Pantelyat v. Bank of America, N.A.

A federal court authorized the mailing of the notice to inform you about the proposed Settlement and your rights and options prior to the time when the Court decides whether to grant final approval of the Settlement. The notice explains the lawsuit, the Settlement, your legal rights, the benefits that are available, who is eligible for those benefits, and how to acquire them.

The case is known as Pantelyat v. Bank of America, N.A., et al., Case No. 1:16-cv-08964-AJN (the “Action”). The Hon. Alison J. Nathan of the United States District Court for the Southern District of New York is overseeing this class action. The persons who filed this lawsuit are called the “Plaintiffs” and the entities they sued, Bank of America Corporation and Bank of America, N.A., are called the “Defendants.”

The Plaintiffs alleged that people with consumer deposit bank accounts with Bank of America were mistakenly charged overdraft fees on debit card transactions made with Uber. The Plaintiffs claimed that this conduct breached Bank of America’s account agreement with customers. The Defendants deny these and all other claims made in the Action. By entering into the Settlement, the Defendants are not admitting that they did anything wrong.

In a class action, one or more people, called the Settlement Class Representative(s), sue on behalf of all people who have similar claims. Together all of these people are called a Settlement Class or Settlement Class Members. One court resolves all of the issues for all Settlement Class Members, except for those Settlement Class Members who exclude themselves from the Settlement Class. If you received a notice in the mail that was addressed to you, then you are a Settlement Class Member.

The Settlement Class Representatives and the Defendants do not agree about the claims made in this Action. The Action has not gone to trial and the Court has not decided in favor of either the Settlement Class Representatives or the Defendants. Instead, the Settlement Class Representatives and the Defendants have agreed to settle the Action. The Settlement Class Representatives and their lawyers believe the Settlement is in the best interest of all Settlement Class Members because of the risks associated with continued litigation, the prolonged nature of litigation, and the defenses raised by the Defendants. The Defendants deny that they did anything wrong and believe that their defenses to the claims would succeed, but Defendants nevertheless have agreed to settle this Action to avoid the burden, expense, risk, and uncertainty of continuing the litigation.

If you received a notice addressed to you, then Defendants’ records indicate that you are a Settlement Class Member. You are included in the Settlement Class as a “Settlement Class Member” if you hold or held a consumer deposit (bank) account with Bank of America, and were charged (and not refunded) overdraft fees on debit card transactions made with Uber between January 1, 2012 and December 31, 2016 that were coded (or classified) by Uber and/or Uber’s agents as recurring transactions.

The Defendants have agreed to pay a Settlement Amount of twenty-two million dollars and no cents ($22,000,000.00). The Settlement Amount will be distributed to Settlement Class Members after deducting the cost of notice and administration of the Settlement, any taxes, any attorneys’ fees and costs awarded by the Court, and any Service Award payments granted by the Court to the Settlement Class Representatives.

Your share of the Settlement Amount will depend on, among other things:

1. The number of overdraft fees that you paid;
2. The amount of settlement administration costs, including the costs of notice;
3. The amount awarded by the Court for attorneys’ fees and costs and as Service Awards to the Settlement Class Representatives; and
4. The number of Settlement Class Members who exclude themselves from the Class.

Attorneys for the Settlement Class estimate that you will receive approximately $20 for each overdraft fee you were charged (and not refunded) as a result of a transaction involving Uber (this estimate is based on the following assumptions: that there will be $450,000 in Settlement Administration Costs, $7,500 in Court-approved Service Awards, $5,600,000 in Court-approved attorneys’ fees and expenses, and that the Settlement Class Members who do not exclude themselves from the Settlement were collectively charged 774,984 separate overdraft fees as a result of a transaction with Uber).

If the Settlement is approved and becomes effective, you will receive a Settlement payment in one of two ways within 60 days of the date that the Settlement becomes effective: (1) if the consumer deposit bank account that was assessed the relevant overdraft fee(s) is still open, you will automatically receive a direct deposit to that Bank of America account; or (2) if the account that was assessed the relevant overdraft fee(s) is no longer open, you will automatically receive a check that will be mailed to the same address as the notice. If you move before you receive your Settlement payment, please notify the Settlement Administrator in writing of your new address.

If you are a Settlement Class Member and you do not exclude yourself, you are choosing to remain in the Class and receive a payment. If the Settlement is approved and becomes effective, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants and the Released Parties about the legal issues released by the Settlement. The specific rights you are giving up are called Released Claims (see FAQ 11).

The Released Parties are: Bank of America Corporation, Bank of America, N.A., Uber Technologies Inc., and each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, shareholders, agents, assigns, and third-party suppliers and vendors.

The Released Claims are any claim, right, demand, charge, complaint, action, cause of action, obligation, or liability of any and every kind, including without limitation those known or unknown, from the beginning of the world until today, that arises out of common law, state law, or federal law, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, as of the date the Settlement becomes effective that: (a) were or could have been asserted in the Complaint; (b) arise out of, relate to, or are in connection with the assessment of overdraft fees on one-time, non-recurring Uber transactions; or (c) arise out of, relate to, or are in connection with the administration of the Settlement.

The Release included in the Settlement Agreement, is attached as an addendum to the notice mailed to Class Members. Further detail and information is included in the Settlement Agreement, which is available here.

Yes. The Court has appointed Tina Wolfson and Robert Ahdoot of the law firm of Ahdoot & Wolfson, PC as Settlement Class Counsel to represent Settlement Class Members for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Settlement Class Counsel to represent you in this Action.

On or before June 1, 2018, Settlement Class Counsel will file a motion asking the Court to award them attorneys’ fees and for reimbursement of costs to be paid out of the $22 million Settlement Amount. The total amount of attorneys’ fees to be sought by the attorneys in this case will not exceed 25% of the $22 million Settlement Amount (i.e., $5.50 million). If awarded, these amounts will be deducted from the Settlement Amount before making payments to Settlement Class Members. Any amounts awarded by the Court will come out of the Settlement Amount.

On or before June 1, 2018, Settlement Class Counsel will file a motion asking the Court to approve a $2,500 Service Award to each of the three (3) Settlement Class Representatives. If awarded, this amount will be deducted from the Settlement Amount before making payments to Settlement Class Members. Any amounts awarded by the Court will come out of the Settlement Amount.

If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Defendants or the Released Parties on your own based on the claims raised in this Action or released in this Settlement, then you must take steps to exclude yourself from the Settlement. This is called “opting out” of the Settlement. If you do not opt out of the Settlement in a timely manner, your claims raised in this Action will be forever barred. The deadline to submit your request to opt out of the Settlement is June 22, 2018.

To opt out of the Settlement by June 22, 2018, you must either (a) complete and submit the online form on this website or (b) mail to the Settlement Administrator a notice of intention to opt out that is signed by everyone named on your account.

If you choose to send the Settlement Administrator your notice of intention to opt out, as opposed to submitting the online form, the notice must clearly indicate your intent not to participate in the Settlement; for example, by containing the words “opt out,” “exclusion,” or words to that effect.

The notice also must include your name, address and telephone number. If there is more than one account holder on your Bank of America consumer deposit account, all account holders must sign the notice for the opt-out to be effective. You may not opt out any other person (including any group, aggregate, or class) from the Settlement.

Mail your notice to the Settlement Administrator at the address below, postmarked no later than June 22, 2018 to:

Pantelyat v. BOA Settlement Administrator
P.O. Box 3127
Portland, OR 97208-3127

Although you can submit an online opt-out from this website, you cannot exclude yourself by telephone, email, or by facsimile.

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You only will receive a Settlement payment if you stay in the Settlement.

No. Unless you exclude yourself, you give up any right to sue the Defendants or the Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or to participate in any other lawsuit against Defendants or the Released Parties that involve Released Claims. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement, the request for an award of attorneys’ fees and costs and/or the request for Service Awards to the Settlement Class Representatives. You can provide reasons why you think the Court should not approve the Settlement, the request for attorneys’ fees and costs, and/or the request for Service Awards.

To object, you must mail a written objection stating your objection and the grounds on which it is based. Be sure to include:

1. Your name, address, telephone number, and signature;
2. A detailed statement containing all of the bases for your objection(s);
3. Documents sufficient to prove your membership in the Settlement Class;
4. Copies of any documents you wish the Court to consider; and
5. If you are represented by counsel concerning your objection(s), the name of your counsel.

You must mail copies of the objection to ALL the addresses listed below, postmarked on or before June 22, 2018:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class (that is, do not opt out). If you opt out of the Settlement, you cannot object to the Settlement because it no longer affects you.

The Court will hold a Final Approval Hearing on August 8, 2018 at 11:00 a.m. before The Honorable Alison J. Nathan, United States District Judge for the Southern District of New York, United States Courthouse, 40 Foley Square, Courtroom 2102, New York, NY 10007.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve the Settlement. If there are objections, the Court will consider them, and the Court will listen to people who have asked to speak at the hearing. The Court also may decide how much to award Settlement Class Counsel for attorneys’ fees and costs, and whether to make Service Awards to the Settlement Class Representatives.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it.

Yes. If you wish to, you may attend and speak at the Final Approval Hearing. If you intend to object, then you must indicate your intention to speak at the Final Approval Hearing in your written objection (see FAQ 18). Your objection must state that it is your intention to appear at the Final Approval Hearing, and must identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Approval Hearing.

If you plan to have your attorney speak for you at the Final Approval Hearing, your objection must also include your attorney’s name, address, and phone number. If you do not intend to object and wish to speak at the Final Approval Hearing, you may appear in person at the Final Approval Hearing and speak to the Court.

You will receive a Settlement Payment if you are a Settlement Class Member and do nothing, provided that the Court approves the Settlement and it becomes effective. You also will give up rights explained in FAQ 9, FAQ 10 , and FAQ 11, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants and the Released Parties about the legal issues in this Action and released by the Settlement.

The notice and this website summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page or by calling 1-844-659-0617 or by writing to the Settlement Administrator at the address below. Publicly filed documents also can be obtained by visiting the Office of the Clerk of the United States District Court for the Southern District of New York or reviewing the Court’s online docket.

If you have questions, you may contact Settlement Class Counsel, by U.S. Mail or email, at:

Pantelyat v. BOA Settlement Administrator
P.O. Box 3127
Portland, OR 97208-3127
info@RideOverdraftSettlement.com

Please do not contact the Court regarding the notice you received or information on this website. The Court cannot answer any questions.