LEGAL NOTICE BY ORDER OF COURT
IF YOU WERE ASSESSED OVERDRAFT OR NSF FEES ON A PERSONAL OR BUSINESS CHECKING ACCOUNT MAINTAINED BY SIMMONS DURING THE CLASS PERIOD, YOU MAY BE ELIGIBLE FOR A CASH PAYMENT, AN ACCOUNT CREDIT OR FORGIVENESS OF CHARGED OFF FEE AMOUNTS FROM A CLASS ACTION SETTLEMENT.
This Notice describes rights you may have in connection with the settlement of a lawsuit.
The United States District Court for the Western District of Missouri authorized this Notice.
This is not a solicitation from a lawyer. This is not a legal action against you.
Simmons Bank (“Simmons”) has agreed to pay $3,250,000 into a fund from which eligible persons will receive cash payments or account credits. The fund also will be used to pay settlement Administrative Expenses and any Court-awarded Service Awards, attorneys’ fees, and costs.
The settlement resolves a lawsuit brought against Simmons regarding the use of accountholders’ “Available Balance” (the balance of a customer’s checking account that is the result of the total debit and credit activity (including, without limitation, float, memo-posted debits, memo-posted credits, and holds) as of a specific date and time) in assessing overdraft and NSF fees (collectively “Challenged Fees”).
If you were assessed any Challenged Fees during the Class Period by Simmons on a business or personal checking account based on your “Available Balance” when your Ledger Balance (the balance of a customer’s checking account without regard to holds, memo-posted credits, and memo-posted debits) or any other account balance was positive, you fit the description of the Settlement Class (as defined below), and are eligible to receive a payment, an account credit or forgiveness of charged off fee amounts.
Court-appointed lawyers for the Settlement Class (“Class Counsel”) will ask the Court for a payment of up to $1,334,411.33 from the fund as attorneys’ fees, which is equal to one-third of the Value of the Settlement. Class Counsel also will ask the Court to reimburse them for the out-of-pocket expenses they paid to investigate the facts and litigate the case.
The two named Plaintiffs each will also seek approval of a $10,000 Service Award from the Court.
The two sides disagree on whether the named Plaintiffs and the Settlement Class could have won at trial.
Your legal rights are affected whether you act or don’t act. Read this Notice carefully. The foregoing description of the Settlement Agreement and Release does not purport to be complete and is qualified in its entirety by reference to the full text of the Settlement Agreement and Release, a copy of which is available under the Case Documents tab of this website. In the event of a conflict between the foregoing description and the provisions of the Settlement Agreement and Release, the provisions of the Settlement Agreement and Release prevail.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
If you are eligible for a Cash Award or a forgiveness of charged off fee amounts, you do not need to submit a claim to receive the settlement benefits. If you are a current Simmons accountholder and are eligible for a Cash Award, you will receive a direct deposit into your checking account reflecting your share of the settlement; if you are a former Simmons accountholder and are eligible for a Cash Award, you will receive a check sent to the most recent address that the Settlement Administrator can locate for you. If you are eligible for a forgiveness of charged off fee amounts, Simmons’s records will be updated accordingly.
|If you choose to exclude yourself from the settlement, you will get no benefit from the settlement fund, but you will keep any rights you have to bring your own suit against Simmons at your own expense. This is the only option that allows you to ever be part of any other separate lawsuit against Simmons about the legal claims in this case.
|Write to the Court explaining why you don’t like the settlement.
|Ask to speak in Court about the fairness of the settlement.