POECHMANN V. ALERUS FINANCIAL, NATIONAL ASSOCIATION
COURT FILE NUMBER 10-CV-4186
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Poechmann v. Alerus Financial. 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:

Lance A. Raphael
The Consumer Advocacy Center, P.C.
180 W. Washington St., Ste. 700
Chicago, IL 60602
(312) 782-5808

Thomas J. Lyons
Lyons Law Firm, P.A.
367 Commerce Ct.
Vadnais Heights, MN 55127
1 (800) 477-6910

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the United States District Court for the District of Minnesota. The judge presiding over the settlement is Judge Susan R. Nelson. To see a copy of the Complaint, click here.

Plaintiff alleges that Defendant did not post adequate notice of the ATM fee that would be charged for the use of its ATM located at 2520 White Bear Avenue North, Maplewood, Minnesota 55109, 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 and denies that Plaintiff or any class member is entitled to any monetary relief; however, 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.

Class Membership

All persons who used the automated teller machine operated by Alerus Financial, National Association, at 2520 White Bear Avenue North, Maplewood, Minnesota 55109, between November 6, 2009, and June 4, 2010, and who were charged a $2.00 transaction fee for the use of the automated teller machine.

Opt Outs

If you do not want to participate in the Settlement you must write a letter stating, “EXCLUDE ME FROM THE POECHMANN V. ALERUS FINANCIAL 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, address, and signature and mail the letter to Class Counsel, Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, Illinois 60602

Objections

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, 316 North Robert Street, 100 Federal Building, St. Paul, MN 55101, and sending a copy to Class Counsel, Class Counsel, Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, Illinois 60602, Thomas J. Lyons, Lyons Law Firm, P.A., 367 Commerce Ct., Vadnais Heights, Minnesota 55127, and to Defendant’s Counsel, Shari L. J. Aberle, Dorsey & Whitney LLP, 50 South 6th Street, Suite 1500, Minneapolis, MN 55402, which must be received on or before August 30, 2011.