• Frequently Asked Questions
    1. About these FAQs
    2. What is the status of my payment?
    3. Why did I receive a check or credit?
    4. Why didn’t I receive a check or credit?
    5. How was my payment calculated?
    6. Can I dispute my award or receive more money?
    7. How do I deposit my check that says “For Deposit Only”?
    8. How can I receive a new check if I lost mine?
    9. How can I have my check reissued under a new name (e.g. last name change)?
    10. When will my check be reissued?
    11. Can you update my address and re-mail my check?
    12. What do I do if the person on the check is deceased?
    13. What do I do if the person on the check is now under guardianship/gave me power of attorney?
    14. Can I request a check instead of an account credit?
    15. Why is there a Notice?
     
    1. What is this litigation about?
    2. What is an overdraft fee?
    3. Why is this a class action?
    4. Why is there a Settlement?
    5. Who is included in the Settlement?
    6. What does the Settlement provide?
    7. How and when will I receive a payment or Account credit?
    8. What am I giving up to remain a member of the Settlement Class?
    9. How do I get out of the Settlement?
    10. If I do not exclude myself, can I sue Comerica Bank for the same thing later?
    11. If I excluded myself, can I still get a payment from the settlement fund?
    12. Do I have a lawyer in the case?
    13. How will the lawyers be paid?
    14. How do I tell the Court if I do not like the Settlement?
    15. The Court's Fairness Hearing
    16. How do I get more information?
     
    1. About these FAQs

      These FAQs (answers to frequently asked questions) summarize the lawsuit, the Settlement, your legal rights, the benefits available, who is eligible for those benefits, and how to get them. For a more detailed and precise explanation of your legal rights and options, you can review the Settlement Agreement here.

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    2. What is the status of my payment?

      Eligible Settlement Class Members who have open Account(s) at Comerica Bank and are entitled to Settlement payments received them by account credit on December 12, 2014.

      Eligible Settlement Class Members who no longer have Account(s) with Comerica Bank and are entitled to Settlement payments will receive them by check. Check mailing occurred on December 12, 2014. Please be patient in waiting for your check to arrive.

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    3. Why did I receive a check or credit?

      Pursuant to the terms of the Settlement, Settlement Class Counsel and their experts determined that you were an eligible Settlement Class Member who previously incurred eligible Overdraft Fees.

      If your Comerica Bank Account is currently open, you received an account credit on December 12, 2014. If your Comerica Bank Account has been closed, a check was mailed to you. The account credit or check you receive represents your portion of the Settlement.

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    4. Why didn’t I receive a check or credit?

      If you received postcard notice but did not receive a check, then you are not eligible for a payment under the Settlement because your Account was closed with a negative balance and the amount of the payment that would otherwise be provided for in the Settlement was insufficient to make the balance in that Account positive.

      If you have an open Comerica Bank Account, please make sure to double check your account statement and/or online banking for a credit that was applied by Comerica Bank on December 12, 2014.

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    5. How was my payment calculated?

      Award calculations were calculated separately for each individual Settlement Class Member using class member’s own Account and Overdraft Fee history and applying the formula set forth in the Court-approved Settlement Agreement. Not every Overdraft Fee that was charged is eligible for payment under this Settlement; in general, only those Overdraft Fees that would not have been assessed but for the high to low posting order were eligible for compensation under the Settlement. Only a small percentage of all Overdraft Fees charged to Comerica Bank customers were affected by high to low posting. And, of the Overdraft Fees that were eligible, only a portion or a percentage of those fees is payable to each Settlement Class Member as their pro rata share of the Net Settlement Fund.

      The Settlement Agreement is available here and describes, in detail, the calculation and allocation of Settlement Funds.

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    6. Can I dispute my award or receive more money?

      No. The deadline to object to the Settlement was March 12, 2014. The Court approved the Settlement on June 9, 2014.

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    7. How do I deposit my check that says “For Deposit Only”?

      If your Settlement check is for $100.00 or more, it has a “For Deposit Only” restriction as a fraud prevention measure. If you are unable to deposit the Settlement check into your bank account and/or unable to cash the check at another bank or check cashing agency, you may request that a replacement check be issued to you without the ‘For Deposit Only’ restriction.

      To request a replacement check, please return the original check to the Settlement Administrator at Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include an instruction that the replacement check be issued to you without the ‘For Deposit Only’ restriction.

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    8. How can I receive a new check if I lost mine?

      If you have lost the Settlement check, you may request that a replacement check be issued and mailed to you. To request a replacement check, you must submit a signed written request to the Settlement Administrator at Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, asking that a replacement check be issued and mailed to you. The replacement check will be issued and mailed to you.

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    9. How can I have my check reissued under a new name (e.g. last name change)?

      First, please go to your financial institution in which you are a current account holder as it may cash the check if the documentation regarding the status of your name change is presented.

      If your bank will not cash or deposit your check, please return the original check to the Settlement Administrator at Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

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    10. When will my check be reissued?

      The check will be reissued within 3 to 4 weeks after the Administrator receives the written request and any required supporting documents.

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    11. Can you update my address and re-mail my check?

      Yes. Please send a letter requesting a reissuance of your check which includes your former and current mailing addresses to Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876.

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    12. What do I do if the person on the check is deceased?

      First, please go to your financial institution in which you are a current account holder as it may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

      If your Settlement check is for $100.00 or greater and your bank will not cash the check, please return the original check to the Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, along with a letter of instruction, proof of beneficiary/executor status, and proof of death of the person named on the check (i.e., copy of death certificate).

      If your Settlement check is for an amount less than $100.00 and your bank will not cash the check, please return the original check to the Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, along with a request letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member.

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    13. What do I do if the person on the check is now under guardianship/gave me power of attorney?

      First, please go to your financial institution in which you are a current account holder as it may cash/deposit the check if documentation regarding the status of the claimant and your status as the guardian/power of attorney is presented.

      If your Settlement check is for $50.00 or greater and your bank will not cash the check, please return the original check to the Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876, along with a letter of instruction and proof of guardianship or power of attorney.

      If your check is for an amount less than $100.00 and your bank will not cash the check, please return the original check to the Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97228-2876, along with a letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the class member.

      Please send the original check, written reissuance request and any supporting documentation to Comerica Bank Overdraft Settlement, PO Box 2876, Portland, OR 97208-2876.

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    14. Can I request a check instead of an account credit?

      No. The Settlement Agreement specifies what categories of Settlement Class Members received an account credit or a mailed check. In general, Settlement Class Members who no longer have an Account with Comerica Bank received a mailed check, and Settlement Class Members who currently have an Account with Comerica Bank received an account credit.

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    15. Why is there a Notice?

      A Court authorized this notice because you have a right to know about a proposed Settlement of these class action lawsuits and about all of your options before the Court decides whether to give final approval to the Settlement. This notice explains the lawsuits, the Settlement, and your legal rights.

      Senior Judge James Lawrence King of the United States District Court for the Southern District of Florida is overseeing this case. This litigation is known as In re: Checking Account Overdraft Litigation, No. 1:09-md-02036-JLK and Simmons v. Comerica Bank, N.A., S.D. Fla. Case No. 10-cv-22958 and N.D. Tx. Case No. 3:10-cv-00326-O. The persons who sued are called the “Plaintiffs.” Comerica Bank is the “Defendant.”

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    16. What is this litigation about?

      The lawsuit concerns whether Comerica posted Debit Card Transactions in order from highest to lowest dollar amount to maximize the number of Overdraft Fees assessed to its customers. The lawsuit claims that, instead of declining transactions when an account had insufficient funds to cover a purchase, Comerica Bank authorized the transactions and then processed them in highest to lowest dollar order, which had the effect of increasing the number of Overdraft Fees the bank charged its customers. The complaints in this action, posted here, contain all of the allegations and claims asserted against the bank. Comerica Bank maintains there was nothing wrong about its approval of transactions or the posting process it used.

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    17. What is an overdraft fee?

      An Overdraft Fee is any fee assessed to an account as a result of paying an item when the account has an insufficient available balance to cover the item. Fees charged to transfer funds from other accounts are excluded.

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    18. Why is this a class action?

      In a class action, one or more people called “Class Representatives” (in this case, two Comerica Bank customers who were assessed Overdraft Fees) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a “Settlement Class.”

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    19. Why is there a Settlement?

      The Court has not decided in favor of the Plaintiffs or Comerica Bank. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in the Notice. The proposed Settlement does not mean that any law was broken or that Comerica Bank did anything wrong. Comerica Bank denies all legal claims in this case. Class Representatives and their lawyers believe the proposed Settlement is best for everyone who is affected.

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    20. Who is included in the Settlement?

      You are a member of the Settlement Class if you were a holder of a Comerica Bank Account who, during the Class Period applicable to the state in which the Account was opened, incurred one or more Overdraft Fees as a result of Comerica Bank’s High-to-Low Posting.

      The Class Periods by state are:

      • For Settlement Class Members who opened accounts in Arizona, the period from February 18, 2004 through August 15, 2010.
      • For Settlement Class Members who opened accounts in California, the period from February 18, 2006 through August 15, 2010.
      • For Settlement Class Members who opened accounts in Florida, the period from February 18, 2005 through August 15, 2010.
      • For Settlement Class Members who opened accounts in Michigan, the period from February 18, 2004 through August 15, 2010.
      • For Settlement Class Members who opened accounts in Texas, the period from February 18, 2006 through August 15, 2010.

      To be included in the Class, you must have had two or more Overdraft Fees caused by debits posted to your account on a single day during the time period listed above.

      Excluded from the Class are all current Comerica Bank employees, officers and directors, and the judge presiding over this Action.

      If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, call the toll free number, 1-877-819-8914. You may also send questions to the Settlement Administrator at info@ComericaBankOverdraftSettlement.com or PO Box 2876, Portland, OR 97208-2876.

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    21. What does the Settlement provide?

      The Settlement will provide benefits to Settlement Class Members who have not opted out of the Settlement. Comerica Bank will pay $14,580,000 to a Settlement Fund to make payments to eligible Settlement Class Members, as well as to pay for attorneys’ fees, costs, and expenses, as well as service award payments to the Class Representatives who initiated the lawsuit (see Question 14). Comerica has also agreed to pay all fees and costs associated with notice and administration of the Settlement.

      If money remains in the Settlement Fund more than one year after the Settlement Administrator sends the first Settlement Fund Payment check to Settlement Class Members, it will be distributed as follows:

      • First, on a pro rata basis to participating Settlement Class Members who received Settlement Fund Payments, if feasible and practical in light of the costs of administering such subsequent payments;
      • Second, if additional pro rata payments to participating Settlement Class Members are not feasible and practical, Settlement Class Counsel and counsel for Comerica Bank shall jointly file a proposed plan for distribution of the residual funds for consideration by the Court.

      Detail on how any money remaining in the Settlement Fund will be distributed can be found in paragraph 102 of the Settlement Agreement.

      The Settlement Agreement provides precise and more detailed explanations of the benefits to members of the Settlement Class.

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    22. How and when will I receive a payment or Account credit?

      Any payment you are eligible to receive will be based on the number of Overdraft Fees charged to your Comerica Bank consumer deposit account as a result of High-to-Low Posting of Debit Card Transactions during the applicable Class Period. It is not possible to know at this point how much any Settlement Class Member’s payment from the Settlement will be. Payments will be based on the number of people in the Settlement Class and the amount of additional Overdraft Fees each Settlement Class Member paid as a result of the High-to-Low Posting. Only a small percentage of all Overdraft Fees that were charged by Comerica Bank were affected by High-to-Low Posting. Therefore, not every Overdraft Fee that was charged is eligible for payment under this Settlement.

      If you are in the Settlement Class and entitled to receive a cash benefit, you do not need to do anything to receive a payment or Account credit. If the Court approves the Settlement and it becomes final and effective, you will automatically receive a payment or Account credit.

      Settlement Class Members who do not exclude themselves from the Settlement Class will receive their payments, either by Account credit or by check, only after the Court grants final approval to the Settlement and after any appeals are resolved (see “The Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

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    23. What am I giving up to remain a member of the Settlement Class?

      Unless you excluded yourself from the Settlement, you cannot sue or bring a claim against Comerica Bank, or be part of any other lawsuit against Comerica Bank about the issues in this case. Unless you exclude yourself, all of the decisions by the Court will bind you. The Settlement Agreement describes the claims that you gave up if you remained in the Settlement.

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    24. How do I get out of the Settlement?

      It is no longer possible to exclude yourself from the Settlement. All timely exclusion requests must have been submitted no later than March 12, 2014.

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    25. If I do not exclude myself, can I sue Comerica Bank for the same thing later?

      No. Unless you excluded yourself, you gave up the right to sue Comerica Bank for the claims that the Settlement resolved. You must have excluded yourself from the Settlement Class in order to try to maintain your own lawsuit.

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    26. If I excluded myself, can I still get a payment from the settlement fund?

      No. You will not get a payment or Account credit if you excluded yourself from the Settlement.

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    27. Do I have a lawyer in this case?

      The Court has appointed a number of lawyers as Class Counsel to represent all Settlement Class Members. Four of the Class Counsel have been appointed as Settlement Class Counsel. They are:


      Bruce S. Rogow, Esq.
      Bruce S. Rogow, P.A.
      Broward Financial Center
      500 East Broward Blvd., Suite 1930
      Fort Lauderdale, FL 33394
       
      Aaron S. Podhurst, Esq.
      Podhurst Orseck, P.A.
      25 West Flagler Street
      Suite 800
      Miami, FL 33130
      Robert C. Gilbert
      Grossman Roth, P.A.
      2525 Ponce de Leon Boulevard
      11th Floor
      Coral Gables, FL 33134
      Russell W. Budd
      Baron & Budd,
      3102 Oak Lawn Ave, Suite 1100
      Dallas, TX 75219

      You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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    28. How will the lawyers be paid?

      Class Counsel received 30% of the $14,580,000 Settlement Fund for attorneys’ fees, plus reimbursement of certain costs and expenses of prosecuting the class action. Class Counsel also requested that service award payments of $10,000 be paid from the Settlement Fund to each Class Representative for their service as representatives on behalf of the whole Settlement Class. Class Counsel’s fees, costs, and expenses as well as service award payments to the Class Representatives will be paid out of the Settlement Fund.

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    29. How do I tell the Court if I do not like the Settlement?

      It is no longer possible to object to the Settlement. All timely objections must have been submitted no later than March 12, 2014.

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    30. The Court's Fairness Hearing

      The Court held a Final Approval Hearing June 3, 2014. at the United States District Court for Southern District of Florida, Miami Division, located at James Lawrence King Federal Justice Building, 99 Northeast Fourth Street, 11th Floor, Miami, FL 33132. At this hearing, the Court will considered whether the Settlement was fair, reasonable, and adequate. The Court also considered the request by Class Counsel for attorneys’ fees, costs, and expenses, as well as the request for service award payments to the Class Representatives. After the hearing, the Court decided to approve the Settlement.

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    31. How do I get more information?

      The Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You also may write with questions to the Settlement Administrator at info@ComericaBankOverdraftSettlement.com or PO Box 2876, Portland, OR 97208-2876 or call the toll-free number, 1-877-819-8914. Do not contact Comerica Bank or the Court for information.

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