Update: the Settlement has received final approval from the Court. Approved settlement payments are scheduled to issue by the end of May.
If You Paid Overdraft Fees to Berkshire Bank, You May Be Eligible for a Payment from a Class Action Settlement.
January 8, 2020 - Deadline to Submit a Claim Form
January 8, 2020 - Deadline to Exclude Yourself from the Settlement
January 8, 2020 - Deadline to File an Objection
February 12, 2020 - Final Approval Hearing
- A $3 million Settlement has been reached in a class action lawsuit claiming that Berkshire Bank and Berkshire Hills Bancorp, Inc. (collectively, “Defendants”) improperly imposed overdraft fees in a manner inconsistent with customers’ account agreements and certain applicable laws. Defendants maintain that Berkshire Bank’s overdraft practices complied with its agreements and applicable laws. The Court has not decided which side is right.
- Current and former holders of Berkshire Bank consumer checking accounts, demand deposit accounts or savings accounts may be eligible for a payment or account credit from the Settlement Fund.
- Your legal rights are affected whether you act or don’t act. Please read the Class Notice for more information.
|SUMMARY OF YOU LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
GET A PAYMENT OR ACCOUNT CREDIT
|If you wish to receive a payment or account credit from the Settlement, you must submit a completed Claim Form by January 8, 2020. If the Court approves the Settlement and it becomes final and effective, all Settlement Class Members who have submitted timely and valid Claim Forms will be sent a payment or given an account credit. You will give up your right to bring your own lawsuit against Defendants about the claims in this case.|
EXCLUDE YOURSELF FROM THE SETTLEMENT
|Get no benefits from the Settlement. This is the only option that allows you to retain your right to bring any other lawsuit against Defendants about the claims in this case.|
|Write to the Court and the lawyers for both sides if you don’t like the Settlement.|
GO TO A HEARING
|Ask to speak in Court about the fairness of the Settlement.|
|You will not receive any payment or account credit from the Settlement, but will give up your rights to participate in further litigation against Defendants about the claims in this case.|