Polevoy v. Devon Bank

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Polevoy v. Devon Bank. This website describes the case and the settlement among 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:

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 4822. The judge is Matthew F. Kennelly. To see a copy of the complaint, click here.

Plaintiff alleges that Defendant did not post the required fee notice on the outside of its ATM, located at Devon Bank, 70 S. Waukegan Rd., Deerfield, IL 60015, thus 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.

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.

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Class Membership

You are a class member if you are a person who, from August 22, 2007 to July 3, 2008, used ATM Number XE3730, located at Devon Bank, 70 S. Waukegan Rd., Deerfield, IL 60015 and was charged a transaction fee for the use of that ATM.

For a copy of the Claim Form, click here.

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How to Opt-Out of the Class Action Settlement

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 March 23, 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 POLEVOY V. DEVON BANK SETTLEMENT.”

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Objections

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 March 23, 2009. The memo must reference Case No. 08 C 4822. 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 Gary S. Caplan, Reed Smith, 10 South Wacker Drive, 40th Floor, Chicago, IL 60606.

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