Gonzalez, et al. v. Banner Bank
Gonzalez NSF Fee Litigation
4:20-cv-05151-SAB

Welcome to the Gonzalez v. Banner Bank Settlement Website

If you had an account with Banner Bank (“Defendant”) and you were charged a nonsufficient funds (“NSF”) fee and/or Overdraft ("OD") Fee between August 28, 2014, and April 30, 2021, then you may be entitled to a payment from a class action settlement.

Important Update: Please be advised that the Final Fairness Hearing (on February 10, 2022 at 10:00 a.m.) will take place in Courtroom 902 at the Thomas S. Foley United States Courthouse located at 920 West Riverside Ave, Spokane, WA 99201. Any additional updates for the Hearing will be posted on this website. 

What is the lawsuit about?

The lawsuit alleges that Class Members were improperly charged Nonsufficient funds ("NSF") fees and/or Overdraft ("OD") feesThe “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.

Your Legal Rights and Options in this Settlement

ACTION DESCRIPTION
DO NOTHING If you have been assessed the type of NSF fee and/or OD Fee that is being challenged in this case, then you will receive a payment from the Settlement Fund so long as you do not exclude yourself. 
EXCLUDE YOURSELF FROM THE SETTLEMENT;
RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS

December 1, 2021
You can choose to exclude yourself from the Settlement or “opt out.” This means you choose not to participate in the Settlement. You will keep your individual claims against Defendant, but you will not receive a payment. If you want to recover against Defendant, then you will have to file a separate lawsuit or claim. 
OBJECT TO THE SETTLEMENT
December 1, 2021
You can file an objection with the Settlement Administrator explaining why you believe the Court should reject the Settlement. If your objection is overruled by the Court, you will receive a payment and you will not be able to sue Defendant for the claims asserted in this litigation. If the Court agrees with your objection, then the Settlement may not be approved.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Gonzalez v. Banner Bank Settlement
c/o JND Legal Administration
P.O. Box 91065
Seattle, WA 98111