City National Bank Debit Card Customers File Class Action Lawsuit Against City National Bank Over Overdraft Fees.
A class action lawsuit has been filed against City National Bank in Kanawha Circuit Court, West Virginia alleging that City National Bank unfairly assessed overdraft fees due to the way debit card transactions were posted, according to a class action lawsuit news report.
The City National Bank overdraft fee class action complaint reportedly alleges, among other things, that City National re-orders debit card transactions from the highest to lowest dollar amount so as to deplete the customer’s available funds as quickly as possible while maximizing the number of overdraft fees, charges overdraft fees even where a customer has not overdrawn his checking account, and charges overdraft fees even where City National did not pay out more funds than were in the customer’s City National checking account.
If You Have Thoughts On The City National Bank Overdraft Fee Class Action Lawsuit, Share Your Class Action Lawsuit Comments Below.
Here is my suggestion, see who is with me…. If we do not receive anything by Friday (giving them the benefit of the doubt and the mail time to run, just in case) we all call the Attorney General’s office and file complaints. I mean enough is enough. If we can stick together as a group, it will sure help our case. While we are waiting on OUR money, it’s sitting and drawing interest. Who is getting that????? Not us, that’s for sure.
I’m with you Mattie. I even made the same comment last week but the moderator didn’t post it. I still think we’ll see nothing or so little it will be unbelievable. I’ve been through this before in a Class Action and the Lawyers got $44,ooo,ooo., I got $9. ,that’s correct,nine. It took over 2 years to get that.
yea whereis our money today is the 31st. no check or deposit!!!!! still waitin
I also haven’t received my deposit yet.
Why give them the benefit of the doubt when they never did us? What a scam!!
Your exactly right!!! I was wrong – by brain must have took a nap 🙂
Got info that there is a delay in payment and don’t look for anything before the end of August.
I just received the following response from the Claims Administrator:
Thank you for contacting the Claims Administrator.
There have been no cash payments, direct deposits or Debt Forgiveness deposits made at this time. There were some errors in mailings which have gone out and need to be addressed before payments will be made. We are pending final directive from counsel and will update our website with revised dates when they are available.
Having said that, I personally do not believe that payments will be pushed back beyond the end of August. Counsel wants this completed correctly and as soon as possible. We will update the website and phone message as soon as we have updated information.
I apologize for any inconvenience this has caused you.
We will literally never see a penny from this. I am glad to know that a couple of lawyers made a nice payday off of this. Very disappointed but this is how it goes.
Your right Joy. If we see anything it will be pennies on the dollar. Robbed by the Banks,then swindled by the Lawyers. Really getting to be a pattern in this Country.
I received a card in the mail stating if I did not respond I would still remain in settlement. I would like to know how much I will be getting. City would bounce checks on me for a couple of cents and did not correct infomation on their web site.
Thank you
Cindy Adkins
PO Box 1952
Saint Albans WV
25177
if i do not receive a deposit today, iwill file a complaint in the state attorney generals office tomorrow morning.
same here will file to this is bull crap lookin for something in the mail today the 31st. so now they are sayin the end of august. i bet thelawyers already got their”s. which it aint right
” I believe that banking institutions are more dangerous to our liberties than standing armies” Thomas Jefferson
“These capitalists generally act harmoniously and in concert,to fleece the people” Abraham Lincoln (Republican President)
I thought we would get some kind of letter saying we wont be getting anything I guess I wont loss faith
The longer they hold on to the money they get interest off the money, and they can charge more for the handling of the funes. I think we should reseve the interest and have a sayin what the lawers got not the court they are all in to it togeather and trying to get a cut, if they charge 1 dime for eneything after may 10 I think we should band together and go after them for unlawful use of funs
why would the claims administrator do this to class members. this is awful, to promise a payment, post the date and then not make the payments, this is cruel, i am filing my complaint aug 1,2012.
why could they not have posted an update a week ago stating no payout… how un professional.
Only in America can this shit go on. To say unprofessional is an understatement!! The lawyers are jail poke artists along with banking institutions!!! I’d say worse!
THIS IS JUST ANOTHER EXAMPLE OF HOW THE SYSTEM WORKS AND WHEN IT WORKS AND FOR WHO IT WORKS FOR!!!!
I plan on filing a formal complaint with the AG Office first thing in the morning. I also will be filing a formal complaint against this law office with the BBB. I also plan on calling a few other class action lawyers to discuss wither there is any shot at suing the pants off the lawyers who are taking advantage of the situation. I hope they can prove in court that there was a reason for this delay…….I likely will not get a penny from either suit, but it makes me feel better to know that the money they got FOR my original issue with CNB, they will not get to keep either if I have my way.
have you all received a letter with what your supposed too get or e forgiven? my mail has been screwed up for 3 months and I haven’t gotten anything but they made thousands of dollars off of me doing this for the past 6 years so I know I’m included but I can’t get a hold of any ody just automated lines. please help me somebody
I’ve looked over the class action suit and it leaves anyone involved without a leg to stand on if they take action with the W.V. Attorney Generals office or try to file suit against the bank. If you’ll read it you’ll see that you relinquished those rights by joining the class action suit. Nowhere does it say you can’t take action against the Law firm that brought the action or it’s administrator. You could make some inquires with the U.S. Attorneys Office for the Southern District of W.V. Info below;
UNITED STATES ATTORNEY’S OFFICE
Mailing Address:
Post Office Box 1713
Charleston, WV 25326
Shipping Address:
300 Virginia Street, East
Suite 4000
Charleston, WV 25301
Phone:
Main: (304) 345-2200
Fax: (304) 347-5104
Like everyone else I received the card regarding the suit against City National Bank. The card stated if you wanted to be part of the suit you simply had to do nothing. This is what I received from the Administrator today. I will be contacting an attorney.
Dear Claimant,
We could not find you in our database with the information below. Please provide any other addresses and names that your claim be under so that we may locate you in our system.
Regards,
Office of the Settlement Administrator
If anyone has the card they received in the mail concerning the class action suit could you please copy and past it to this site. I’ve misplaced mine and would like to read it again to be certain I’m not in error. I be leave it stated that if you wished to be a part of the class action you didn’t have to do anything. Am I correct in this assumption?
I, too, was involved in the lawsuit, and received a card that indicated a settlement/funds would be paid out in July. Tomorrow is Aug 1. Nothing..nada…Count me in on whatever needs to be done to inquire about this situation.
razorback: when I tried to figure out the legal mumbo jumbo on the website, I still DO NOT know how much each of will will get. All I could understand is that the attorneys would make money off the woes we had to endure.
Sorry, my last post was addressed to razorsharp.
Administrator
info@nationalcityclass.com
you may not like the response you get.Mine says they can’t find me even though I received and opted into settlement.
As a Class, we are suppose to be represented by these lawyers. What a joke !!!! Also, to the lady who said the banks never gave us benefit of doubt – your right – I was wrong for even thinking for a minute of giving them the benefit of the doubt. I believe the problem now is the attorney’s have the funds and they don’t want to take the money out of their account when it’s drawing all that nice interest for them. The class notice does say we can’t sue seperately if we are part of the class, but it doesn’t say we can file complaints against the law firm for not representing the class (us) fairly.
Mattie; Good point. I’m sure there are lawyers out there that would be glad to jump on this situation.
Patrick; thanks for the info; I just sent them an email to see if I have been conveniently elminated as a member. 🙁
I called the lawyers office 30 days ago and he knew what my amount would be – 40.00 for two items.
First, I know I had more items than that.
Second, I feel someone should do something outside of our state to see what kind of methods they used to even know who was done this way.
This is why I feel it is a scam for the main claimant and the lawyers to get some money and use us as their bait.
Why is all the methods and knowledge unseen and unpublished?
I hope someone will call the Attorney General’s Office unless they would have some interest in not following up on this either since City is a pretty big corporation in West Virginia.
if we all call the attorneys office can they tell us all how much we will receive and when????
i am going to file a complaint against the attorneys with the state attorneys office and the bar association.
the website has been updated
Tina, did you have to document your items, or did the legal staff look into it. I had a horrible time with the bank, and had to pay numerous overdraft fees because my husband passed away suddenly, and the Branch manager didn’t know how to stop his 3rd party bill paying service. God, what a nightmare that was. I shudder now to think about what I went through!!
Lola, can you please post a link to the website
http://www.citynationalclass.com
we have 10 more days before we hear anything. i have a direct phone to the lawyers office and he told me my name was on there and that i will reveive my money by the 30th of this month
Carolyn,
I didn’t document them because I was going through some hard times and relied on the overdraft insurance so it made me have the attitude that it was my fault but when I would see the order of the drafts, i would say to my partner, “why does it always seem like the largest draft is first, then they follow in order of amount”. I thought well, they have a good system here if the software is programmed to do this on purpose and I really thought that it was just a normal thing. But then, i got the class action card in the mail, and i realized it was something that was rigged and that the rigging was unlawful so it was way too late to document anything or take the time.
Greg – Thanks!
Tina, I received the notification card in the mail also. I THOUGHT I read it as I had two choices: do nothing and be included in the lawsuit, or opt out. So, I documented nothing. Guess I blew it. Oh well, WTH.
anyone know when we will recieve this settlement?
Carolyn
Same card same message. Now the say they can’t find me in the system. Again I ask if anyone has their card could you post it here. I think we were purposely misled and if so we could file complaints as a group.
Jody
don’t hold your breath,we’ve been scammed.
If anyone of you have a web site where we could come together as a united front we may have a chance to take action.
I never even received a card. I only received letters back before May.
This is what I received by mail. Now they are trying to say I’m not in their system
Your legal rights are affected whether you act or don’t act. Read this notice carefully.
Do NOTHiNG
Automatically get a payment or debt reduction. Give up rights
to sue City National about the legal claims in this case.
EXCLUDE YOURSELF
Get no payment or debt reduction. This is the only option that
allows you to ever be part of another lawsuit against City National
about the legal claims in this case.
OBJECT Write to the Court about why you don’t like the settlement.
Go TO A HEARING Ask to speak in Court about the fairness of the settlement.
These rights and options-and the deadlines to exercise them-are explained in this notice.
PATRICK – so I’m NOT crazy!!! (still debateable – lol) That’s exactly what my card said. I can’t for the life of me, understand why I misplaced it. However, I did write to the admin to ask if I was in their database, but no response. (surprise, surprise).
Question: Do you think we could create a page on facebook for what you’re proposing? In the meantime, I can look into possibly coming up with a website.
JODY – per Greg: http://www.citynationalclass.com
Patrick, we can “create a group” on Facebook. All who are involved have to be a member of Facebook, however. Your thoughts? Anyone?
I’m in if someone wants to start a facebook page. Has anyone called the AG’s office? And if so, what did you find out?
anyone wanting to know the amount of their payment and when to recieve it, call the attorneys office, @ bailey and glasser in charleston, ask for john barret or john marshall.. they will help you.
Allison – I called this number: 304 932 0858; was told to speak to YET another person, Arnold Mason. I provided him with my information and he’s looking into wheter I have been included in the settlement agreement. He gave me the same information as is stated on the updated website:
http://www.citynationalclass.com
i.e. the Judge has granted the settlement people an additional 30 days to inform/notify everyone due to the large amount of affected parties. Mason says he will get back to me in a couple of days.
MATTIE – if you’re a member of Facebook, I need a “friend’s” name on here to start the group. Do you want to request me as a friend on FB at:
carolyn.monroe.18@facebook.com or do a search for Carolyn Monroe
Anyone on here is welcome to request me~
Allison- I have called the Bailey and Glasser law office several times only to be forwarded to an answering machine. I have left several messages and have never received a return call.
the law firm is answering all questions, if you call they will tell you when they r paying out to the class memebers. and if you r on the list.
call 304-923-0858
I got the card, then I got a letter stating debt forgiveness, then I got a letter stating the 1st letter was incorrect that I would get $$ in the form of a check instead if debt forgiveness. and it “should” be sometime around the end of July for the funds to be sent…still waiting.
Same thing happened to me and still waiting for the money 🙁
thanks for the info:
mr mason is very nice, its gonna be ok. there is so many clients they owe,
he answered all my questions and will call me back asap, when he knows the $ amount i will receive .
hes nice
I called, all I got was mailbox not set up yet….not sure I am buying the claims that the office will help.
Rebecca make sure you dial 932 0858 I live where 923 is a suffix and kept dialing it it is 932 and you get an answering machine.
So did the lawyer say how much and when wr. Eill get pay
Carolyn- I would like to be on the facebook group also, if someone is doing it. Let me know how. I only received 1 notice and didn’t do anything because that was the way I understood it. I called Mr Mason today and left a message. 304-345-6555
Mr. Mason called me back right away (like 15 minutes later). He is checking to see if I am on the list and that will take a couple of days and he will let me know. The administrator has extended payout time frame until 8-30-2012 because of the large amount of names and addresses that need to be included.
Shari – I am re-posting this message:
if you’re a member of Facebook, I need a “friend’s” name on here to start the group. Do you want to request me as a friend on FB at:
carolyn.monroe.18@facebook.com or do a search for Carolyn Monroe
Anyone on here is welcome to request me~
had 4 accounts with city & I am a class member I wonder if this action covers only the debit card overcharges? My account is where they screwed me the worst most of the time they took my whole paycheck & did not care when overdraft charges were $180. & higher & by the time I would recover some of it I would be left setting in the dark & it got so bad they bounced ny morgage payment that was set up to com straight out of the account that had direct deposit how does that happen???
Patrick, I have my original card sent to me regarding the class action info. I will paste for you to review @ your leisure. By the way, you are not crazy and it says exactly what you were saying about doing nothing or opting out. Will paste and post for you to see.
GREG, OTHERS – PLEASE, let’s start a FACEBOOK GROUP. I will start one; I simply need someone (ONE of you now) to befriend me so that I can start THE GROUP.
Search for Carolyn Monroe, or type in my email address to befriend me….someone, anyone????
Alright, I started the group. Feel free to join.
https://www.facebook.com/groups/225926344196000/#!/groups/225926344196000/
Carolyn I can’t find you on facebook. Too many Carolyn Monroe’s. I tried the email address but nothing either.
Joy, must be my settings. I will check them. Here is the link created for the group:
https://www.facebook.com/groups/225926344196000/#!/groups/225926344196000/
Looks like I have to add names – unless you request to be my friend. Tell me yours and I will add you to the group.
So to those who say they talked to the lawyers, what are you getting back? I did email, so we shall see, will update as soon as they tell me something
Rebecca – care to join us here?
https://www.facebook.com/groups/225926344196000/#!/groups/225926344196000
I’m getting ready to post an update from Attorney’s office.
I received a letter on June 15, 2012 telling me I had $501.39 in forgiveness because of an outstanding overdraft debt. I have been trying to get in touch with these people ever since. I have paid my debt off and actually like an idiot opened another account with City National and ended up having to close that one too…..I am wondering why they are just giving me a Debt Forgiveness, and not the cash that I had to scrape and save to pay off. I believe I am entitled to have the $501.39 in cash and not forgiveness. There is proof my debt was paid and I was able to open another account only to be overcharged again. What do I do to get this cleared up, all numbers and websites are recordings and there is not one single human being available for me to talk to in person……..Desperate for my money back!!!! Also, I am with the person who said we all were scammed and we should unite together!!! I am Lola Casdorph and my e-mail address is crazy-sis-of-offroader@live. also I am Lola Louise Casdorph on facebook, please note why you are requesting my frienship on facebook if you do…
Lola
I for one, am closing my account with City after I recieve my menial check for 40.00 which is not right and we don’t even have the access to know how they came up with their calculations. I really am sick of the whole bank anyway and I will never be part of a class action suit again when all it did was give the lawyers and Tim Casto some money worth talking about and I would like to know how many true overdrafts this Tim Casto had himself or did he just do some research on his own and find out it was a good way to make a pile of money along with the lawyers. I have no trust for anyone – unless you are filthy rich you have no respect from Banks or Lending Institutions so I might as well hop along to my local credit union and I have been with City since it’s beginning and since it was all the other banks before that plus not only that, i have my mortgage with city which I wish I could move it to another bank also. City was dirty several years ago and got off the hook and now they are portrayed as an awesome self supporting bank because they didn’t have to take any federal loan money. Well, no wonder, they have concocted up ideas on how to steal money from regular joes that are taken advantage of when they have money lows. I have no trust in the Attorney General office either. They are political too.
I spoke with the attorney’s office yesterday. They verified I was on the list and I would be getting a check but they said they could not tell me what I would be getting because the numbers have not been verified yet. Lola – I wonder where they pulled your amount from? Hopefully you will end up getting more than $40.00 but who knows, banks are nothing but legilized thiefs. The lawyer told me they are under court order to have the checks out by August 30th and they probably would not go into the mail until that last day. (Of course the lawyers are holding on to the money as long as possible because of interest) Three million dollars will add up the interest pretty quickly. I appreciate this site where we can at least let our feelings be known. Banks are evil, evil, and evil !!!!!
I got another card in the mail today for yet another class action suite against JP Morgan Chase. It basically says the same thing only the dates are January 2013 for settlement.
Wonder if i will get nothing from it as well? LOL
I recieved a letter saying that i would get $247 end of july now it supposed to be end of august who knows we will see.
Mr. Mason called me back in 3 days (not bad), he verified that I am a member of the suit but could not tell me how much I would be getting. Mine will be a deposit because I do still have my account with City. They have until Aug 30 to take care of this. I’m not holding my breath or planning a vacation on my deposit.
I heard that I ain’t heard not one thing just whay
All everyone is posting I hope this is real but the bank can do what they want and when they want we shall c
i have a friend in this they told me they got a check for$16 5 days ago maybe we will all start getting ours. only we can hope
That’s right hope and prayer is all we got
Had anyone heard anything new yet
Has anyone heard any more scoop about our money? i have called that number at least four times and have not recieved a call back. Pelase add me on facebook jodyherold josh collins
how much are we gonna get 5.00
I think this whole thing is a bunch of crap if not a scam in itself. I’ve called and left three messages and not one retirn phone call. Come August 30th, if no one has posted that they have received any money I will contact the Attorney General in West Virginia to get him involved. Mr. McGraw loves to take on these kinds of predators. I’ve already received two payments years when he took on the payday loan people.
i also believe this is a setup to clear a deceptive bank, i too will contact the state attorney generals office.
I hope its not a scam we will c
Has anyone recived or heard anything yet plz. Post if so thanks
NOT holding my breath! Think we’ll get screwed by both the bank and the Lawyers. Aug. 31 The Revolt Begins against BOTH!!!!
The revolt will be on like you said
I am with anyone that wants to consider doing a suit against the lawyers as well as the administrators in this case. We likely would not see much, but at this point……I don’t care, so sick of lawyers who feed off of people they claim to be fighting for!!!
TORT REFORM!
Maybe get together a few hundred people and picket their offices in Charleston. Shine a light on them so to speak. I think most of the Class Action Participants are really going to be shocked at their settlements because the VAST MAJORITY will be going to the attorneys. True bottom feeders. It’s way the 1% er’s are where they are and the rest of us are nothing but bait. If you think it’s bad now, wait until after the election.
rteady for war so anothert lawyer can get share
this needs to become a major story on all the news channels in wv. we also need the state attorney general in on this… next is a lawsuit againt the law firm. even if its taken to the supreme courts. this has got to stop…
i do agree tort reform…. i am waiting for the 31st. then on my way to state and federal courts.
Rebecca count me in
Has anyone received any refund or monies yet? Tomorrow is the 30th and then Friday 31st. I was told in an e-mail that I am on the list to receive money but they would not say how much since they said they were still calculating accounts and this was about 2 weeks or so ago. I have not tried to call the telephone numbers of John Barrett or John Marshall 304-932-0858 or 304-923-0858 – could not get the exchange # correct.?? Has anyone been able to get through or find out anything? Please reply – thank you.
Mandi,
I have asked the same question as well even on the facebook page and the answer is NO. Not one person has received any info regarding the amounts. One member on the facebook page received a voice mail from the lawfirm stating the following:
“We have confirmed you are part of the zero balance class but the amounts of checks, if any, has not been approved by the settlement adminstrator.”
This was received 2 days ago. The key phrase I think is IF ANY. I don’t think we are getting much.
Nothing as of today.
Guess there will be a line outside the Attorney Generals office come Tuesday after the Holiday weekend.
I received the cards notifying me I was a class member. But I have never received letters. I thought the only people who would receive letters were those who were going to be part of the “debt forgiveness” I have never closed my City checking. I thought my money would be direct deposited???? I am so confused about this process!!!!!
Below is a copy of the email I just sent to the administrator. If we all stick together on this – we can make some progress.
I am inquiring about the settlement that is due to be mailed out by tomorrow. According to the group page on facebook, nobody has heard anything from the administrator. I know of at least 100 people who are going to the Attorney General’s Office on Tuesday September 4th if this is not resolved. Myself included. I want to know if administration costs are coming out of the class settlement because there is no excuse to these delays and it’s not fair to the class that the attorneys do not have their stuff together. They should of thought of that before they settled the case. Several of the class members are prepared to hire a attorney to file malpractice charges against the attorney’s in the case due to administration problems of the payouts.
I am actually holding out hope that this will be settled but my fellow class members are not so understanding. Also, regarding the interest on the fund, who is getting that?? Really folks, enough is enough and you need to update your website on a regular basis. Uninformed people are people that will push this with the Attorney General’s Office. Please have the common courtesy to answer this email.
When i called they told me i needed to speak with arnold mason., whinch i did and he said they had got an extension that all checks and or deposited would be made by the 30th of august and yet nothing.. i called again today and got voice mailed all day.. what a dang shame.. i got 2 cards and nothing more now a voice mail.. we are getting lied too.
SORRY PEOPLE WE HAVE BEEN HAD AGAIN IM AFRAID WE MUST MAKE A STAND.THE SQUEAKY WHEEL GETS THE MOST GREASE. YOU KNOW WHAT THAT MEANS!!!!!!
I will be down at the attorney generals office on Tuesday, along with at least 10 other friends and family members who are part of the suit, we all plan to file formal complaints. I also plan on making phone calls to other known class action lawyers to see who might be interested in taking the case against the lawyers and administrators on this case.
I am done with the games, it is not only rude, but unprofessional to not inform us of these issues, when we are notified it is after the fact.
So i guess its a no go for August 30th? Wonder when the website will update or if at all.
mail just ran, no check………..what a surprise
Finding a law firm to take on another law firm over a class action suit and Tort is going to be like carrying a snow ball thru hell. They would be biting themselves in the ass and killing their Golden Goose to take on any kind of TORT issue. Best bet would be the AG’s office at the capital building in Charleston. The Consumers Div. would probably be the best place to start. Darrel McGraw loves these types of issues to go after. Keep in mind that you CAN NOT go after City Bank,you signed that right away, but you may be able to go after the Law firm and Administrator. If anyone knows a good lawyer who works these types of cases you may want to get their counsel first to see if you have any kind of case. If so please post what you find out.
i to have all my bank statements, i contacted an attorney, he read the suit, and informed me, yes if the distrubtion is not accurate a lawsuit can be made against the law firm handling. i will also file a formal complaint against them with the attorney general,
Thanks lola
I have not received anything either .. Would love to be a part! I know they got a bunch of fees from me and even tried to do it again .. Posted my debits before my credits when I did internal transfers on a Saturday and the charges did not post until Monday night!! I called and mentioned the lawsuit and they gave me the overdraft fees back.
I have not received anything yet. This is just not right. If anyone knows anything else about this please let me know.
maybe they will direct deposit tonight and it will be in tomorrow
We might want to consider writing to the AG and sending a copy to the judge of record. Surely the judge can’t just keep granting continuances when they haven’t provided any notification to us as required by her ruling.
Looking forward to seeing you all at the AG’s Office Tuesday morning. Hopefully as a united front we can get something accomplished if not for ourselves for those in the future who face these problems. This is so unfair that a few wealthy lawyers increase their own wealth at our expense claiming to be the protectors for the victims. This has got to end! Our Political leaders,Corporate leaders and Lobbyist are on shaky ground today because the American people (a sleeping Giant) are starting to awaken. A Revolution is in the making. I’m tired of being screwed and not even kissed.
I’m with you Patrick we are all getting screwed. I’m not going to start a political debate but I believe as you that the American people have had about all they are going to take. I don’t know about everybody else, but in my life, everything is going up, up, up but my paycheck. When you are wealthy, gas raising 25 or 30 cents a gallon is no big deal but when you have to count every penny just to keep your ever increasing bills paid, it is a big deal. I always find it a insult when I am told every year the company and only afford a 2 1/2 increase in salary but they made 40 Billion in profit and the CEO got a six million dollar bonus. The cost of living goes up more than that every year, so I make more but just keep getting poorer. I have a good job and my wages are more than most and I have a hard time. I really feel for people with children at home they have to take care of. But I’m not going to go there but it is extremely frustrating when you work everyday and someone who doesn’t even try eats better than your family does. It does go on, I grew up around those people and have seen it first hand. I’ve worked since I was 16 years old without stopping and put myself through college by working full time and going to school at night. But no matter how hard you try, the government always screws the middle class. Corporate America has turned into a evil machine that will end up destroying this country if somebody doesn’t get some control over big oil, banks, and big insurance companys. And the biggest devil of them all – the banks. They almost bankrupted this country and it looks they are back on track to continue those same practices. I don’t mean to go on and on but my frustration level is pretty high and getting higher by the day. I don’t know about the rest of you, but I feel so powerless and it is extremely frustrating.
hi everyone,
i believe we all need call the attorney generals office today.
now having said that the wv bar association needs to hear from us..
the charleston gazette is very interested on the story also.
call all the local news channels and get interviews going.
I feel the same way – I understand. It is what it is. We are the “little people” as the 20 billion man said from BP. It is all about greed, sx, and money. It is really sad and our poor kids and grandchildren – it they don’ tknow how to whoo doo in this lift – they will never have anything. I dont’ want to them to be whoo dooers but this is survival of the fittest and evidently one has to do what they can to survive – or course we could sell our souls (and I would not do that) however, that is how the big fat cats have what they do – in the long run it will get them nowhere. Keep that in mind. (in the long run)…………….
Your right Mandi – I still have never seen a U-Haul parked in front of a Funeral Home, or pulled behind a hearse. So, in the long run, even all the money in the world is not going to save them.
i misspelled the word LIFE I had lift but meant life
Go to GOOGLE and type in SEARCH: If You Were Charged an overdraft fee by City National Bank
This will take you to the site to click to see the original card we got in the mail.
Paragraph H in the finale court document my preclude anyone from further action:
H. Further, City National and its past or present officers, directors, employees, agents, attorneys, predecessors, successors, affiliates, subsidiaries, divisions, and assigns have released and forever discharged and all legal claims, cross-claims, counterclaims, or other causes of action of any nature whatsoever against Plaintiff, class members, or class counsel arising from or related to matters identified in Paragraph F above, including but not limited to any claim for violations of federal, state, or other law (whether in contract, tort, or otherwise, including 533261
Bottom Line: What would you be if you were attached to another object by an inclined plane, wrapped helically around an axis.
That didn’t say we couldn’t scream our heads off to anyone that will listen. Being on the news will get their attention faster than anything.
After contacting someone from the law offices handling this case, i found out that this is all going to wrap up soon and our money sent ASAP… this has had to be a huge undertaking for that law firm, to go thru each account, find the discrepencies etc… give’em a break, I do believe this will all end very soon… and I really don’t expect to recover no where near what I was charged over the years… probably a very small percentage… My guess is that it won’t even be enough to fill up my gas tank…. Hope everyone has a wonderful weekend!
Suz your probably right, you’ll be lucky if you get enough to fill your gas tank. I’m not sorry that this is such a undertaking for the law firm. They are the ones making 10’s of millions under the pretext that they are helping the little guy whose being taken advantage of by the Big Bad bank. They are no better than the Banks, it’s just their turn to screw us. I hope they have to work 24/7 and their fingers bleed. Hope they all rot in HELL.
Suz – who did you talk to. Do you work with the lawyers – what do you mean we won’t get enough to fill up our gas tank. I paid over 3000.00 in fees for only TWO 2 of the 6 or 7 years this lawsuit is for. Mr. Casto is supposed to receive 7500.00 in this suit. I expect to get every cent I am entitled to.
Sounds like Suz has the inside track on this issue. I’m sorry but it is difficult to sympathize with a law firm that was paid a million dollars over and above any expenses they had incurred. We, on the other hand, can look forward to a few pennies on each dollar that was taken from us.
If you were charged an Overdraft
Fee by City National Bank from July
1, 2004 through May 31, 2010 you
could get a payment from a class
action settlement.
A court authorized this Notice. This is not a solicitation from a lawyer.
• A settlement has been reached in a class action lawsuit about the Overdraft Fees City National Bank
charged certain customers.
• The settlement will provide payments to eligible customers who were charged Overdraft Fees as a
result of City National’s practice of posting Debit Card Transactions to a City National Account in the
order of highest dollar amount to lowest dollar amount anytime from July 1, 2004 through May 31,
2010.
• Your legal rights are affected whether you act or don’t act. Read this notice carefully.
• These rights and options—and the deadlines to exercise them—are explained in this notice.
• The Court in charge of this case still has to decide whether to approve the settlement. Payments will
be made if the Court approves the settlement and after appeals are resolved, if there are any. Please
be patient.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING Automatically get a payment or debt reduction. Give up rights
to sue City National about the legal claims in this case.
EXCLUDE YOURSELF
Get no payment or debt reduction. This is the only option that
allows you to ever be part of another lawsuit against City National
about the legal claims in this case.
OBJECT Write to the Court about why you don’t like the settlement.
GO TO A HEARING Ask to speak in Court about the fairness of the settlement.
QUESTIONS? CALL 1-888-632-0710 TOLL FREE–OR–VISIT http://WWW.CITYNATIONALCLASS.COM
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WHAT THIS NOTICE CONTAINS
BASIC INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 3
1. Why was this notice issued?
2. What is the lawsuit about?
3. What is a class action?
4. Why is there a settlement?
WHO IS INCLUDED IN THE SETTLEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 4
5. How do I know if I am part of the settlement?
6. What are Overdraft Fees?
7. What if I am still not sure if I am included?
THE SETTLEMENT BENEFITS—WHAT YOU GET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 5
8. What does the settlement provide?
9. How much money can I get?
10. What rights am I giving up to get a payment and stay in the Class?
11. When will I get my payment?
12. How will I get my payment?
EXCLUDING YOURSELF FROM THE SETTLEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 6
13. How do I get out of the settlement?
14. If I exclude myself, will I still get money from this settlement?
15. If I don’t exclude myself, can I sue City National for the same thing later?
THE LAWYERS REPRESENTING YOU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 6
16. Do I have a lawyer in this case?
17. How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 7
18. How do I tell the Court if I don’t like the settlement?
19. What’s the difference between objecting and excluding?
THE COURT’S FAIRNESS HEARING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 7
20. When and where will the Court decide whether to approve the settlement?
21. Do I have to come to the hearing?
22. May I speak at the hearing?
IF YOU DO NOTHING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 8
23. What happens if I do nothing at all?
GETTING MORE INFORMATION . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 8
24. Are there more details about the settlement?
25. How do I get more information?
QUESTIONS? CALL 1-888-632-0710 TOLL FREE–OR–VISIT http://WWW.CITYNATIONALCLASS.COM
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BASIC INFORMATION
1. Why was this notice issued?
A Court authorized this 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 approve the
settlement. This notice explains the lawsuit, the settlement, your legal rights, what benefits are available,
and who can get them.
Judge Jennifer Bailey of the Circuit Court of Kanawha County, West Virginia is overseeing this class
action. The case is known as Casto v. City National Bank, N.A., Case No. Case No. 10-C-1089, filed on
June 17, 2010. The person who sued is called “Plaintiff,” and the company they sued, City National Bank,
is called “Defendant.”
2. What is this lawsuit about?
The lawsuit claims that City National didn’t post debit card transactions in the order that they were made,
but instead posted transactions in the order of highest dollar amount to lowest dollar amount. It also
claims that, as a result, the number of Overdraft Fees charged to certain accounts increased. City
National denies all the claims in the lawsuit and denies that it did anything wrong.
3. What is a class action?
In a class action, one or more people, called Class Representatives (in this case Thomas Casto), sue for
all people who have similar claims. The people included in the class action are called a Class or Class
Members. One court resolves the issues for all Class Members, except for those who exclude themselves
from the Class.
4. Why is there a settlement?
The Court did not decide in favor of the Plaintiff or the Defendant. Instead, both sides agreed to a
settlement. This way, they avoid the cost and risk of a trial, and the people affected get payments. The
proposed settlement does not mean that any law was broken or that City National did anything wrong.
The Class Representative and his attorneys think the proposed settlement is best for all Class Members.
WHO IS INCLUDED IN THE SETTLEMENT
5. Am I part of the settlement?
If you received a notice in the mail, City National’s records show that you are a Class Member and are
eligible for a payment. Generally, the Class includes everyone who had a personal checking account with
City National and was charged one or more Overdraft Fees as a result of City National’s practice of
posting Debit Card Transactions to a City National Account in the order of highest dollar amount to lowest
dollar amount anytime between July 1, 2004 through May 31, 2010.
6. What are overdraft fees?
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 include overdraft fees, insufficient fund fees,
QUESTIONS? CALL 1-888-632-0710 TOLL FREE–OR–VISIT http://WWW.CITYNATIONALCLASS.COM
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returned item fees, continuous negative balance fees and other similar fees, but do not include fees
charged when a check is return unpaid.
7. What if I am still not sure if I am included?
Visit http://www.citynationalclass.com, call 1-888-632-0710 or write to City National Bank Fee Settlement
Administrator, PO Box 0000, XXXXX, WV 00000-0000 for more information.
THE SETTLEMENT BENEFITS—WHAT YOU GET
8. What does the settlement provide?
The settlement is for $5.5 million – $3 million cash, plus $2.5 million in Debt Forgiveness to Class
Members who held an account that City National closed with an outstanding negative balance.
In addition, City National will separately pay for all costs associated with notifying Class Members and
administering the settlement.
9. How much money can I get?
City National’s business records identify which accountholders were harmed by the high-to-low reordering
practice, and how many times they paid an overdraft fee because of that practice. After deductions for
attorneys’ fees, costs, and expenses, as well as the Class Representative incentive payment (see
question 17), the cash portion of the settlement fund will be divided so that Class Members will receive a
payment for each time they paid an overdraft fee as a result of high-to-low reordering.
Class Members who held an account that City National closed with an outstanding negative balance will
not receive cash, but will receive the Debt Forgiveness Benefit. For these Class Members, Class
Counsel’s consultant, along with the Settlement Administrator, will determine which accountholders were
harmed by the high-to-low reordering practice, and how many times they were charged an overdraft fee
because of that practice. The Debt Forgiveness Benefit will be divided so that Class Members will have
their outstanding debt to City National reduced by a specific amount for each overdraft fee they were
charged because of high-to-low reordering.
10. When will I get my payment?
Payments and distribution of the Debt Forgiveness Benefit will be made if the Court approves the
settlement. The Court will hold a hearing on Month 00, 0000, to decide whether to approve the
settlement. It is possible there could be an appeal after the settlement is approved. Payments will not be
sent, and the Debt Forgiveness Benefit will not be distributed, until any appeal is resolved. This can take
time. Please be patient.
11. How will I get my payment?
Unless you exclude yourself from the settlement, your benefits will be distributed automatically. If you
currently have an account with City National, you will probably receive a direct deposit into the account
that was charged an Overdraft Fee or be sent a check in the mail. If you are no longer a City National
customer, you will be sent a check in the mail.
Class Members who are eligible for the Debt Forgiveness Benefit will receive a letter informing them of
the amount of debt to City National that has been eliminated as result of the settlement. If the Debt
QUESTIONS? CALL 1-888-632-0710 TOLL FREE–OR–VISIT http://WWW.CITYNATIONALCLASS.COM
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Forgiveness Benefit totally eliminates an uncollectible account’s negative closing balance, City National
will inform credit reporting agencies that any negative reporting related to that account should be
reversed.
12. What rights am I giving up to get a payment and stay in the Class?
Unless you exclude yourself, you are staying in the Class. If the settlement is approved and becomes
final, all of the Court’s orders will apply to you. That means you won’t be able to sue, continue to sue, or
be part of any other lawsuit against City National for the legal issues in this case. The specific rights you
are giving up are called released claims. The Released Claims are described in detail in section IV(C)(1)
of the Settlement Agreement which is available at http://www.citynationalclass.com.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you want to keep the right to sue or continue to sue City National about the legal claims in this case,
and you don’t want a payment from this settlement, then you must take steps to get out of the settlement.
This is called excluding yourself or is sometimes called opting out of the settlement Class.
13. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be
excluded from the Casto v. City National Bank, N.A settlement. Be sure to include your name, address,
telephone number, the account number(s) of your City National account(s), and the signature of everyone
whose name is on the account. You must mail your exclusion request so that it is postmarked by Month
00, 0000, to City National Bank Fee Settlement Administrator, PO Box 0000, XXXXX, WV 00000-0000.
14. If I exclude myself will I still get a payment from this settlement?
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Class in this
settlement. You can only get a payment if you stay in Class.
15. If I don’t exclude myself, can I still sue City National for the same thing later?
No. Unless you exclude yourself, you are giving up the right to sue City National for the claims that this
settlement resolves. You must exclude yourself from this Class to start or continue with your own lawsuit
or be part of any other lawsuit.
THE LAWYERS REPRESENTING YOU
16. Do I have a lawyer in this case?
Yes. The Court appointed the law firms of Bailey & Glasser LLP and Tycko & Zavareei LLP to represent
you and other Class Members. Together, these lawyers are called Class Counsel. You will not be
charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your
own expense.
QUESTIONS? CALL 1-888-632-0710 TOLL FREE–OR–VISIT http://WWW.CITYNATIONALCLASS.COM
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17. How will the lawyers be paid?
Class Counsel will ask the Court to approve up to 33% of the cash portion of the settlement fund ($1
million) in attorneys’ fees, plus reimbursement of their costs and expenses. They are not requesting any
fee on the $2.5 million in debt forgiveness. They will also ask the Court to approve that a payment of up
to $7,500 be paid to the Class Representative, Thomas Casto, for his help on behalf of the Class. The
Court may award less than these amounts. These amounts will be deducted from the cash portion of the
settlement fund before making payments to Class Members. City National does not oppose these fees,
expenses and payments.
OBJECTING TO THE SETTLEMENT
You can tell the Court if you don’t agree with the settlement or any part of it.
18. How do I tell the Court if I don’t like the settlement?
If you’re a Class Member, you can object to the settlement. You can give reasons why you think the Court
should not approve it. The Court will consider your views before making a decision. To object, you must
send a letter to Class Counsel and Defense Counsel stating that you object to the settlement in Casto v.
City National Bank, N.A.. Be sure to include your name, address, telephone number, City National
account number(s), signature, the reasons why you object to the settlement and whether you are
represented by an attorney. Mail your objection so that it is postmarked by Month 00, 0000 to:
Class Counsel Defense Counsel
John Barrett
Bailey & Glasser LLP
209 Capitol Street
Charleston, West Virginia 25301
A. L. Emch
Jackson Kelly PLLC
PO Box 553
Charleston, West Virginia 25332
19. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object
only if you stay in the Class (do not exclude yourself). Excluding yourself is telling the Court that you don’t
want to be part of the Class. If you exclude yourself, you cannot object because the case no longer
affects you.
THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may
ask to speak, but you don’t have to.
20. When and where will the Court decide whether to approve this settlement?
The Court will hold a Fairness Hearing at _:__ _.m. on ___day, Month 00, 0000, at the Circuit Court of
Kanawha County, West Virginia, _______________________. At this hearing, the Court will consider
whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider
them. Judge Bailey will listen to people who have asked to speak at the hearing (see Question 22). The
Court may also decide whether to approve Class Counsel’s requested fees and expenses. After the
QUESTIONS?
The above states that Thomas Casto will receive 7500.00 I wonder if Mr. Casto has received anything???
I can’t believe you copy and pasted the entire lawsuit when there was already a link to it on the page.
I’ve figured out way we haven’t been paid is because the law firm is too busy celebrating and partying in the Bahama’s to take care of business.