Siragusa v. Advance Financial Federal Credit Union

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Siragusa v. Advance Financial Federal Credit Union. This website describes the case and the settlement among Plaintiff 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 Indiana, Hammond Division. The judge is Judge Theresa L. Springmann. To see a copy of the complaint, click here.

Plaintiff alleges that Defendant did not post adequate notice of the ATM fees that would be charged for the use of its ATM located at 1544 W. 36th Ave., Gary, IN 46408, thus violating the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (”EFTA”) and its implementing regulation, 12 C.F.R. § 205.1 et seq.

Defendant denies Plaintiff’s claims of wrongdoing, denies that Plaintiff or any class member is entitled to any monetary relief but Defendant 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. To see a copy of the class action publication notice, click here.

The Court has certified a class and 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 Class Member, click here.

If you want to receive money from the Settlement Fund, 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.

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Class Definition

All persons who, from October 7, 2008 through October 6, 2009, were charged a transaction fee for the use of automated teller machine number XE2319 located at 1544 W. 36th Ave., Gary, IN 46408.

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Opt-Out Instructions

If you do not want to participate in the Settlement you must write a letter stating, “EXCLUDE ME FROM THE SIRAGUSA VS. ADVANCE FINANCIAL FEDERAL CREDIT UNION SETTLEMENT. I UNDERSTAND THAT BY OPTING OUT OF THE SETTLEMENT, I WILL NOT RECEIVE ANY BENEFITS THAT I WOULD OTHERWISE BE ENTITLED TO IF I PARTICIPATED IN THE SETTLEMENT CLASS.” Include your name and address and mail the letter to the Settlement Administrator, First Class, Inc., 5410 W. Roosevelt Rd., Unit 222, Chicago, IL 60644. Your letter must be postmarked by May 15, 2010 to be valid.

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Objection Instructions

If you think the Settlement is unfair, you may object to it by writing a memo stating the specific reasons for your objection and filing it with the Clerk’s Office (United States Courthouse, 5400 Federal Plaza, Suite 2300, Hammond, Indiana) and sending a copy to Class Counsel, Lance Raphael of The Consumer Advocacy Center, P.C., 180 W. Washington St., Ste. 700, Chicago, IL 60602 and to Defendant’s Counsel, Robert L. Clark, Ogletree Deakins, Two First National Plaza, 20 S. Clark Street, 25th Floor, Chicago, IL 60603, postmarked on or before May 15, 2010.

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