If You Paid Overdraft Fees to SunTrust Bank Resulting from an ATM or Debit Card Transaction,
You May Be a Member of a Certified Class and Your Rights May Be Affected.
The State Court of Fulton County, Georgia has certified a Class of SunTrust Bank account holders, which may include you. The case is Bickerstaff v. SunTrust Bank, Civil File No. 10-EV-010485-H.
The lawsuit alleges that certain of SunTrust’s Overdraft Fees constitute illegal interest and asserts claims for usury, conversion, and money had and received. SunTrust denies these claims, and the Court has not yet decided who is right.
No money is available now because the Court has not yet decided whether SunTrust did anything wrong, and the two sides have not settled the case. If money or other benefits are obtained, Class Members will be notified.
This Notice is only a summary of your legal rights and choices. A detailed Notice is available from this website or by writing to Bickerstaff v Suntrust Bank, P.O. Box 23489, Jacksonville, FL 32241-3489.
Am I a Member of the Class? You’re a Member of the Class if you meet the definition in the Court’s Order, which is:
Every Georgia citizen who had or has one or more accounts with SunTrust Bank and who, from July 12, 2006, to October 6, 2017:
- had at least one overdraft of $500 or less resulting from an ATM or debit card Transaction;
- paid any Overdraft Fees as a result of the Transaction; and
- did not receive a refund of those Fees.
To qualify as a “Georgia citizen” for purposes of this definition, you must have been a Georgia citizen on July 12, 2010 and on the date you paid an overdraft fee.
The class definition and class membership are subject to modification by the Court.
What Are My Rights and Options? You may either stay in the case or request to be excluded from it.
To stay in the case, you don’t need to do anything. If you stay in the case and are a Class Member:
- You may share in any cash recovery that results from this lawsuit.
- You will be bound by Court rulings and included in the judgment in this case, whether favorable or not.
- You will give up any right you might have to sue SunTrust in a separate lawsuit for these claims.
- You may enter an appearance through counsel.
- You will ratify the filing of the Complaint and elect to sue SunTrust in Court and to reject the requirement to arbitrate.
To request to be excluded, you must notify the Notice Administrator in writing by June 6, 2022.
If you timely and properly request exclusion:
- The Court will exclude you from the Class.
- You will not be entitled to any cash recovery that results from this lawsuit.
- You will not be bound by Court rulings in the case.
- You will keep any right you have to assert claims.