Smith, et al. v. Credit Union 1

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Smith, et al. v. Credit Union 1. This website describes the case and the settlement between Plaintiffs and Defendant.

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the United States District Court for the Northern District of Illinois as Case No. 07 C 5939. The judge presiding over the Settlement is Magistrate Judge Ashman. To see a copy of the complaint, click here.

The Plaintiffs allege that Defendant Credit Union 1 violated the Electronic Funds Transfer Act, (EFTA”), 15 U.S.C. § 1693 et seq. by failing to provide adequate notice of automated teller machine (“ATM”) fees and the Expedited Funds Availability Act, (EFAA), 12 U.S.C. § 4001, et. seq. by failing to provide notice regarding availability of deposited funds. To see a copy of the class action publication notice, click here.

Defendant denies the Plaintiffs’ claims of wrongdoing but has agreed to settle all claims against it to avoid the expense of continued legal proceedings. To see a copy of the Settlement Agreement, click here.

The Court has preliminarily approved a class action settlement of this case. To see a copy of the Preliminary Approval Order, click here.

The links below provide information about who is a Class Member, the terms of the Settlement Agreement and how Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case.

All Potential Class Members:

To find out if you are a member of Class A and to receive instructions on how to claim in to Class A, click here.

To find out if you are a member of Class B and to receive instructions on how to claim in to Class B, click here.

If you do not want to be a class member (or receive any money from the Settlement Fund), click here.

If you want to object to the settlement of this case as a class action or to the terms of the Settlement Agreement, click here.

To see a copy of the Settlement Agreement, click here.

To see a copy of the Court’s Preliminary Approval Order, click here.

Class A, the “EFTA Class” consists of all persons who, from October 19, 2006 to October 30, 2007, were charged a transaction fee for the use of ATM No. XE0907 located at Caballeros de San Juan, a division of Credit Union 1, 2725 West Fullerton Avenue, Chicago, Illinois 60646 in an amount different from the transaction fee disclosed on a fee notice posted on the outside of that ATM.

For a copy of the Claim Form, click here.

Class B, the “EFAA Class” consists of all persons who, from October 19, 2006 to October 30, 2007, used ATM No. XE0907 located at Caballeros de San Juan, a division of Credit Union 1, 2725 West Fullerton Avenue, Chicago, Illinois 60646 and were not notified that any funds deposited into ATM No. XE0907 may not be available for immediate withdrawal.

For a copy of the Claim Form, click here.

If you do not want to participate in the settlement, do not want to be paid from the settlement, and do not want to give up any rights you may have to sue Defendant for the claims alleged in Plaintiffs’ complaint, you must send a signed letter, post-marked by August 4, 2008, to Class Counsel, The Consumer Advocacy Center, P.C. 180 West Washington, Suite 700, Chicago, IL 60602, with your name and address stating “EXCLUDE ME FROM THE SMITH V. CREDIT UNION 1 SETTLEMENT.”

You may object to the settlement by writing a signed memo stating the specific reasons you object and file it with the Court at 219 South Dearborn Street, Chicago, Illinois 60604 by August 4, 2008. The memo must reference Case No. 07 C 5939.