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.
|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.|