Who is a Class Member
- You are Class Member if you had a checking account with MidFlorida Credit Union and you were charged an overdraft fee between November 24, 2010 and January 15, 2016.
If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Estimated Award
- TBD
Settlement payments will be determined once other costs related to the settlement are covered.
Proof of Purchase
- N/A
Claim Form
- No claim form is required to receive payment. Current members of MidFlorida Credit Union will receive a credit to their checking account. Former members will be mailed a check at their last known mailing address. If your address has changed, please contact the settlement administrator to update your contact information so you can receive your payment.
MidFlorida Credit Union Ovedraft Fees Settlement Notes
- Tracy Fry v. MidFlorida Credit Union
- Case No. 8:15-cv-2743-RAL-TGW
- Pending in the U.S. District Court for Middle District of Florida
In November 2015, Plaintiff Tracy Fry filed a putative class action lawsuit against MidFlorida Credit Union alleging breach of contract, among other causes of action. She contends MidFlorida Credit Union charges its members improper overdraft fees based on available balance, rather than the ledger or actual balance. This purportedly resulted in more transactions being assessed overdraft fees than if the credit union had gone by the ledger balance – a practice Fry says is deceptive and unfair.
MidFlorida Credit Union does not deny it charged overdraft fees but contends it did so properly and in accordance with the terms of its agreements and applicable law because MidFlorida assesses overdrafts based on the available balance in a member’s account. MidFlorida maintains that this practice is proper and was disclosed to its members, and therefore denies that its practices give rise to claims for damages in this lawsuit.
Under the terms of the settlement, MidFlorida Credit Union has changed its payment processing systems as of January 15, 2016 so that it now assesses overdrafts based only on the ledger balance in member accounts.
Class members who wish to exclude themselves or opt-out of the settlement must do so by Dec. 11,, 2017. Class members who wish to object to the settlement must do so by Jan. 29, 2018.
Important Dates
- 12/11/17: Exclusion Deadline
- 1/29/18: Objection Deadline
- 2/23/18: Final approval hearing at 9:30 am ET (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
Contact Information
- Mail: Fry v. MidFlorida Credit Union Claims Administrator, c/o Kurtzman Carson Consultants, PO Box 404000, Louisville, KY 40233-4000
- Phone: 1-866-232-2152
- Email: info@MidFloridaCreditUnionOverdraftClassAction.com
Class Counsel
- Richard D. McCune and Jae K. Kim of McCune Wright Alevaro LLP
- Taras Kick of The Kick Law Firm PC
Settlement Website
Has settlement been been paid out yet.