If You Paid Overdraft Fees to FirstMerit Bank, You May Be Eligible for a Payment from a Class Action Settlement.


Update (October 2, 2017): On October 2, 2017, Settlement payments from the Cash Settlement Fund were disbursed. Additionally, in accordance with the Settlement, debt forgiveness will be automatically applied to outstanding negative balances for eligible Debt and Combined Settlement Class Members on or about October 31, 2017.


A $15,975,000 settlement has been reached in a class action lawsuit about the order in which FirstMerit Corporation and FirstMerit Bank, N.A., (collectively, “FirstMerit”) posted Debit Card Transactions (including ATM transactions) to consumer deposit accounts from March 16, 2005, to August 13, 2010, and the alleged effect the posting order had on the number of Overdraft Fees charged to account holders. On August 16, 2016, FirstMerit was merged into Huntington Bancshares Incorporated and The Huntington National Bank, who are the “Defendants.”

The Defendants maintain that there was nothing wrong with the posting process used and that FirstMerit complied, at all times, with applicable laws and regulations and the terms of the account agreements with its customers.

The Settlement creates a Cash Settlement Fund of $8,975,000 and a Debt Forgiveness Settlement Fund of $7,000,000. Eligible Class Members must file a claim to receive a payment from the Cash Settlement Fund.

Your legal rights are affected whether you act or don’t act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
Receive Debt Forgiveness If you are entitled under the Settlement to receive debt forgiveness, you do not have to do anything to receive it. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will automatically receive debt forgiveness applied to eligible deposit accounts you may have had at FirstMerit.
File Claim For Cash Payment If you are entitled to a payment from the Cash Settlement Fund, you must file a claim to receive a cash payment.
Exclude Yourself from the Settlement Receive no benefit from the Settlement. This is the only option that allows you to retain your right to bring any other lawsuit against the Defendants about the claims in this case.
Object Write to the Court if you do not like the terms of the Settlement.
Go to a Hearing Ask to speak in Court about the fairness of the Settlement.
Do Nothing You will receive any debt forgiveness to which you are entitled, but not be able to receive any cash payment, and will give up your right to bring your own lawsuit against the Defendants about the claims in this case.

These rights and options — and the deadlines to exercise them — are explained on this website.

The Court in charge of this case still has to decide whether to approve the Settlement. Cash payments and debt forgiveness will be provided if the Court approves the Settlement and after any appeals are resolved. Please be patient.

Important Dates

  • March 16, 2005 to August 13, 2010
    Class Period
  • May 5, 2017
    Deadline to request exclusion (“Opt Out”) from the Settlement
  • May 5, 2017
    Deadline to object to the Settlement
  • June 2, 2017 at 10:00 a.m EST
    Final Fairness Hearing
  • June 2, 2017
    Final Approval Order and Judgment Entered
  • June 19, 2017
    Deadline to submit a Claim Form
  • October 2017
    FirstMerit issues Debt Forgiveness
  • October 2, 2017
    Distribution of Check Payments