to locate their contact info.

  25. Zena says:

    I received x2 checks issued 12/06/2017.
    I did not, however, open the mail until after the 60 days that the checks are valid for.
    If I contact the administrator through the email address
    will I be able to get the checks reissued?
    Thanks in advance for letting me know,

    ADMIN – Hi Zena,

    Sadly you won’t be able to replace them

  26. Kenneth Champion says:

    Hi, my spouse and I received a joint check back in 2017, he passed away prior to the check being deposited then I had to wait for Will and Estate paper work, how can I have the check reissued?

    ADMIN – Hi Kenneth,

    You can’t. You no longer have recourse.

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