Escalante v. Lincoln Park Savings Bank
CLASS ACTION SETTLEMENT INFORMATION
Welcome to the settlement information website for Escalante v. Lincoln Park Savings 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 |
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 6152. The judge is Martin C. Ashman. To see a copy of the Complaint, click here.
Plaintiff alleges that between October 27, 2007 and November 12, 2008 the fee notices required to be posted on the outside of Defendant’s ATMs were not present, in violation of a provision of the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq (“EFTA”). To see which ATMs allegedly violated the EFTA, click here.
Defendant contests Plaintiff’s allegation but has agreed to settle the claims against itself for persons who used any of its machines between October 27, 2007 and November 12, 2008. 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 Definition:
You are a class member if you are a person who, from October 27, 2007 to November 12, 2008, were charged a transaction fee for the use of any of the 9 automated teller machines operated by Lincoln Park Savings Bank and located at 1946 W. Irving Park Rd., 2139 W. Irving Park Rd., 3050 N. Harlem Ave., and 3234 N. Damen Ave.
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 June 3, 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 ESCALANTE V. LINCOLN PARK SAVINGS 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 June 3, 2009. The memo must reference Case No. 08 C 6152. 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 Frances M. Pitts, Kemp & Grzelakowski, Ltd., 1900 Spring Rd., Suite 500, Oak Brook, IL 60523.