If you paid overdraft fees to GreenBank, you may be eligible for a payment from this Class Action Settlement.

A $1.5 million Settlement has been reached in a class action lawsuit about the order in which GreenBank posted Debit Card Transactions to customer Accounts and the alleged effect the posting order had on the number of Overdraft Fees charged to Account holders. GreenBank maintains that there was nothing wrong with either the posting process it used or the disclosures it made, and that it complied, at all times, with applicable laws and regulations and the terms of the account agreements with its customers.

Former holders of GreenBank consumer checking Accounts (whether or not those Accounts have been converted into Capital Bank accounts) are eligible for a payment or Account credit from the Settlement Fund.

The Settlement Class includes all GreenBank consumer Account Holders in the United States who, from February 1, 2005 to June 30, 2011, incurred an overdraft fee as a result of GreenBank’s Debit Card Transaction processing method, including its former practice of Debit Re-Sequencing.

There are two subclasses in the Settlement Class and they include individuals who incurred overdraft fees as a result of GreenBank’s former practices of:

  1. Weekend and Holiday High-to-Low Subclass: All members of the Class who incurred an additional Overdraft Fee as a result of GreenBank’s practice of Debit Re-sequencing all Debit Card Transactions received for settlement on any Saturday, Sunday, federal holiday, or weekday after GreenBank was closed, where the additional Overdraft Fee would not have been incurred if GreenBank had processed such transactions either chronologically or in order from lowest to highest dollar amount.
  2. Weekend and Holiday Batch Processing Sub-class: All members of the Class who incurred an additional overdraft fee as a result of GreenBank’s practice of processing together all Debit Card Transactions received for settlement on a Saturday, Sunday, federal holiday, or weekday after GreenBank was closed with all Debit Card Transactions received for settlement on the following business day, collectively in order from highest to lowest dollar amount, where the additional Overdraft Fee would not have been incurred had GreenBank processed all such Debit Card Transactions, in order from highest to lowest dollar amount, separately in chronological date order based on the dates they were received for settlement.

Your legal rights are affected whether you act or don’t act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Receive a Payment or Account Credit If you are entitled under the Settlement to a payment or Account credit, you do not have to do anything to receive it. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will automatically receive a payment by check or Account credit.
Exclude Yourself from the Settlement Receive no benefit from the Settlement. This is the only option that allows you to retain your right to bring any other lawsuit against GreenBank or its successor in interest, Capital Bank, about the claims in this case.
Object Write to the Court if you do not like the terms of the Settlement.
Go to a Hearing Go to a Hearing Ask to speak in Court about the fairness of the Settlement.
Do Nothing You will receive any payment or Account credit to which you are entitled, and will give up your right to bring your own lawsuit against GreenBank or Capital Bank about the claims in this case.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments and Account credits will be provided if the Court approves the Settlement and after any appeals are resolved. Please be patient.

Important Dates

  • March 13, 2018
    Postmark deadline to request exclusion ("opt-out") from the Settlement
  • March 13, 2018
    Postmark deadline to object to the Settlement
  • April 18, 2018
    Final Approval Hearing
  • TBD
    Distribution of Settlement Awards