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 Settlement Website explains the lawsuit, the Settlement and your legal rights.
Senior Judge James Lawrence King, of the U.S. District Court for the Southern District of Florida, is overseeing this case. The case is known as In Re: Checking Account Overdraft Litigation, 1:09- MD-02036-JLK. The person who sued is called the "Plaintiff." The Defendant is PNC Bank, successor in interest to RBC Bank when the two banks merged.Back To Top
The lawsuit claims that RBC posted Debit Card Transactions in the order of highest to lowest dollar amount, which Plaintiff argues results in an increased number of Overdraft Fees assessed to customers. The complaint in this Action is posted on this website and contains all of the allegations and claims asserted against RBC. PNC maintains that there was nothing wrong about the posting process RBC used and that no laws were violated.Back To Top
An "Overdraft Fee" is any fee assessed to an Account for items paid when the Account has insufficient funds to cover the item. Fees charged to transfer funds from other accounts are excluded. "Account" means any consumer checking, demand deposit or savings account maintained by RBC in the United States accessible by a Debit Card, including Accounts which became PNC accounts as a result of RBC's merger with PNC.
"High-to-Low Posting" means RBC's practice of posting an Account's Debit Card Transactions from highest to lowest dollar amount each business day, which is alleged to have resulted in the assessment of Overdraft Fees that would not have been assessed if RBC had used an alternative posting method, e.g., one that posted transactions from lowest to highest.
"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. For avoidance of doubt, Debit Card Transaction does not include a debit transaction effectuated by check, by preauthorized transaction, by wire transfer or Automated Clearing House ("ACH") transaction, or a transfer to another account such as a credit card account or line of credit.
“Positive Differential Overdraft Fee” means all eligible Overdraft Fees minus any Overdraft Fees that were not paid due to a negative account balance at closing or were not refunded by RBC.Back To Top
In a class action, one or more people called named plaintiffs (in this case, Michael Dasher) sue on behalf of people who have similar claims.
All of the people who have claims similar to the named plaintiff are members of the Settlement Class, except for those who timely exclude themselves from the class.Back To Top
The Court has not decided in favor of either Plaintiffs or PNC. 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 in this Settlement Website. The class representative and their attorneys think the Settlement is best for everyone who is affected.Back To Top
If you received notice of the Settlement from a postcard addressed to you, then you are in the Settlement Class. But even if you did not receive a postcard with Settlement notice, you may still be in the Settlement Class, as described below.
The Settlement Class includes:
All holders of a RBC Account who, from October 10, 2007 through and including March 1, 2012, incurred one or more Overdraft Fees as a result of RBC's High-to-Low Posting.
Excluded from the Class are all former RBC and current PNC employees, officers and directors, and the judge presiding over this Action.
You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.Back To Top
PNC has agreed to establish a Settlement Fund of $7.5 million from which Settlement Class Members may receive payments or Account credits. The amount of such payments or Account credits cannot be determined at this time. However, it will be based on the number of Settlement Class Members and the amount of Additional Overdraft Fees each Settlement Class Member paid as a result of RBC's High-to-Low Posting practice. PNC will separately pay for Settlement administration and related costs; such amounts will not come out of the $7.5 million Settlement Fund.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, and you remain in the Settlement Class, all Settlement Class Members whose Overdraft Fees were not paid due to a negative account balance at closing or were not refunded by the bank will automatically receive a payment or Account credit for your pro rata portion of eligible Overdraft Fees you paid during the time period covered by the Settlement.Back To Top
Unless you exclude yourself from the Settlement Class, you cannot sue, continue to sue or be part of any other lawsuit against PNC about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The "Release of Claims" included in the Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. Click here to download a copy of the Settlement Agreement.Back To Top
If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue PNC on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself – or it is sometimes referred to as "opting-out" of the Settlement Class.
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 18, 2020, to:
Dasher v RBC Settlement Administrator
P.O. Box 4109
Portland, OR 97208-4109
No. Unless you exclude yourself, you give up the right to sue PNC 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 as "Class Counsel" and "Settlement Class Counsel" to represent you and others in the Settlement Class. Aaron S. Podhurst of Podhurst Orseck, P.A., Bruce S. Rogow of Bruce S. Rogow, P.A. and Robert C. Gilbert of Grossman Roth Yaffa Cohen, P.A. have been appointed as Settlement Class Counsel, and they are responsible for handling all Settlement-related matters on behalf of Plaintiffs.
Settlement Class Counsel will represent you and others in the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel intend to request up to 35% of the money in the Settlement Fund for attorneys' fees, plus reimbursement of their litigation costs and expenses incurred in connection with prosecuting this case. 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 up to $10,000.00 be paid from the Settlement Fund to the one Class Representative for his service to the entire Settlement Class.Back To Top
You can tell the Court that you do not agree with the Settlement or some part of it. If you are a member of the Settlement Class, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel's request for attorneys' fees and expenses and/or the 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 18, 2020.
Clerk of the Court U.S. District Court for the Southern District of Florida
James Lawrence King Federal Justice Building 99 Northeast Fourth Street
Miami, FL 33132
Dasher v RBC Settlement Administrator
P.O. Box 4109
Portland, OR 97208-4109
Robert C. Gilbert
Grossman Roth Yaffa & Cohen
P.O. Box 140420
Coral Gables, FL 33114
Mark J. Levin, Esq.
BALLARD SPAHR LLP
1735 Market St., 51st Floor
Philadelphia, PA 19103
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 the Final Approval Hearing to decide whether to approve the Settlement and the request for attorneys' fees, expenses and Service Award. You may attend and you may ask to speak, but you don't have to do so.
The Court will hold a Final Approval Hearing at 10:30 a.m. on April 22, 2020, at the United States District Court for Southern District of Florida, Miami Division, located at James Lawrence King Federal Justice Building, 99 Northeast Fourth Street, Miami, FL 33132. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Settlement Website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider the request by Class Counsel for attorneys' fees and expenses and for the Service Award for the Class Representative. If there are objections, the Court will consider them at the hearing. The Court will decide whether to approve the Settlement at or following the hearing. We do not know how long these decisions will take.Back To Top
No. Settlement Class Counsel will answer any questions the Court may have. But, you may come at your own expense. If you send an objection, you don't have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper address and it complies with the requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend, but it's not necessary.Back To Top
If you do nothing, you will still receive the benefits to which you are entitled. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against PNC or RBC relating to the issues in this case.Back To Top
This Settlement Website summarizes the proposed Settlement. More details can be found in the Settlement Agreement. Click here to download a copy of the Settlement Agreement. You may also write with questions to Dasher v RBC Settlement Administrator, P.O. Box 4109, Portland, OR 97208-4109, or call the toll-free number, 1-855-958-0544. Please do not contact PNC or the Court for information.Back To Top