Wellington/Conley v. Empower Federal Credit Union Case Website

Welcome to the Wellington/Conley v. Empower Federal Credit Union Case Website

The Court will hold a Final Approval or Fairness Hearing on June 26, 2023, at 1 PM, in the United States District Court for the Northern District of New York, located at Alexander Pirnie Federal Building & U.S. Courthouse, 10 Broad St., Utica, NY 13501.

IF YOU HAD A CHECKING ACCOUNT WITH EMPOWER FEDERAL CREDIT UNION (“DEFENDANT”) AND YOU WERE CHARGED AN OVERDRAFT FEE FROM APRIL 27, 2015 THROUGH SEPTEMBER 24, 2021, THEN YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.

The lawsuits that are being settled are entitled Danielle Wellington v. Empower Federal Credit Union, in the United States District Court for the Northern District of New York, Case No. 5:20-cv-01367, and Dianna Conley v. Empower Federal Credit Union, in the United States District Court for the Northern District of New York, Case No. 5:20-cv-00566. The cases are each a “class action.” That means that the “Named Plaintiffs,” Danielle Wellington and Dianna Conley, are individuals who are acting on behalf of a group. The group is made up of all members of Empower (the “Defendant”) who had a checking account with Empower and were assessed an Overdraft Fee on any type of payment transaction from April 27, 2015 through September 24, 2021, against their checking account if, at the time such fee was assessed, the member had sufficient money in his or her ledger balance to cover the transaction that resulted in the fee. The persons in this group are collectively called the “Class Members.”

The Named Plaintiffs claim Defendant improperly charged overdraft fees in checking accounts when members had enough money in the balance to cover the transaction if holds placed on pending transactions or deposits were not deducted from the balance, i.e., the ledger balance. Defendant does not deny it charged overdraft fees but contends it did so properly and in accordance with the terms of its agreements and applicable law. Defendant contends it assessed overdraft fees based on the available balance in a member’s account. Defendant maintains that this practice is proper and was disclosed to its members, and therefore denies that its practices give rise to claims for damages by the Named Plaintiffs or any Class Member.

SUMMARY OF YOUR OPTIONS AND THE LEGAL EFFECT OF EACH OPTION
MAKE A CLAIM	You may make a claim for overdraft fees which were paid by you if there was no refund of the overdraft fee regardless of the funds in your account. The number of such overdraft fees you may have incurred are shown on the Claim Form attached to the Notice you received, if applicable. If you did not receive a Claim Form, then you have no eligible fees of this type and therefore need not make a claim. You may still be entitled to payment for other Overdraft Fees which do not require a claim to be made. If you are eligible to make a claim for ATM and debit card fees, you should fill out and submit the Claim Form within thirty (30) days after receipt of Notice, or you might not receive any funds.
DO NOTHING	If you have incurred an overdraft fee on your checking account which was paid by you while your ledger balance was sufficient to pay for the transaction, you will receive a payment from the Settlement Fund so long as you do not opt out of or exclude yourself from the settlement (described in the next box).
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 Empower, but you will not receive a payment. If you want to recover against Empower, 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, you will receive a payment and you will not be able to sue Empower for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.

These rights and options—and the deadlines to exercise them—along with the material terms of the settlement are explained in the Notice.