NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT
READ THIS NOTICE FULLY AND CAREFULLY;
THE PROPOSED SETTLEMENT MAY AFFECT YOUR RIGHTS!
IF YOU HAVE OR HAD A CHECKING ACCOUNT WITH FIRST NATIONAL BANK (“DEFENDANT”) AND YOU WERE CHARGED CERTAIN OVERDRAFT FEES BETWEEN AUGUST 11, 2015 AND FEBRUARY 4, 2022, THEN YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT
The Circuit Court of Lonoke County, Arkansas, has authorized this Notice;
it is not a solicitation from a lawyer.
SUMMARY OF YOUR OPTIONS AND THE LEGAL EFFECT OF EACH OPTION |
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DO NOTHING |
If you are a Class Member (defined below) who no longer has an open account with Defendant and you don’t do anything, you will receive a payment from the Settlement Fund, so long as you do not opt out of or exclude yourself from the settlement (described in the next box). If you are a Class Member (defined below) who still has an open account with Defendant and you don’t do anything, you will receive a credit to your account from the Settlement Fund, so long as you do not opt out of or exclude yourself from the settlement (described in the next box). If you are a Class Member (defined below), regardless of whether you still have an open account with Defendant and you don’t do anything, you may also be eligible to have up to $500.00 of all amounts you may owe Defendant from qualifying deposit accounts that were charged off by Defendant between August 11, 2015 and February 4, 2022 forgiven, so long as you do not opt out of or exclude yourself from the settlement (described in the next box). Under all of these scenarios, you will also release all claims you have against Defendant related to the assessment of fees on transactions previously authorized on a positive balance that later settled into a negative balance. |
EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS |
You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep any individual claims you may have against Defendant, but you will not receive a payment or a credit to your account. You will also be ineligible for the debt forgiveness described in this Notice and the settlement. If you exclude yourself from the settlement but want to recover against Defendant, you will have to file a separate lawsuit or claim. |
OBJECT TO THE SETTLEMENT |
You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, then you will receive a payment and you will not be able to sue Defendant for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved. |
These rights and options – and the deadlines to exercise them – along with the material terms of the settlement are explained in this Notice.