What is the lawsuit about?

The lawsuit alleges that Class Members were improperly charged Nonsufficient funds ("NSF") fees and/or Overdraft ("OD") fees. The “Named Plaintiffs,” Deanna Deloney and Erricka Gonzalez, are individuals who are acting on behalf of a group that includes all customers of Banner Bank ("Defendant") who were charged an NSF or OD fee on their accounts for a single payment submitted to Defendant for collection during the Class Period—from August 28, 2014 through April 30, 2021 for Oregon and Washington citizens, and August 28, 2016 to April 30, 2021 for Idaho and California citizens—which request for collection initially was 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 OD Fees.

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

Who is included?

The Settlement Class includes all customers of Defendant who were charged an NSF or OD fee on their accounts for a single payment submitted to Defendant for collection during the Class Period—from August 28, 2014 through April 30, 2021 for Oregon and Washington citizens, and August 28, 2016 to April 30, 2021 for Idaho and California citizens—which request for collection initially was 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 OD Fees.

What does the Settlement provide?

Defendant has agreed to create a Settlement Fund of $1,000,000.00. After deducting attorneys’ fees, litigation costs and a service award to the Named Plaintiffs, the balance of the Settlement Fund will be allocated to all Class Members proportionally. In addition, as a result of this lawsuit, Defendant has implemented changes to its disclosures that clarify Defendant’s NSF and OD fee practices and will pay the costs of notice and administration separately.