Ochart v. Broadway Bank

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Ochart, Rodriguez v. Broadway Bank,Case Nos. 08 C 4893 and 08 C 6930. This website describes the case and the settlement among Kathryn Ochart and Lilly Rodriguez (”Plaintiffs”) and Broadway Bank (”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. For settlement purposes, Kathryn Ochart and Lilly Rodriguez’s cases against Broadway Bank, Case No. 08 C 4893 and Case No. 08 C 6930 have been consolidated. The judge presiding over the settlement is Judge Ruben Castillo. To see a copy of the Complaints, click here.

Plaintiffs allege that Defendant did not post the required fee notice on the outside of certain of its ATMs, thus violating the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq (”EFTA”). Specifically, Plaintiffs allege Defendant failed to post a notice on certain ATMs disclosing that a fee may be charged for using the ATMs. This lawsuit involves the following Broadway Bank ATMs and the time period August 26, 2007 to October 22, 2008:

To see a copy of the class action publication notice, click here.

Defendant denies 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 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 are a Class Member and 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 Member:

You are a class member if you are a person who, from August 26, 2007 to October 22, 2008, were charged a transaction fee for the use of any of the following automated teller machines operated by Broadway Bank:

Opt-Out Instructions

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 Plaintiff’s complaint, you must send a signed letter, post-marked by July 10, 2009, 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 OCHART/RODRIGUEZ v. BROADWAY BANK SETTLEMENT.”

Objection Instructions

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 July 10, 2009. The memo must reference Case Nos. 08 C 4893/08 C 6930. You must also send a copy of your objection to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602, and to Nicholas V. Dizonno, The Dizonno Law Group, 1 Pierce Place, Ste. 150C, Itasca, IL 60143.