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The Consumer Advocacy Center, P.C.

The Consumer Advocacy Center, P.C., is a private professional corporation that handles both individual and class action litigation across the country.

Boecherer v. Burling Bank

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Boecherer v. Burling Bank. This website describes the case and the settlement between 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 West Washington, Suite 700
Chicago, Illinois 60602
(312) 782-5808

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. 08 C 1332. The judge is Magistrate Judge Morton Denlow. To see a copy of the Complaint, click here.

Plaintiff alleges that Defendant did not post the required fee notices on the outside of its automated teller machines at 141 W. Jackson Blvd., Chicago, IL 60604, thus violating the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq. (“EFTA”). To see a copy of the class action publication notice, click here.

Defendant denies Plaintiff’s 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 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, from August 23, 2007 through February 11, 2008, were charged a transaction fee for the use of automated teller machine numbers 0522B and 0522C operated by Burling Bank and located at 141 W. Jackson Blvd., Chicago, IL 60604.

Opt Outs

If you do not want to participate in the Settlement you must write a letter stating, “EXCLUDE ME FROM THE BOECHERER V. BURLING BANK SETTLEMENT.” 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 22, 2010 to be valid.

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 Court at 219 South Dearborn Street, Chicago, Illinois 60604 on or before May 22, 2010 and sending a copy to The Consumer Advocacy Center, P.C. at 180 West Washington, Suite 700, Chicago, IL 60602 and to John K. Kneafsey, Nisen & Elliott, LLC, 200 W. Adams St., Ste. 2500, Chicago, IL 60606.