Wodja v. Washington State Employees Credit Union

www.WSECUOverdraftFeesSettlement.com


Overview

IMPORTANT UPDATE

On June 22, 2018, the Court granted final approval of the Settlement. At this time, it is anticipated that payments to all eligible Class Members will be mailed on or around October 20, 2018.

If you had a checking account with Washington State Employees Credit Union (“WSECU”) and you were charged an overdraft privilege fee between October 1, 2009 AND December 31, 2016, then you may be entitled to a payment from a class action settlement.

OVERVIEW OF THE PROPOSED SETTLEMENT

The lawsuit that is being settled is entitled Todd Wodja v. Washington State Employees Credit Union, Superior Court of the State of Washington, County of Pierce, Case No. 16-2-12148-4. The case is a “class action.” The “Named Plaintiff,” Todd Wodja filed this lawsuit on behalf of WSECU members who were charged an overdraft privilege fee for non-recurring debit card or ATM transactions at any time from October 1, 2009 through December 31, 2016, 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. This group is called the “Class Members.” The lawsuit asserts claims for breach of contract and other causes of action, and seeks a refund of those overdraft privilege fees.

WSECU contends that the overdraft privilege fees it charged were proper and in accordance with the terms of its member account agreements with the Class Members and applicable law which allow WSECU to determine overdrafts based on the available balance in a member’s account. WSECU maintains that this practice was properly disclosed to and agreed on by its members and denies that the charges give rise to claims for damages by Mr. Wodja or any class member.

Your rights - and the deadlines to exercise them - are explained on this website and on the Notice.

The court still must hold a hearing to decide whether to grant final approval to this settlement. Class Members will receive the relief only if the court grants final approval and after any appeals are resolved in favor of the settlement.


Important Dates
APPROVE THE SETTLEMENT AND RECEIVE A PAYMENT; YOU NEED NOT DO ANYTHING Unless you exclude yourself from the settlement (see the next paragraph), then you will receive a check.
EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against WSECU, but you will not receive a payment. If you want to recover against WSECU, you will have to file a separate lawsuit or claim at your own expense. The deadline for excluding yourself is May 6, 2018.
OBJECT TO THE SETTLEMENT You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, you will receive a payment and you will not be able to sue WSECU for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved. The deadline for objecting is May 26, 2018.

Notice

To find out details regarding the terms of the Settlement, how to file a claim, how to exclude yourself from or object to the Settlement, please consult the Notice.

Additional Information

This website only summarizes the proposed settlement. More details are contained in the settlement agreement, which can be viewed here or at the Office of the Clerk of the Superior Court of the State of Washington in and for the County of Pierce, which is located at 930 Tacoma Ave. S., Tacoma, Washington 98402, by asking for the court file containing the Motion For Preliminary approval of Class Settlement (the agreement is attached to the motion).

For additional information about the settlement and/or to obtain copies of the Settlement Agreement, or to change your address for purposes of receiving a payment, you should contact the Claims Administrator as follows:

Wodja v. Washington State Employees Credit Union Claims Administrator c/o GCG P.O. Box 10558 Dublin, Ohio 43017-4521

For more information you also can contact the Class Counsel as follows:

Richard D. McCune Jae (Eddie) K. Kim McCune Wright Alevaro LLP 3281 E. Guasti Road, Ste. 100 Ontario, CA 91761 Telephone: (909) 557-1250 jkk@mccunewright.com Taras Kick The Kick Law Firm, APC 815 Moraga Drive Los Angeles, CA 90049 Telephone: (310) 395-2988 Taras@kicklawfirm.com

PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF WSECU CONCERNING THE NOTICE OR THE SETTLEMENT