Tonya Gunter v. United Federal Credit Union

Welcome to the Tonya Gunter v. United Federal Credit Union Settlement Website

This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Tonya Gunter v. United Federal Credit Union, United States District Court for the District of Nevada, Case No. 3:15-cv-00483.

NATURE OF THE SETTLEMENT

A settlement has been reached with United Federal Credit Union (the "Defendant" or "UFCU") in a class action lawsuit claiming that UFCU did not properly opt members into its overdraft program for ATM and debit card payment transactions, and improperly charged Overdraft Fees when members had enough money in the ledger balances of their checking accounts, but not in their available balances, to pay for the transaction in question.

The Named Plaintiff claims UFCU did not properly opt members into its overdraft program for ATM and debit card payment transactions. Plaintiff also alleges UFCU improperly charged overdraft fees when members had enough money in the ledger balances of their checking accounts, but not in their available balances, to pay for the transaction in question. The Named Plaintiff is seeking a refund of alleged improper Overdraft Fees charged to Class Member accounts. UFCU does not deny it charged Overdraft Fees, but contends it did so properly and in accordance with the terms of its agreements and applicable law. UFCU assessed Overdraft Fees based on the available balance in a member’s account. UFCU maintains that this practice is proper and was disclosed to its members, and therefore denies that its practices give rise to claims for damages by the Named Plaintiff or any Class Member. UFCU also alleges that it properly gave notice and opted members into its overdraft program for ATM and debit card transactions.

THE SETTLEMENT CASS

There are two groups included in this proposed class action settlement. The first is all members of UFCU who were charged an Overdraft Fee for any payment transaction from October 3, 2011 to September 30, 2018, and, at the time such fee was imposed, that person had sufficient funds in the ledger balance but not the available balance in his or her account to complete the transaction. The second group is all members of UFCU who were charged Overdraft Fees for ATM and debit card transaction for the first time from August 15, 2010 to September 30, 2018. The persons in these groups are collectively called the "Class Members."

If you received the Notice, then UFCU’s records indicate that you are a Class Member who is entitled to receive a payment or credit to your account.