South v. OnPoint Community Credit Union

The lawsuit being settled is entitled South v. OnPoint Community Credit Union. That means the Named Plaintiffs, Timothy South and Kari-Anne Short, are individuals acting on behalf of a group that includes all members of Defendant who were: (1) charged an NSF or Overdraft Fee on their account for a single item presented to Defendant for collection between February 19, 2015, and October 30, 2019, whose request for collection was initially rejected for insufficient funds, but subsequently was re-presented to Defendant for collection on one or more additional occasions resulting in additional NSF and/or Overdraft Fees (the “Retry NSF/Overdraft Fee Class”); and/or (2) were charged an OON Inquiry Fee during between February 19, 2015, and February 28, 2021, which is an out of network ATM fee assessed for a balance inquiry where, during the same continuous ATM visit (i.e. without removing his or her debit card), the member was also assessed an OON Fee for an ATM withdrawal (the “OON Inquiry Fee Class”). The persons in these groups are collectively called “Settlement Class Members.”

The Named Plaintiffs claim they were improperly charged NSF and/or Overdraft Fees and ATM fees. Defendant does not deny that it assessed the Named Plaintiffs’ NSF and/or Overdraft Fees and ATM fees but denies that its practices give rise to claims for damages by the Named Plaintiffs or any Settlement Class Member. Defendant specifically maintains that it properly and lawfully assessed all fees in accordance with the terms of its agreements, disclosure, and applicable law.

In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Named Plaintiffs’ lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, these lawyers, known as Class Counsel, make this recommendation to the Named Plaintiffs. The Named Plaintiffs have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as Class Counsel’s opinion, that this settlement is in the best interest of all Settlement Class Members for at least the following reasons:

There is legal uncertainty about whether the Court (or eventually a trial court judge or a jury) will find that Defendant breached its agreements with members or otherwise acted improperly by assessing the NSF and/or Overdraft Fees or ATM fees that are the subject of this case. There is also uncertainty about whether the Named Plaintiffs’ claims are subject to other defenses that might result in no recovery or less recovery for Settlement Class Members. Even if the Named Plaintiffs were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount, and it may take years of litigation before any payments would be made. By settling, the Settlement Class Members will avoid these and other risks and the delays associated with continued litigation.

Although Defendant disputes Plaintiff’s’ claims, it has agreed to settle to avoid the costs, distractions, and risks of further litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in its best interest and in the best interests of all of its members.

If you received a notice in the mail or via email, then Defendant’s records indicate that you are a Settlement Class Member who is entitled to receive a payment or credit to your account.

You had three options: (1) Do nothing and receive a payment according to the terms of this settlement; (2) exclude yourself from the settlement (“opt out” of it); or (3) participate in the settlement but object to it. Each of these options is described in a separate FAQ below (see FAQ 23, FAQ 14, or FAQ 17.

If you do nothing, you will receive settlement funds by credit to your account if you are still a member of Defendant when the settlement is paid or via check mailed to your residence of record if you are not a member of Defendant when the settlement is paid at the close of the claims period.

The deadline to send a letter to exclude yourself from, or opt out of, the settlement was May 5, 2023, and has passed.

The deadline to file an objection with the Court was May 5, 2023, and has passed.

If you do not like the settlement and you believe that you could have received more money by pursuing your claims on your own (with or without an attorney that you could hire), then you could have considered opting out. If you believe the settlement is unreasonable, unfair, or inadequate and the Court should reject the settlement, you could have objected to the settlement terms. If you did object, the Court will decide if your objection is valid. If the Court agrees, then the settlement will not be approved, and no payments will be made to you or any other Settlement Class Member. If your objection (and any other objection) is overruled, and the settlement is approved, then you will still get a payment.

The Court approved the settlement at the Final Approval Hearing which was held on August 4, 2023, at 9:00 a.m.

Defendant has agreed to create a Settlement Fund of $2,000,000. As discussed separately below, attorneys’ fees, litigation costs, and a service award to each of the Named Plaintiffs will be paid out of this amount. The balance of the Settlement Fund will be divided among all Settlement Class Members proportionally.

Class Counsel will request that the Court award up to one-third (33-1/3%) of the value of the settlement as attorneys’ fees plus reimbursement litigation costs incurred in prosecuting the case. The Court will decide the amount of the attorneys’ fees based on a number of factors, including the risk associated with bringing the case, the amount of time spent on the case, the amount of costs incurred to prosecute the case, the quality of the work, and the outcome of the case.

Class Counsel on behalf of the Named Plaintiffs will request that the Court award them up to $5,000 a piece for their role in securing this settlement on behalf of the class. The Court will decide if service awards are appropriate and if so, the amount of the awards.

The balance of the Settlement Fund will be divided among all Settlement Class Members proportionally. Settlement Class Members will either receive a credit to their account with Defendant or a check if they are no longer a member.

No. Any amount you are entitled to under the terms of the settlement will be distributed to you unless you chose to exclude yourself from the settlement, or “opted out.” Excluding yourself from the settlement means you chose not to participate in the settlement. You will keep your individual claims against Defendant, but you will not receive a payment. In that case, if you choose to seek recovery against Defendant, you will have to file a separate lawsuit or claim. The deadline to exclude yourself from the Settlement has passed.

The Court held a Final Approval Hearing (explained in FAQ 22) on August 4, 2023, and the Settlement was approved. If there are no objections, then the Settlement Administrator should begin paying claims within approximately forty days of the Court’s approval. However, if someone objects to the settlement, and the objection is sustained, then there is no settlement. Even if all objections are overruled and the Court approves the settlement, an objector could appeal, and it might take months or even years to have the appeal resolved, which would delay any payment

The deadline to exclude yourself from the Settlement has passed.

If you submitted a valid and timely opt out, you preserved and did not give up any of your rights to sue Defendant for the claims alleged in this case. However, you are not entitled to receive a payment from this settlement.

No. If you excluded yourself, you are not entitled to a payment.

You could have objected to the settlement or any part of it that you did not like IF you did not exclude yourself, or opt out, from the settlement. (Class Members who excluded themselves from the settlement have no right to object to how other Class Members are treated.) To object, you must have sent a written document to the Settlement Administrator, the Court, Class Counsel, and Defendant’s counsel, at the addresses below. Your objection must have included the following:

• A heading referring to the South v. OnPoint Community Credit Union class action;
• Your name, address, telephone number, the last four digits of your account number (current or former) or Social Security number, and the contact information for any attorney you have retained in connection with this case;
• A statement of the factual and legal basis for each objection and any exhibits you wish the Court to consider in connection with the objection;
• A statement as to whether you intend to appear at the Final Approval Hearing, either in person or through an attorney, and, if through an attorney, the attorney’s name, address, and telephone number; and
• Your signature.

Class Counsel and/or Defendant’s Counsel will file any objections and responsive pleadings at least seven days before the Final Approval Hearing Date.

Be advised that if you objected to the settlement and retain an attorney for purposes of objecting, you are solely responsible for paying that attorney’s fees and costs.

If you failed to comply with the provisions herein, you waived and forfeited any and all rights to appear and/or object separately and will be bound by the terms of the Agreement and the orders and judgments of the Court.

All objections must have been postmarked no later than May 5, 2023, and must have been mailed to the above-identified recipients as follows:

Objecting is telling the Court that you do not believe the settlement is fair, reasonable, and adequate for the class, and asking the Court to reject it. You could object only if you did not opt out of the settlement. If you objected to the settlement and did not opt out, then you are entitled to a payment if the settlement is approved, but you will release claims you might have against Defendant. Excluding yourself or opting out is telling the Court that you do not want to be part of the settlement, and do not want to receive a payment or release claims you might have against Defendant for the claims alleged in this lawsuit.

If the Court sustains your objection, or the objection of any other Settlement Class Member, then there is no settlement. If you objected, but the Court overrules your objection and any other objection(s), then you will be part of the settlement.

The Court approved the Settlement at the Final Approval Hearing at Multnomah County Circuit Court on August 4, 2023, at 9:00 a.m.

No. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you submitted an objection, then you may want to attend.

The Final Approval Hearing was held on August 4, 2023, at 9:00 a.m.

If you do nothing at all, and if the settlement is approved, then you may receive a payment that represents your share of the Settlement Fund. You will be considered a part of the class, and you will give up claims against Defendant for the conduct identified in the settlement. You will not give up any other claims you might have against Defendant that are not released in this settlement.

The Court ordered that the lawyers and their law firms referred to in this website as “Class Counsel” will represent you and the other Settlement Class Members.

No. Class Counsel will be paid directly from the Settlement Fund.

The Court will be asked to approve the amount of attorneys’ fees at the Final Approval Hearing. Class Counsel will file an application for fees and costs and will specify the amount being sought as discussed above. You may review a physical copy of the fee application, the Settlement Agreement, and other court documents here. To change your address for purposes of receiving a payment, you should contact the Settlement Administrator as follows:

South v. OnPoint Community Credit Union
Settlement Administrator
P.O. Box 5119
Portland, OR 97208-5119

PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF DEFENDANT CONCERNING THIS WEBSITE OR THE SETTLEMENT.