Frequently Asked Questions

  1. What is this lawsuit about?

    The lawsuit alleges that from February of 2009 until July of 2011 Independent Bank improperly assessed Overdraft Fees for insufficient funds on Debit Card and/or ATM withdrawals by sequencing transactions in a high-to-low posting order, resulting in increased Overdraft Fees in some instances. Independent Bank denies all of Plaintiff’s claims and believes that it did nothing wrong.

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  2. Why is this a class action?

    In a class action, one or more people called “class representatives” (in this case, Linda Glaske) sue on behalf of individuals and entities (collectively, “people”) who have similar claims. All of these people are a “settlement class” or “settlement class members.” One court resolves the issues for all class members, except for those who timely exclude themselves from the class.

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  3. Why is there a settlement?

    The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to settle this case to avoid the cost and risk of a trial. The proposed Settlement does not mean that any law was broken or that the Defendant did anything wrong. Defendant denies all legal claims in this case. Plaintiff and her lawyers think the proposed Settlement is best for all Settlement Class Members.

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  4. How do I know if I am part of the Settlement?

    The Court decided that the Settlement Class means all Independent Bank customers in the United States who had one or more non-business Accounts and who, from July 31, 2007, through March 9, 2017, incurred an Overdraft Fee as a result of Independent Bank's Former Practice of Debit Card Transaction Sequencing. Each of these persons is a Settlement Class Member.

    If you received a notice via email or in the mail, Independent Bank’s records indicate that you are a Settlement Class Member.

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  5. What do “Account,” “Overdraft Fee,” “Debit Card,” “Debit Card Transaction,” and “Former Practice of Debit Card Transaction Sequencing” mean?

    Under the terms of the Settlement:

    • “Account” means any consumer checking, demand deposit, or savings account maintained by Independent Bank in the United States that may be accessed by a Debit Card.
    • “Overdraft Fee” means the fee assessed to a holder of an Account for each item paid when the Account has insufficient funds to cover the item. Fees charged to transfer balances from other accounts are excluded.
    • “Debit Card” means a card, sticker, tag, or other device issued or provided by Independent Bank, including a debit card or automated teller machine (“ATM”) card that can be used to debit funds from an Account by Point of Sale and ATM transactions.
    • “Debit Card Transaction” means any debit transaction effectuated with a Debit Card, including Point of Sale transactions (whether pinned or pinless) and ATM transactions.
    • “Former Practice of Debit Card Transaction Sequencing” means Independent Bank’s practice from February of 2009 until July of 2011 of sequencing an Account’s Debit Card Transactions, along with other debit transactions, from highest to lowest dollar amount, which results in some instances in the assessment of Overdraft Fees that would not have been assessed if Independent Bank had used a different posting method. This term is synonymous with “High-to-low Debit Card Transaction Sequencing.

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  6. What does the Settlement provide?

    Independent Bank has paid $2,215,000.00 to a Settlement Fund to make payments or give account credits to eligible Settlement Class Members as well as to pay Class Counsel’s attorneys’ fees, costs, expenses, and a Service Award to the named plaintiff.

    Independent Bank also separately paid all costs associated with notice and administration of the Settlement.

    Details on all of the Settlement benefits are available in the Important Documents section of this website.

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  7. How was the amount of the payments determined?

    The supplemental payments were calculated by dividing the remaining settlement funds pro rata based on the value of the initial award, with a $5.00 minimum per award.

    The initial payments were calculated using a formula outlined in Section X of the Settlement Agreement, which is available in the “Important Documents” section of the website or on request from the Settlement Administrator at 1-844-843-0201. The formula allocated a proportional share of the Net Settlement Fund to Settlement Class Members, based on the number of Overdraft Fees each incurred due to High-to-low Debit Card Transaction Sequencing.

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  8. When will I get my payment?

    The Supplemental Checks were distributed January 9, 2019.

    The initial disbursement checks were mailed, and account credits were distributed, on March 9, 2018.

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  9. What am I giving up to get a payment?

    Now that the Settlement has become final, Settlement Class Members who did not timely request exclusion from the Settlement will be releasing Independent Bank from all of the claims described and identified in Section XIV of the Settlement Agreement. This means you are no longer be able to sue Independent Bank regarding any of the claims described in the Settlement Agreement.

    The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in the section “The Lawyers Representing You” for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

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  10. Do I have a lawyer in the case?

    The Court appointed Webb, Klase & Lemond, LLC, and Fink + Associates Law as “Class Counsel” to represent you and other Settlement Class Members. You will not be charged for these lawyers.

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  11. How will the lawyers be paid?

    Class Counsel has been awarded attorney’s fees of up to one third of the Settlement Fund ($738,333.00), along with payment of Class Counsel’s reasonable costs and expenses. The Court also granted a Service Award of $10,000.00 to the Class Representative Linda Glaske for her services on behalf of the Settlement Class. Payments approved by the Court were made from the Settlement Fund.

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  12. When and where did the Court decide whether to approve the Settlement?

    The Court held a Final Approval Hearing at 2:00 p.m. on January 10, 2018, at the Wayne County Circuit Court, Courtroom 1401, 2 Woodward Avenue, Detroit, MI 48226. At the Final Approval Hearing, the Court considered the proposed Settlement fair, reasonable, and adequate. The Court awarded Class Counsel’s request for attorneys’ fees, costs and expenses, and a Service Award.

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  13. How do I get more information?

    The Notice and this website summarizes the proposed Settlement. More details are in the Settlement Agreement. Both are available in the Important Documents section of this website. You also may write with questions to Independent Bank Overdraft Settlement, P.O. Box 4230, Portland, OR 97208-4230, send an email to info@IndependentBankOverdraftSettlement.com, or call 1-844-843-0201.

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  14. Why did I receive a Settlement Check or Account Credit?

    You received a Settlement Check or Account Credit because it was determined that you were part of the Settlement Class. The Settlement Class is defined as: "All Independent Bank customers in the United States who had one or more non-business Accounts and who, from July 31, 2007, through March 9, 2017, incurred an Overdraft Fee as a result of Independent Bank's Former Practice of Debit Card Transaction Sequencing."

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  15. Why didn’t I receive a Settlement Check or Account Credit?

    If you did not receive a Settlement Check, it is because you are not a Class Member or did not submit a timely and valid claim form.

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  16. How do I negotiate my check that says “This check may not be cashed at a check cashing agency or money service business”?

    The Settlement check may be cashed, deposited, or otherwise negotiated at any bank or financial institution (like a credit union) that is not a check cashing agency or money servicing business. If you are unable to cash the check at a bank or other financial institution, you may request that a replacement check be issued to you without the restrictive ‘check cashing’ language.

    To receive a replacement check, you must return the original check to the Settlement Administrator, accompanied by a written request asking that a replacement check be issued and mailed to you without the restrictive ‘check cashing’ language at:

    Independent Bank Overdraft Settlement
    P.O. Box 4230
    Portland, OR 97208-4230

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 60-day stale date.

    The deadline to request a check reissue is February 10, 2019.

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  17. Can you update my address and re-mail my check?

    To request a replacement check be mailed to you at an updated address, please mail a signed, written request, asking that a replacement check be reissued and mailed to you. Please also indicate your current and former mailing addresses. Mail your check with request to:

    Independent Bank Overdraft Settlement
    P.O. Box 4230
    Portland, OR 97208-4230

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 60-day stale date.

    The deadline to request a check reissue is February 10, 2019.

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  18. Can you expedite my check reissue?

    Unfortunately, it is not possible to expedite a check reissue.

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  19. What is the deadline to request a check reissue?

    The deadline to request a check reissue is February 10, 2019.

    Please see the other applicable reissue FAQs to read about the procedure for requesting a check reissue.

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  20. How can I receive a new check if I lost mine or it got damaged?

    If your settlement check was damaged or lost, but is not yet stale, you may request that a replacement check be mailed to you. To do so, please return your damaged check to us with a signed, written request asking that a replacement check be issued and mailed to you. If the check is stale, only the signed, written request is required and not the check. Please mail your check and request to the Settlement Administrator at the following address:

    Independent Bank Overdraft Settlement
    P.O. Box 4230
    Portland, OR 97208-4230

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 60-day stale date.

    The deadline to request a check reissue is February 10, 2019.

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  21. Can I have my check reissued under a new name (e.g. last name change or business is defunct)?

    First, please go to the bank or financial institution in which you are a current account holder, as they may negotiate the settlement check if documentation regarding the status of your name change is presented.

    If your bank or financial institution will not negotiate the check as-is, please return the original check to the Settlement Administrator at:

    Independent Bank Overdraft Settlement
    P.O. Box 4230
    Portland, OR 97208-4230

    Be sure to include a signed, written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 60-day stale date.

    The deadline to request a check reissue is February 10, 2019.

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  22. What do I do if the person on the check is incapacitated or deceased?

    First, please go to the financial institution at which you are a current account holder; your bank may cash or deposit the check if documentation is presented regarding the status of the account holder and your status as the beneficiary/executor.

    If your bank will not cash the check, please return the original check along with a letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member, to the Settlement Administrator at:

    Independent Bank Overdraft Settlement
    P.O. Box 4230
    Portland, OR 97208-4230

    The deadline to request a check reissue is February 10, 2019.

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  23. Can I negotiate a higher Settlement Award amount?

    No, all Settlement Award amounts are final.

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Important Dates

  • July 31, 2007-March 9, 2017
    Class Period
  • January 11, 2018
    Final Approval Granted
  • March 9, 2018
    Distribution of Account Credits
  • March 9, 2018
    Distribution of Check Payments
  • January 9, 2019
    Distribution of Supplemental Check Payments