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Burns v. First American Bank |
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Lance A. Raphael |
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. 04-cv-7682. The judge is Virginia M. Kendall. To see a copy of the
complaint, click here.
The Plaintiffs allege that First American Bank posted a fee notice on ATM nos. S1A5260 and
S1A5261 in the Chicago Hilton and Towers at 720 South Michigan Avenue, Chicago, Illinois that
identified a different fee amount than was actually charged by FAB for use of those ATMs, thus
allegedly violating the Electronic Funds Transfer Act, 15 U.S.C. §1693, et seq. To see a copy
of the class action publication notice, click here.
First American Bank 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 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 on 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 members include all persons nationally who, from November 28, 2003 to December 1, 2004,
were charged a "transaction fee" for the use of ATMs Nos. S1A5260 and S1A5261 located in the
Chicago Hilton and Towers at 720 South Michigan Avenue in Chicago, Illinois in an amount
different from the "transaction fee" disclosed on the fee notice posted on the outside of
those ATMs.
If you DO NOT object to the terms of the settlement, but just do NOT want to participate in the class action, in which case you will not be bound to the settlement or share in any benefit, you must tell us in writing by sending us a letter which states that "I want to be excluded from the Settlement Class in Burns." The letter must include your full name, address, and telephone number. Your written statement must be sent to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602, and such statement must be delivered (or post-marked, if mailed) by June 8, 2007.
If you think the settlement or any of its terms is unfair, you may object, personally or through counsel, to the proposed settlement by submitting a signed written statement of reasons for your objections, which must reference Case No. 04-cv-7682 and be filed by June 8, 2007 with the Court at 219 South Dearborn Street, Chicago, Illinois 60604. You must also send a copy of your written statement to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602 and to Paul F. Markoff, Crowley Barrett & Karaba, Ltd., 20 South Clark Street, Suite 2310, Chicago, IL 60603.
