A settlement has been reached in a class action lawsuit alleging Golden 1 Credit Union improperly imposed overdraft fees even when members had enough money in their checking account to cover the transaction. If you had a checking account with the Golden 1 Credit Union and were charged a courtesy pay overdraft fee between April 2, 2009 and April 30, 2015, you may be entitled to payment from the class action settlement.
The Golden 1 overdraft fee settlement will resolve allegations that Golden 1 Credit Union members incurred an overdraft fee for a debit card, check or ACH transaction when they had a positive ledger balance in their checking account that was sufficient to cover the transaction, despite an insufficient available balance, and such overdraft fees exceed the eligible overdraft credits they received within 30 days of the transaction.
The overdraft fee settlement will also resolve claims by Golden 1 Credit Union members who opted-in to the Courtesy Pay for Everyday Debit Card Transactions program on the relevant dates, and who incurred overdraft fees for debit card transactions while opted-in to the program.
Plaintiff Isabel Manwaring filed the overdraft fee class action lawsuit, alleging she was improperly charged the courtesy pay overdraft fees in those circumstances. She alleges it was improper for Golden 1 to charge courtesy pay overdraft fees when there was a positive ledger balance in her checking account that was enough to cover the transaction even though she had a negative available balance on her account.
Further, Manwaring alleges Golden 1 used a process to enroll members on the relevant dates in its overdraft program, which violated federal regulations that require affirmative consent to enrolling in an overdraft program. Her overdraft fee class action lawsuit asserted claims for violations of the California Unfair Competition Law, Breach of Contract, Negligent Misrepresentation, Unjust Enrichment, and Money Had and Received.
Golden 1 denies the allegations but agreed to settle the credit union overdraft fee class action lawsuit to avoid the expense and uncertainty associated with ongoing litigation.
Who’s Eligible
If you had a checking account with the Golden 1 Credit Union and you were charged a courtesy pay overdraft fee between April 2, 2009 and April 30, 2015, you may be entitled to a payment from the class action settlement.
Potential Award
Class Members who submit valid and timely claims will be eligible to receive payment for up to 10 eligible overdraft fees they were charged, less any amount Golden 1 credited back within 30 days of the date the overdraft fee was assessed.
Depending on the number of valid claims filed, the actual amount each Class Member is entitled to receive may be reduced on a pro rata basis.
Proof of Purchase
N/A
Claim Form Deadline
11/9/2015
Case Name
Manwaring v. Golden 1 Credit Union, Case No. 34-2013-00142667, in Sacramento County Superior Court
Final Hearing
12/9/2015
Settlement Website
Claims Administrator
Manwaring v. Golden 1 Credit Union
P.O. Box 8060
San Rafael, CA 94912-8060
1-844-656-0348
info@Golden1OverdraftSettlement.com
Class Counsel
Richard D. McCune
Jae (Eddie) K. Kim
MCCUNEWRIGHT LLP
Taras Kick
THE KICK LAW FIRM APC
Defense Counsel
DOWNEY BRAND LLP
If your credit union charged you overdraft fees, you may have a legal claim. Obtain a free case evaluation now.
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