$2.2M Independent Bank Overdraft Fees Class Action Settlement

Who is a Class Member

  • The Independent Bank Overdraft Fees Class Action Settlement includes “all Independent Bank customers in the United States who had one or more non-business accounts and who, from July 31, 2007, through March 9, 2017, incurred an overdraft fee as a result of Independent Bank’s former practice of debit card transaction sequencing.”

If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.


Settlement Amount

  • $2,200,000.00

Estimated Award

  • Varies

Current Independent Bank accountholders will receive a credit to their account. Former Independent Bank account holders will receive a check payment. Actual settlement payouts are dependent on the number of overdraft fees incurred by Class members.


Proof of Purchase

  • N/A

Claim Form

  • N/A

Independent Bank Overdraft Fees Settlement Notes

  • Linda R. Glaske v. Independent Bank
  • Case No. 13-009983-CZ
  • Pending in the Circuit Court for the County of Wayne, State of Michigan

Plaintiif Linda Glaske filed this class action lawsuit against Independent Bank claiming the bank wrongfully charges her overdraft fees on multiple occassion by manipulation her transactiosnby reording them from highest to lowest based on the dollar amount of the transactions for the purpose of generating additional overdraft occurrences.

According to Glaske, “for years, instead of simply declining debit transactions when there were insufficient funds, or warning its customers that an overdraft fee would be assessed if they proceeded with the transaction, Independent routinely processed such transaction and then charged its customers an overdraft fee of $30 or more – even when the transaction was only for a few dollars.”

The Independent Bank overdraft fees lawsuit asserts this practice was purposely designed to generate overdraft fee revenue for the bank, at the expense of their accountholders.

Independent Bank denies all legal claims in this case but agreed to settle the lawsuit to avoid further litigation.

Class members who wish to opt-out or object to the Independent Bank overdraft fees settlement must do so by Dec. 11, 2017.


Important Dates

  • N/A: Claim Form Deadline. Class members were sent notice of the Independent Bank overdraft fees settlement and will automatically receive a payment unless you opt out.
  • 12/11/17:Objection or Exclusion Deadline
  • 1/10/18: Final Approval Hearing Final at 2:00 pm ET (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

Contact Information

  • Mail: Independent Bank Overdraft Settlement, PO Box 4320, Portland, OR 92708-4230
  • Phone: 1-844-843-0201
  • Email: info@IndependentBankOverdraftSettlement

Class Counsel


Settlement Website

Class Action: TD Bank Charges Improper Overdraft Fees for Uber, Lyft Rides

TD Bank is being taken to task by its customers who say they were improperly charged overdraft fees when they used their debit cards for Uber and Lyft rides.

Plaintiff Britney Lawrence filed the TD Bank overdraft fees class action lawsuit in New Jersey federal court Tuesday, claiming the bank violated its contract when it charged her two overdraft fees on non-recurring debit card transactions.

Specifically, Lawrence says that on March 14, 2016, she made a one-time payment with her TD Bank debit card to Uber in the amount of $7.53 for an Uber ride, and again the same day for $8.21 for another Uber ride.

Instead of declining the two transactions, TD Bank approved the transactions and Uber processed the payments, putting her account into overdraft. Then, on March 15, 2016, TD Bank charged Lawrence two $35 overdraft fees for the one-time debit card transactions with Uber and seized the $70 from the next deposit made to her account, even though such fees are only authorized under the TD Bank Agreements for “recurring” debit card transactions.

According to the complaint, debit card transactions can either be “one-time” or “recurring”. One-time transactions are unique transaction not scheduled to regularly reoccur, while recurring transactions are often automatically charged on a prearranged schedule. Examples of recurring transactions include gym memberships, cable bills, cell phone bills, utility bills, monthly magazine subscriptions, streaming content service memberships like Netflix, and insurance premiums.

But Lyft and Uber are considered one-time ride-shares and are not subscription services wherein customers pay a monthly fee, the lawsuit states. Yet, TD Bank “repeatedly charges overdraft fees for these one-time debit card transactions” even though the bank promises in its Personal Deposit Account Agreement (PDAA) that non-recurring debit card transactions that will lower a customer’s balance below zero will not be approved and overdraft fees will not be charged.

“When TD Bank customers use their debit card to pay for rides with Uber or Lyft – rides that are by their very nature one-time transactions and non-recurring – TD Bank approves the transaction regardless of the customer’s opt-in status.”

Lawrence is seeking to recoup the overdraft fees assessed by TD Bank, as well as damages and other relief arising from TD Bank’s alleged routine practice of charging standard overdraft fees on one-time debit card transactions with Uber and/or Lyft, in violation of its contract with accountholders.

She also proposes to represent a nationwide class of all TD Bank accountholders who incurred one or more overdraft fees on Uber or Lyft transactions while not enrolled in TD Debit Card Advance, as well as a Connecticut subclass.

Lawrence and the proposed classes are represented by several law firms including McCune Wright Arevalo LLP; Webb Klase & Lemond LLC; Kopelowitz Ostrow Ferguson Weiselberg Gilbert; Tycko & Zavareei LLP; Kaliel PLLC; The Kick Law Firm; Law Offices of Francis J. Flynn Jr.; Sullivan Law & Associates; and Consumer Protection Legal LLC.

The TD Bank Uber/Lyft Overdraft Fees Class Action Lawsuit is Britney Lawrence, et al. v. TD Bank, N.A., Case No. 1:17-cv-12583-NLH-AMD, in the U.S. District Court for the District of New Jersey.

$2.4M MidFlorida Credit Union Overdraft Fees Class Action Settlement

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


Settlement Website