THE CIRCUIT COURT OF MONTGOMERY, ALABAMA
Kendrick v. Guardian Credit Union, No. CV-2020-901539
If you were assessed a Challenged Fee1 by Guardian Credit Union, you could get a payment and/or other benefits from a class action settlement.
A court authorized this notice. This is not a solicitation from a lawyer.
- The settlement relates to certain fees (defined in footnote 1 below) that Guardian Credit Union (“Defendant”) charged members. If you were charged such a fee, you are a member of one or more of the Settlement Classes.
- Class Members who do nothing will automatically receive a check or account credit and/or forgiveness of uncollected fees. These payments and credits will be from the Net Settlement Fund based on a percentage of the amount of applicable fees paid. The amount of these payments will be determined by an independent settlement administrator and not by Defendant. In addition, these benefits will be provided: (a) Defendant will forgive any Challenged Fees that were assessed but were not paid because they were charged-off, in the amount of $402,551.00; and (b) within a commercially reasonable time, Defendant will cease charging APPSN Fees altogether.
- Your legal rights are affected, so please read this notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|
DO NOTHING |
Automatically receive a settlement check, account credit, and/or debt forgiveness once the settlement is finally approved. Give up the right to bring a separate lawsuit about the same issue. |
| EXCLUDE YOURSELF |
Get no benefits from the settlement. Keep the right to bring a separate lawsuit about the same issue at your own expense. |
| OBJECT | Write to the Court about why you don’t like the settlement. If the settlement is approved, you will still automatically receive a check, account credit, and/or debt forgiveness and give up the right to bring a separate lawsuit about the same issue. |
- These rights and options—and the deadlines to exercise them—are explained in this notice.
- Please be patient while the Court decides whether to approve the settlement.
1 “Challenged Fees” means APPSN Fees and Retry Fees. “APPSN Fee” means an Overdraft Fee that was charged (and not subsequently refunded) by Defendant from January 28, 2020 to November 30, 2022, inclusive, on a signature Point of Sale debit card transaction when the checking account had a positive available balance at the time the transaction was authorized but an insufficient available balance at the time the transaction was presented to Defendant for payment and posted to a member’s checking account. “Retry Fee” means an NSF Fee that was charged (and not subsequently refunded) by Defendant from January 1, 2015 to November 30, 2019, inclusive, for an ACH or check transaction that was resubmitted after previously being declined.