Welcome to the settlement information website for Fruitt v. First American Bank. This website describes the case and the settlement between Plaintiffs and First American Bank.

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 as case no. 06-cv-1659. The judge is Virginia M. Kendall.

The Plaintiffs allege that First American Bank failed to post a fee notice on ATM NO. 5464 at 541 North Fairbanks Court, 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 for settlement purposes 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 30, 2005 through March 17, 2006, were charged a transaction fee for use of ATM no. 5464 located at 541 North Fairbanks Court, Chicago, Illinois 60611.

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 Fruitt." 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. No. 06-cv-1659 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.

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