Frequently Asked Questions

The lawsuit that is being settled is entitled Devore et al. v. Dollar Bank, Court of Common Pleas of Allegheny County, Case No. GD-21-008946. The case is a “class action.” That means that the “Plaintiffs,” Beverly Devore, Kitty Johnson, The Colombian Spot, LLC, and Jessica Weingartner, are acting on behalf of Accountholders of Dollar Bank who were charged certain overdraft and NSF fees between December 1, 2017, and February 14, 2023 (the “Class Period”).

The Plaintiffs claim Dollar Bank improperly charged the following (“Relevant Fees”) during the Class Period: (1) an overdraft fee on signature Debit Card Transactions on business accounts that authorized against a sufficient available balance but was presented for payment and posted against an insufficient available balance (“APPSN Fee”); (2) an NSF or overdraft fee on a transaction as a result of Dollar Bank having deducted the dollar amount of a prior returned insufficient funds transaction, temporarily reducing the account balance such that Dollar Bank deemed a subsequent transaction to be posted against insufficient funds and assessing a fee for that transaction (“False Negative Balance Deduction Fee”); (3) an overdraft or NSF fees on transactions when the account’s ledger balance was sufficient to pay the transaction (“Sufficient Funds Fee”); and (4) an NSF fee or overdraft fee on an ACH transaction or check after the merchant’s first attempt at being paid was returned for insufficient funds (“Multiple Fee”). The operative Complaint alleges Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Dollar Bank denies liability and contends it assessed these fees in accordance with the terms of its account agreements and applicable law.

“Uncollected Relevant Fees” are Relevant Fees that were assessed by Dollar Bank to members of the Settlement Classes but not collected during the Class Period and will be forgiven if the Settlement is approved.

You received Notice because Dollar Bank’s records indicate you were charged one or more Relevant Fees. You may be a member of one or more of the Settlement Classes (APPSN Fee Class, False Negative Balance Deduction Fee Class, Multiple Fee Class, and Sufficient Funds Fee Class). The Court directed that the Notice be sent to all Settlement Class members because each Settlement Class member has a right to know about the proposed Settlement and the options available to him, her, or it before the Court decides whether to approve the Settlement.

In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representatives’ and their lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, these lawyers, known as Class Counsel, make this recommendation to the Class Representatives. The Class Representatives have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as Class Counsel’s opinion, that this Settlement is in the best interest of all Settlement Class members for at least the following reasons:

There is legal uncertainty about whether a judge or a jury will find that Dollar Bank was contractually and otherwise legally obligated not to assess overdraft and NSF fees in the manner alleged in the lawsuit, and, even if it was, there is uncertainty about whether the claims are subject to other defenses that might result in no or less recovery to Settlement Class members. Even if the Class Representatives were to win at trial, there is no assurance that the Settlement Class members would be awarded more than the current Settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members will avoid these and other risks and the delays associated with continued litigation.

While Dollar Bank disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in litigation.

If you received notice, then Dollar Bank’s records indicate that you are a member of one or more of the following Settlement Classes: APPSN Fee Class, False Negative Balance Deduction Fee Class, Multiple Fee Class, and Sufficient Funds Fee Class. As a member of any of the Settlement Classes, you may be entitled to receive a payment, forgiveness of Uncollected Relevant Fees, or both.

You have three options: (1) do nothing and you will receive a payment and/or debt forgiveness according to the terms of this Settlement and will be bound by the judgment of the court; (2) exclude yourself from the Settlement (“opt-out” of it); or (3) participate in the Settlement but object to it. Each of these options is described in a separate section below. In addition, you may enter an appearance by hiring your own counsel.

There is no deadline to receive a payment. If you do nothing, then you will receive a payment and/or forgiveness of Uncollected Relevant Fees.

The deadline for sending a letter to exclude yourself from or opt out of the Settlement is February 20, 2024.

The deadline to file an objection with the Court is February 20, 2024.

If you do not like the Settlement and you believe that you could receive more money by pursuing your claims on your own (with or without an attorney that you could hire) and you are comfortable with the risk that you might lose your case or get less than you would in this Settlement, then you may want to consider opting out.

Except as otherwise provided in the settlement Agreement, this means that you will no longer be able to sue the Defendant or any other Released Party regarding the disclosures about the date on the Covered Products if you are a Class Member and do not exclude yourself from the Class.

If you believe the Settlement is unreasonable, unfair, or inadequate and the Court should reject the Settlement, then you can object to the Settlement terms, including Class Counsel’s application for an award of attorneys’ fees and costs or a Service Award to each of the Class Representatives. The Court will decide if your objection is valid. If the Court agrees, then the Settlement may not be approved and no payments or forgiveness of Uncollected Relevant Fees will be made to you or any other member of the Settlement Classes. If your objection (and any other objection) is overruled, and the Settlement is approved, then you may still get a payment and/or forgiveness of Uncollected Relevant Fees and will be bound by the Settlement.

If you want to participate in the Settlement, you need not do anything, and you will receive a payment and/or forgiveness of Uncollected Relevant Fees if the Court approves the Settlement and you will be bound by the Court’s judgment in this case.

The Court has to decide that the Settlement is fair, reasonable, and adequate before it will approve it. The Court already has granted Preliminary Approval of the Settlement, which is why you received a Notice. The Court will make a final decision regarding the settlement at a Final Approval Hearing, which is currently scheduled for March 21, 2024, at 4:30 p.m.

Dollar Bank has agreed to create a Settlement Fund of $6,739,356.00 that will be allocated for the Settlement Classes proportionately. As discussed separately below, attorneys’ fees, litigation costs, a Service Award to each of the Class Representatives, and the costs paid to a third-party Settlement Administrator to administer the Settlement (including mailing or emailing the notice) will be paid out of the Settlement Fund. The balance of the Settlement Fund known as the Net Settlement Fund will be divided proportionally among all Settlement Class Members based on the amount of Relevant Fees they paid during the Class Period. Dollar Bank will also forgive Uncollected Relevant Fees in an amount calculated to be $271,488.00 to eligible Settlement Class Members.

Class Counsel will request an attorney fee be awarded by the Court of not more than 33-1/3% of the Value of the Settlement (including the Settlement Fund and the total Uncollected Relevant Fees). Class Counsel will also request reasonable costs incurred in prosecuting the case in an amount not to exceed $50,000. The Court will decide the amount of the attorneys’ fees and costs based on a number of factors, including the risk associated with bringing the case on a contingency basis, the amount of time spent on the case, the amount of costs incurred to prosecute the case, the quality of the work, and the outcome of the case.

Class Counsel on behalf of the Plaintiffs has requested that the Court award the Class Representatives of up to $10,000.00 each for their work in connection with this case and securing this Settlement on behalf of the Settlement Classes. The Court will decide if a Service Award is appropriate and, if so, the amount of the award.

The Settlement Administrator estimates its costs at $109,981.00.

No. If you received Notice, as long as you do not opt-out, a check will be mailed to you at the last known address Dollar Bank has for you if you are entitled to payment and/or your Uncollected Relevant Fees will be forgiven. If your address has changed, you should provide your current address to the Settlement Administrator at the address set forth in Question 16, below. Excluding yourself from the Settlement means you choose not to participate in the Settlement. You will keep your individual claims against Dollar Bank, but you will not receive a payment and/or forgiveness of Uncollected Relevant Fees. In that case, if you choose to seek recovery against Dollar Bank, then you will have to file a separate lawsuit or claim.

The Court will hold a Final Approval Hearing (explained below in Questions 22-24) on March 21, 2024 at 4:30 p.m. to consider whether the Settlement should be approved. If the Court approves the Settlement, then payments should be made, and Uncollected Relevant Fees should be forgiven within 60 days after the Settlement is approved. However, if someone objects to the Settlement, and the objection is sustained, then there may be no Settlement. Even if all objections are overruled and the Court approves the Settlement, an objector could appeal and it might take months or even years to have the appeal resolved, which would delay any of the Settlement’s benefits.

The balance of the Settlement Fund after deducting attorneys’ fees and costs, the Service Awards and the Settlement Administration Costs, also known as the Net Settlement Fund, will be divided among all Settlement Class Members entitled to Settlement Class Member Payments in accordance with the following formulas included in the Settlement Agreement:

The APPSN Fee Net Settlement Fund shall be paid pro rata to the Settlement Class Members in the APPSN Fee Class using the following calculation:

• The dollar amount of the APPSN Fee Net Settlement Fund divided by the total number of APPSN Fees paid by all Settlement Class Members in the APPSN Fee Class, which yields a per-fee amount.
• Multiply the per-fee amount by the total number of APPSN Fees charged to and paid by each Settlement Class Member in the APPSN Fee Class.
• This results in an APPSN Fee Settlement Class Member Payment.

The False Negative Balance Deduction Fee Net Settlement Fund shall be paid pro rata to the Settlement Class Members in the False Negative Balance Deduction Fee Class using the following calculation:

• The dollar amount of the False Negative Balance Deduction Fee Net Settlement Fund divided by the total number of False Negative Balance Deduction Fees paid by all Settlement Class Members in the False Negative Balance Deduction Fee Class, which yields a per-fee amount.
• Multiply the per-fee amount by the total number of False Negative Balance Deduction Fees charged to and paid by each Settlement Class Member in the False Negative Balance Deduction Fee Class.
• This results in a False Negative Balance Deduction Fee Settlement Class Member Payment.

The Multiple Fee Net Settlement Fund shall be paid pro rata to the Settlement Class Members in the Multiple Fee Class using the following calculation:

• The dollar amount of the Multiple Fee Net Settlement Fund divided by the total number of Multiple Fees paid by all Settlement Class Members in the Multiple Fee Class, which yields a per-fee amount.
• Multiply the per-fee amount by the total number of Multiple Fees charged to and paid by each Settlement Class Member in the Multiple Fee Class.
• This results in the Multiple Fee Settlement Class Member Payment.

The Sufficient Funds Fee Net Settlement Fund shall be paid pro rata to the Settlement Class Members in the Multiple Fee Class using the following calculation:

• The dollar amount of the Sufficient Funds Fee Net Settlement Fund divided by the total number of Sufficient Funds Fees paid by all Settlement Class Members in the Sufficient Funds Fee Class, which yields a per-fee amount.
• Multiply the per-fee amount by the total number of Sufficient Funds Fees charged to and paid by each Settlement Class Member in the Sufficient Funds Fee Class.
• This results in the Sufficient Funds Fee Settlement Class Member Payment.

The total of the APPSN Fee Settlement Class Member Payment, False Negative Balance Deduction Fee Settlement Class Member Payment, Multiple Fee Settlement Class Member Payment, and/or Sufficient Funds Fee Settlement Class Member Payment due to each Settlement Class Member is the total Settlement Class Member Payment due from the Net Settlement Fund.

Settlement Class Members entitled to a Settlement Class Member Payment shall receive a check from the Settlement Administrator. Settlement Class Members entitled to forgiveness of Uncollected Relevant Fees shall receive this benefit automatically. You may receive both a cash payment and forgiveness of Uncollected Relevant Fees, if you are eligible for both Settlement benefits, or you may only be eligible for one of those Settlement benefits.