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Bank of Hawaii Class Action Settlement Of Overdraft Fee Class Action Lawsuit

If you were charged overdraft fees by Bank of Hawai’i from February 15, 2005 through August 15, 2010, you could get a payment from a Bank of Hawaii overdraft fee class action settlement.

A class action settlement has been reached in a class action lawsuit against Bank of Hawai’i (“Bank of Hawai’i” or “Defendant”) in the Circuit Court of the First Circuit in the State of Hawaii (styled Taulava, et.al. v. Bank of Hawaii, et al., Class Action Case No. 11-1-0337-02) alleging, among other things, that Bank of Hawai’i didn’t post debit card and ATM transactions in the order that they were made, but instead posted transactions in the order of highest dollar amount to lowest dollar amount, allegedly resulting in an increase in the number of overdraft fees charged to certain accounts, according to the Bank of Hawaii overdraft fee class action settlement notice.

Generally, the Bank of Hawaii overdraft fee Class includes persons and entities who had a personal checking account with Bank of Hawai’i and were charged two or more overdraft fees on debit card or ATM transactions on a single banking day anytime between February 15, 2005 through August 15, 2010.

Overdraft fees are charged when the amount of money to be paid from your account exceeds the amount of money available in your account. Overdraft fees do not include fees charged when a check is returned unpaid. For the purposes of this settlement, a Qualifying Overdraft Fee means overdraft fees incurred by a Class Member on a single banking day on which the Class Member incurred two or more overdraft fees on debit card or ATM transactions.

The settlement is reportedly for $9 million, out of which costs of settlement administration and notice, class representative awards, and attorneys’ fees, and payments to Class Members will be made. Bank of Hawai’i will use its business records to identify each day during the class period on which a Class Member had two or more overdraft fees on his or her account and will then determine the total number of overdrafts for the Class Member on these days (the Individual Total). The Individual Totals of all Class Members will then be added to determine the total number of overdrafts for the entire Class during the class period (the Class Total). After deducting the expenses discussed above, the balance of the settlement amount will be divided by the Class Total and the resulting amount will be the reimbursement value for each overdraft. Each Class Member’s Individual Total will then be multiplied by the reimbursement value to determine individual payment amounts.

Visit www.taulavaoverdraftsettlement.com, call 1-888-579-1194 or write to Bank of Hawai’i Bank Fee Settlement Administrator, Taulava, et al. v. Bank of Hawai’i, et al., c/o GCG, Inc., P.O. Box 9768, Dublin, OH 43017-5668 for more information.

If You Have Thoughts On The Bank of Hawaii Overdraft Fee Class Action Lawsuit Settlement, Share Your Bank of Hawaii Class Action Settlement Comments Below.

{ 18 comments… add one }

  • Jacqueline S. Losongco February 21, 2012, 6:41 pm

    Any news about the settlement as the court hearing was scheduled for Feb 14, 2012.

  • Jacqueline S. Losongco February 21, 2012, 6:42 pm

    Any update on the settlement

  • Milton April 4, 2012, 5:08 pm

    I spoke to one of the attorneys representing the class last week and he said that Bank Of Hawaii would be “mailing” out checks to all eligible class members on Tuesday April 3, 2012 which of course was yesterday. Check your mail today or tomorrow. My concern is that I don’t know if there was a 3rd party auditor to determine the correct amounts of incidents per each account. Oh well just gotta trust I guess. I’d also like to thank the Taulava’s for doing this. I had argued with the bank for years about this same issue but grudgingly just accepted their practices as part of doing business with them. What a wake up call for me.

    • Carolle April 9, 2012, 12:58 pm

      I hear ya! Milton. when they want it, they wqnt it right away.

      When we’re due, we gotta wait! I hear we’re only getting $43.00!

  • Atoigue, Laurie T April 5, 2012, 12:39 am

    Checking is my name on that list.

    • Carolle April 9, 2012, 1:02 pm

      How?

  • Milton April 6, 2012, 12:50 pm

    Well, it’s April 6, 2012 – 3 days after the settlement checks were “supposed” to be mailed out to us. That is, of course, according to one of the attorneys who left a message for me after I called to ask about this. I still haven’t received mine yet. I guess I just have to try that number again (1-888-579-1194). Or maybe I’ll call Perkin & Faria, Kopelowitz Ostrow, Chitwood Harley Harnes, LLP, and Tycko & Zavareei, LLP. Those are the class lawyers in this case. You guys try to and whoever can get a definitive answer as to when we’ll get back what we rightfully deserve, please post it here. Thanks.

  • john armstrong April 8, 2012, 8:52 pm

    i received a letter stating i would be getting money from this class action…..no check yet.

  • Carolle April 9, 2012, 1:01 pm

    Yes, “Mahalo” to the Taluva’s for having the “Testicular Fortitude” to face these crooks. I wonder how many Vacations we funded?

  • Carl April 10, 2012, 6:38 pm

    When I spoke to who ever it was that called me back a couple of weeks ago I was told we ‘should’ receive payment the middle of April. At this point I have neither heard nor received any news. It would be nice to know when to actually expect it.

  • Milton April 11, 2012, 4:56 pm

    Thanks Carl. Initially they called me back and said that the bank would be mailing out the checks on April 3. So now it’s the middle of April. Oh well. That is fine with me. I think that as long as they can give us some definitive word on approximately when to expect the checks – then it’s okay. As opposed to having no one in any offical capacity making any kind of statement. Don’t get me wrong, I am grateful that they sued on my behalf and got a settlement without my having to do much of anything. But it would just be nice to know what’s going on since they did involve me once I received that eligibility letter. Don’t you think?

  • Milton April 12, 2012, 3:33 pm

    Well, I finally received it today. If you are an account holder with BOH and were at the time of the settlement, then you will get an automatic deposit in your account. If you no longer have an account with them then they will mail it to you. I just did a very rough estimate on the amount of times I was charged an overdraft fee and divided it by the amount I received and it appears that we’re getting back about $2 or $3 dollars for every $26.00 charge we incurred. What a joke! Of course it’s a rough estimate because – unfortunately – I don’t have my statements from 5 or 6 years ago. And, trying to get back statements from them would cost me more time and energy than I’m willing to put forth now. I have put in another call to the settlement administrator to find out exactly how much money we’re supposed to be getting back per overdraft fee and will advise if I get a solid answer. I have learned one thing from this experience. If I’m ever a part of a class action suit in the future, I will really consider opting out and pursuing my own suit. I can almost guarantee that the 8 or 10 people that did opt out will be awarded much more from their respective lawsuits than we got. Live and learn.

  • John D. April 13, 2012, 2:51 am

    Complete b.s.! Only $33? F@%k Boh.

  • Carl April 13, 2012, 2:29 pm

    I received mine also Milton…unbelievable!!! I wonder if this is an installment or the final total…I guess that goes under ‘that’s how they get you’. Please let us know if you hear anything to the contrary.

  • Carolle April 13, 2012, 7:20 pm

    I received mine in the Bank Account. About time!

  • patty April 14, 2012, 11:49 pm

    WOW – I got a whopping $4.46!!!!! This is after years of complaining about this very thing. And by the way……no explanation from BOH on the automatic deposit.

  • castro April 24, 2012, 9:17 am

    Well dig this my husband was deployed we have a joint account n he opened his own so that he will have his own account to spend his share well boh mailed his card but gave him an additonal card for the same account so therefore he has two cards for one account so what had happened was i would have alot of over draft because of there carlessness i would get upset at my husband asking him y is he using his card for the joint but he never did i didnt find out about the duplicate card until he got back n we discovered it but boh can only go back tbree month on the reiumburstment so i closed my account with them . they wouldnt give back the rest of the money for the past 9 months

  • amtmaui September 17, 2013, 12:36 am

    Crooks, every single one of them. How much do they charge again? $35 each time not including extras. Have they been doing this long or just the month it shows above? I got a total of $16.97 and I remember it was a hard month for me. they charged me up the ass. Thieves and crooks every single bank there is. Thats why i dont use banks anymore.
    I would rather pay $20.00 TO have a check cashing place do it. Banks really Fn suck

    They suck

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