If you had a checking account with Mazuma Credit Union (“Mazuma”) and you were charged an overdraft fee between April 1, 2011 and September 30, 2015, then you may be entitled to a payment from a class action settlement.
OVERVIEW OF THE PROPOSED SETTLEMENT
The lawsuit that is being settled is entitled Joy L. Bowens v. Mazuma Federal Credit Union, United States District Court, Western District of Missouri, Case No. 4:15-cv-00758. The case is a “class action.” That means that the “Named Plaintiff,” Joy L. Bowens is an individual who is acting on behalf of all persons who were charged an overdraft fee at any time from April 1, 2011 through September 30, 2015, and, at the time such fee was imposed, that person had sufficient funds in the current balance but not the available balance in his or her account to complete the transaction. This group is called the “Class Members.” She is asserting claims for breach of contract, violations of Regulation E and other causes of action. She seeks a refund of such allegedly improper overdraft fees charged to Class Member accounts.
Mazuma does not deny it charged overdraft fees but alleges that it did so properly and in accordance with the terms of its account agreements and applicable law because Mazuma assesses overdrafts based on the available balance in a member’s account. Mazuma maintains that this practice was disclosed to its members and therefore denies that its practices give rise to claims for damages by Ms. Bowens or any class member.
Your rights—and the deadlines to exercise them—are explained on this website and on the Notice.
The court still must hold a hearing to decide whether to grant final approval to this settlement. Class Members will receive the relief only if the court grants final approval and after any appeals are resolved in favor of the settlement.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|APPROVE THE SETTLEMENT AND RECEIVE A PAYMENT; YOU NEED NOT DO ANYTHING||Unless you exclude yourself from the settlement (see the next paragraph), then you will receive a check or a credit to your account (depending on whether you are still a member of Mazuma).|
|EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS||You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against Mazuma but you will not receive a payment. If you want to recover against Mazuma, then you will have to file a separate lawsuit or claim.|
|OBJECT TO THE SETTLEMENT||You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, then you will receive a payment and you will not be able to sue Mazuma for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.|