Amy Morton v. GreenBank, Davidson County Chancery Court Docket
A Court authorized a notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to give Final Approval to the Settlement. This website explains the lawsuit, the Settlement and your legal rights.
Chancellor Russell T. Perkins of the Tennessee Chancery Court for the Twentieth Judicial District at Nashville is overseeing this case. The case is known as Amy Morton v. GreenBank, Davidson County Chancery Court Docket No.: 11:135-IV, (the “Action”). The person who sued is called the “Plaintiff.” The Defendant is GreenBank.Back To Top
The lawsuit claims that GreenBank’s former Debit Card Transaction posting order practices of Debit Re-Sequencing, Weekend and Holiday High-to-Low Posting, and Weekend and Holiday Batch Processing resulted in an increased number of Overdraft Fees assessed to Account holders. The complaint is posted on the Settlement Website and contains all of the allegations and claims asserted against GreenBank. GreenBank maintains that there was nothing wrong with the posting orders it used, and that it complied, at all times, with applicable laws and regulations and the terms of the account agreements with its customers.Back To Top
“Account” means any consumer checking account maintained by GreenBank in the United States linked to and/or accessible by a Debit Card during the Class Period.
“Overdraft Fee” means any fee or fees assessed to an Account resulting from item(s) paid because the Account had insufficient funds to cover the item(s). Fees charged to transfer balances from other accounts are excluded.
“Debit Card” means a card, sticker, tag, or device issued or provided by GreenBank, including a debit card, check card, or automated teller machine (“ATM”) card that was or could have been used to debit funds from an Account by Point of Sale and/or ATM transactions.
“Debit Card Transaction” means any debit transaction effectuated with a Debit Card, including Point of Sale transactions (whether by PIN or signature/PIN-less) and ATM transactions.
“Weekend and Holiday High-to-Low Posting” means GreenBank’s former practice of Debit Re-sequencing all Debit Card Transactions received for settlement on any Saturday, Sunday, federal holiday, or weekday after GreenBank was closed.
“Weekend and Holiday Batch Processing” means GreenBank’s former practice of processing together all Debit Card Transactions received for settlement on any 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.
“Debit Re-sequencing” means GreenBank’s former practice of ordering an Account’s Debit Card Transactions during overnight processing in highest to lowest dollar amount.Back To Top
In a class action, one or more people called class representatives (in this case, Plaintiff Amy Morton) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or Settlement Class members. One court resolves the issues for all Settlement Class members, except for those who timely exclude themselves from the Settlement Class.Back To Top
The Court has not decided in favor of either the Plaintiff or GreenBank. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described on this website. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.Back To Top
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 posting; and/or (2) Weekend and Holiday Batch Processing.
The subclasses are defined as follows:
In order to have incurred an Overdraft Fee as a result of GreenBank’s former practices of Debit Re-sequencing, Weekend and Holiday High-to-Low Posting, or Weekend and Holiday Batch Processing, you must have had two or more Overdraft Fees assessed during the time period listed above as a result of Debit Card and ATM transactions that GreenBank received for settlement on a Saturday, Sunday, and/or weekday after GreenBank was closed. If this happened to you, you may be in the Settlement Class. If it did not happen to you, you are not a member of the Settlement Class. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.Back To Top
GreenBank’s successor in interest, Capital Bank, has agreed to establish a Settlement Fund of $1.5 million from which Settlement Class Members will receive payments or Account credits. The Settlement Fund will also pay all fees and expenses of Class Notice and Settlement Administration, attorneys’ fees, costs and expenses awarded to Class Counsel, and any Service Award to the Class Representative. The exact amount of Settlement Class Members’ payments or Account credits cannot be determined at this time. The exact amount cannot be determined until the notice process is complete and the Court makes a final decision on the amount of attorneys’ fees, costs and expenses awarded to Class Counsel and any Service Award to the Class Representative.
Additionally, GreenBank discontinued Debit Re-Sequencing, Weekend and Holiday High-to-Low Posting, and Weekend and Holiday Batch Processing, and its successor in interest, Capital Bank, has agreed not to use either processing method for a period of at least 36 months from the Effective Date under the Settlement Agreement; provided however, that nothing in the Settlement Agreement shall require Capital Bank to implement any practices, or to maintain any practice, if any newly-enacted or newly-issued statutes, regulations, regulatory guidance, regulatory staff interpretations, judicial decisions, or other pronouncements or opinions of any regulatory, legislative, administrative, or judicial body indicate that Debit Re-Sequencing, Weekend and Holiday High-to-Low Posting, or Weekend and Holiday Batch Processing, or both, are proper, permissible, or recommended, nor shall anything in this Agreement require Capital Bank to act contrary to the directives or recommendations of any regulatory authority or bank examiner.Back To Top
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 by check or Account credit for your pro rata portion of the Settlement Fund based on the amount of eligible Overdraft Fees you paid as a result of GreenBank’s Debit Card Transaction processing methods during the period covered by the Settlement.Back To Top
Unless you exclude yourself from the Settlement Class, you cannot sue or be part of any other lawsuit against GreenBank or its successor in interest, Capital Bank, about the legal issues in this Action. It also means that all of the decisions by the Court will bind you. The “Release” included in the Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available here.Back To Top
To exclude yourself from the Settlement, you must send a letter that includes the following:
You must mail your exclusion request, postmarked no later than March 13, 2018, to:
GreenBank Overdraft Settlement
P.O. Box 6659
Portland, OR 97228-6659
No. Unless you exclude yourself, you give up the right to sue GreenBank or Capital Bank for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to try to pursue your own lawsuit.Back To Top
No. You will not receive a payment or Account credit if you exclude yourself from the Settlement.Back To Top
The Court has appointed a number of lawyers to represent you and others in the Settlement Class as “Class Counsel,” including:
|Jeffrey M. Ostrow
Jonathan M. Streisfeld
Kopelowitz Ostrow P.A.
1 West Las Olas Blvd, Suite 500
Ft. Lauderdale, FL 33301
|Darren T. Kaplan
Darren Kaplan Law Firm, P.C.
1359 Broadway, Suite 2001
New York, NY 10018
Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel intends to request up to 35% of the money in the Settlement Fund for attorneys’ fees, plus reimbursement of their expenses incurred in connection with prosecuting this Action. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will determine the amount of fees and expenses to award. Class Counsel will also request that $5,000.00 for the Class Representative be paid from the Settlement Fund for their service to the entire Settlement Class.Back To Top
If you are a Settlement Class Member, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses and/or Class Counsel’s request for a Service Award for the Class Representative. To object, you must submit a letter that includes the following:
You must submit your objection to all the people listed below, postmarked no later than March 13, 2018.
|Clerk of the Court
Davidson County Chancery Court
1 Public Square, Suite 308
Nashville, Tennessee 37201
|GreenBank Overdraft Settlement
P.O. Box 6659
Portland, OR 97228-6659
|Jeffrey M. Ostrow
Kopelowitz Ostrow P.A.
1 West Las Olas Blvd, Suite 500
Ft. Lauderdale, FL 33301
|Anthony J. McFarland
Bass Berry & Sims PLC
150 Third Avenue South, Suite 2800
Nashville, TN 37201
Note that, if you object, you may be subject to discovery requests, such as answering questions in writing, producing documents, or providing testimony, consistent with the Tennessee Rules of Civil Procedure.Back To Top
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court will hold a Final Approval Hearing at 8:30 a.m. on April 18, 2018, at the Davidson County Courthouse, located at 1 Public Square, Suite 308, Room 411, Nashville, Tennessee 37201. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider any request by Class Counsel for attorneys’ fees and expenses and for Service Awards for the Class Representative. If there are objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Settlement. We do not know when the Court will make its decision. It is a good idea to check this website for updates.Back To Top
No. Class Counsel will answer any questions the Court may have. But, you may come 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 submit your written objection on time, to the proper address and it complies with the requirements set forth previously, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit a timely objection to the Settlement and send a letter saying that you intend to appear and wish to speak. Your Notice of Intention to Appear must include the following:
You must submit your Notice of Intention to Appear, postmarked no later than March 13, 2018, to all of the addresses in FAQ 15.Back To Top
If you do nothing, you will still receive the benefits to which you are entitled under the Settlement Agreement. Unless you exclude yourself, you will not be able to start a lawsuit or be part of any other lawsuit against GreenBank or Capital Bank relating to the issues in this Action.Back To Top
This website summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You may also write with questions to GreenBank Overdraft Settlement, P.O. Box 6659, Portland, OR 97228-6659, or call the toll-free number, 1-844-749-5067. Do not contact GreenBank, Capital Bank, or the Court for information.Back To Top