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Frequently Asked Questions


What is the current status of the case?

Answer:

    The Court granted Final Approval of the Settlement on March 25, 2014.  The Effective Date of the Settlement is May 13, 2014.  Distribution of awards by account credit is scheduled to occur on or about June 6, 2014, for current account holders.  Former account holders and a small number of current customers, such as those with inactive accounts, will receive a check by mail, currently scheduled to be mailed on or about June 19, 2014.

    Most current Trustmark customers will see a credit to their account effective on or about June 6, 2014 with the following descriptor on their account statements; "OVERDRAFT SETTLEMENT, FOR INFO CALL 1.877.625.9442 OR GO TO WWW.TRUSTMARKBANKOVERDRAFTSETTLEMENT.COM”.  

    Former Trustmark customers and a small number of current customers, such as those with inactive accounts, will receive payment in the form of a check from Trustmark Bank Overdraft Settlement Administrator, mailed in mid-June, 2014.  The check will arrive in postcard from Trustmark Bank Overdraft Settlement Administrator.

Where can I cash my check?

Answer:

You should be able to cash your check at any bank or check cashing establishment.

How can I get a damaged/misplaced/lost check replaced?

Answer:

If you have lost or misplaced your settlement check, you may contact the Settlement Administrator by writing to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.  The Settlement Administrator will review your record, verify that the original check has not been cashed, stop payment on the original check, and then reissue the check to you. Replacement checks will be issued within 2-4 weeks after the Administrator receives your request.

How was my award calculated?

Answer:

    Pursuant to the Settlement Agreement, award calculations were done separately for each individual Settlement Class Member using his or her own account and overdraft / non-sufficient funds fee history and applying the formula set forth in the Court-approved Settlement Agreement. 
    Not all Overdraft / Non-Sufficient Fund (OD/NSF) fees assessed or paid are eligible for compensation under the terms of the Settlement Agreement.  Only those OD/NSF fees (as defined by the Settlement Agreement) that would not have been assessed but for the posting order used to process Debit Card Transactions are eligible for compensation under the Settlement.   Of the OD/NSF fees that are eligible, only a portion or percentage of those fees are payable under the Settlement. The formula to determine which fees are eligible and how the percentage was calculated is located in the Settlement Agreement.  It is possible that some Class Members would not be eligible for any award, based on the review of their account.  A complete copy of the Settlement Agreement is posted under the Court Documents tab of this Settlement Website.

I have not received an Account credit or check yet.  What is the status of my payment?

Answer:

    The distribution of the Settlement payments by Account credit for most current customers occurred on or about June 6, 2014.  The distribution of the Settlement payments by mailed check for former account holders and some current customers was completed on or about June 19, 2014.

    If you are a Settlement Class Member and if you have not received your award by account credit or by mailed check by June 30, 2014, you may request that your award status be researched by writing to the Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.

Can Settlement Class Members who are current, active customers request a check instead of an Account credit?

Answer:

No. The Settlement Agreement specifies what categories of Settlement Class Members will receive an Account credit or a mailed check. In general, Settlement Class Members who no longer have an active Account will receive a check by mail and Settlement Class Members who currently have an active Account will receive an Account credit.

How will I know if I receive an Account credit?

Answer:

    Account credits will be applied on or about June 6, 2014.  An account credit will be made to the Accounts of those Settlement Class Members who are entitled to a payment from the Settlement and who currently have an open and active Account. An Account credit from the Settlement will be indicated in both account details within Online Banking and the statement detail as "OVERDRAFT SETTLEMENT, FOR INFO CALL 1.877.625.9442 WWW.TRUSTMARKBANKOVERDRAFTSETTLEMENT.COM." 

    An Account credit from the Settlement will be indicated in account statements as: "OVERDRAFT SETTLEMENT, FOR INFO CALL 1.877.625.9442 OR GO TO WWW.TRUSTMARKBANKOVERDRAFTSETTLEMENT.COM."

How will I receive payment from the Settlement if I have had multiple accounts with Trustmark and some of the accounts are now closed but some accounts are still open and active? What if I have multiple closed accounts or multiple open accounts?

Answer:

    Accounts were reviewed individually to determine whether, in light of the overdraft activity in the Account during the Class Period and application of the allocation formula set forth in the Court-approved Settlement Agreement, the holder of the Account qualified for a payment from the Settlement.  Settlement Class Members will receive an Account credit in each currently open and active Account that qualified for a payment from the Settlement. Settlement Class Members will receive one check mailed from the Settlement Administrator for each closed Account that qualified for a payment from the Settlement.

When can I expect to receive my payment?

Answer:

The parties presently anticipate that distribution of the Settlement “payments” by Account credit for current customers or by mailed check for former customers will be completed by June 16, 2014.  All checks were mailed USPS, and should be delivered pursuant to normal USPS delivery times.

What is the timeframe to request a reissued check? 

Answer:

You can contact the Settlement Administrator for a check reissue up until the check void date, which is 180 days from issue date on the original check by writing to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.  Any reissued checks must be cashed within 180 days from the date of reissuance and will be void if not cashed by that date.

When will my check be reissued?

Answer:

    Checks will be reissued within 2-4 weeks after the Administrator receives your written request.

My name changed, because I got married/divorced. Can I still use the check?

Answer:

    Yes. Please go to your financial institution first as they may cash the check if documentation regarding the status of your name change is presented.

    If your bank will not cash the check, please void it and return it to the Settlement Administrator, along with a letter of instruction and proof of your name change (e.g., a copy of your marriage certificate). Please send the voided check, written reissue request and any supporting documentation to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.

I recently moved and believe the payment was mailed to my old address? Can you update my address and re-mail my check?

Answer:

    Yes. Please send a letter requesting a reissuance of your check which includes your former and current mailing addresses to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.

The person listed on the check is deceased. What do I do?

Answer:

    Please go to your financial institution first as they may cash the check if documentation regarding the status of the Account holder and your status as the beneficiary/executor is presented.

    If your bank will not cash the check, please void it and return it to the Settlement Administrator, along with a letter of instruction and proof of beneficiary/executor.  This would include a copy of the death certificate.  If you are listed as the surviving spouse on the Death Certificate, this is all the evidence the Settlement Administrator will need to reissue the check to you.

    If you are NOT listed on the death certificate, we need a copy of court documents that list you as the estate executor or equivalent.

    Please send the voided check, written reissue request and any supporting documentation to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.

The claimant is now under guardianship/has given me power of attorney, what do I do?

Answer:

    Please go to your financial institution first as they may cash the check if documentation regarding the status of the claimant and your status as the guardian/power of attorney is presented.

    If your bank will not cash the check, please void it and return it to the Settlement Administrator, along with a letter of instruction and proof of guardianship/power of attorney. 

    Please send the voided check, written reissue request and any supporting documentation to Trustmark Bank Overdraft Settlement Administrator, P.O. Box 3046, Faribault, MN 55021-2646.

Why is there a notice?    

Answer:

A Court authorized notice because you have a right to know about the proposed Settlement of these class action lawsuits and about all of your options before the Court decides whether to give final approval to the Settlement.  The notice explains the lawsuits, the Settlement, and your legal rights.

 

Judge Daniel P. Jordan, III of the United States District Court for the Southern District of Mississippi is overseeing this settlement.  The principal litigation is known as Jenkins v. Trustmark National Bank, No. 3:12-cv-00380-DPJ-FKB,.  Another lawsuit, White v. Trustmark National Bank, No. 2:12-cv-2485-JTF-cgc (W.D. Tenn.), is also included in the Settlement.  The people who sued are called the "Plaintiffs."  Trustmark is the "Defendant."

What is this litigation about?

Answer:

The litigation principally addresses two Trustmark practices: (1) the posting of debit card transactions during the nightly posting process in order from highest to lowest dollar amount to maximize the number of overdraft fees assessed to its customers ("High to Low Posting"), and (2) the reduction of available account balance by the amount of an approved debit card transaction on a date before the transaction is posted to the account and use of the resulting available balance during the nightly posting process (the "Hold Practice").  These two practices are collectively referred to as "Debit Sequencing Overdraft Practices".

The lawsuits claim that, instead of declining transactions when an account had insufficient funds to cover a purchase, Trustmark authorized the transactions and then processed them in accordance with its Debit Sequencing Overdraft Practices, which had the effect of increasing the number of overdraft or non-sufficient funds fees the bank charged its customers.

The complaints in the litigation are posted on this website and contain all of the allegations and claims asserted against Trustmark.  Trustmark maintains there was nothing wrong about its approval of transactions or the Debit Sequencing Overdraft Practices used.

What are overdraft and non-sufficient funds fees?

Answer:

An overdraft fee is assessed to an account when paying an item at a time the account has insufficient funds to cover the item.  A non-sufficient funds fee is any fee assessed to an account for items returned unpaid at a time the account has insufficient funds to cover the item.  These two fees are collectively referred to as "OD/NSF Fees."  Fees charged to transfer balances from other accounts are excluded.

Why is this a class action?

Answer:

In a class action, one or more people called "Class Representatives" (in this case, seven Trustmark customers who were assessed overdraft fees) sue on behalf of themselves and other people with similar claims.  Together, all the people with similar claims (except those who exclude themselves) are members of a "Settlement Class."

Why is there a Settlement?

Answer:

The Court has not decided in favor of the Plaintiffs or Trustmark.  Instead, both sides have agreed to a Settlement.  By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in the notice.  The proposed Settlement does not mean that any law was broken or that Trustmark did anything wrong.  Trustmark denied all legal claims in this case.  Class Representatives and their lawyers think the proposed Settlement is best for everyone who is affected.

Who is included in the Settlement?

Answer:

You are a member of the Settlement Class if you:

  • Had a Trustmark deposit account that you could access with a Trustmark debit card during the applicable class period; and
  • Were charged one or more OD/NSF fees as a result of Trustmark's high to low posting and/or Hold Practice.

The applicable Class Period is the period from September 28, 2005 through and October 11, 2013.  To be included in the Class, you must have had one or more OD/NSF fees caused by debits posted to your account on a single day during the Class Period because of Trustmark's Debit Sequencing Overdraft Practices.

What if I am not sure whether I am included in the Settlement?

Answer:

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, visit the Settlement website at www.TrustmarkBankOverdraftSettlement.com or call the toll free number, 1-877-625-9442.  You may also send questions to the Settlement Administrator at info@trustmarkbankoverdraftsettlement.com or Trustmark Overdraft Settlement, P.O. Box 3046, Faribault, MN 55021-2646.

What does the Settlement provide?

Answer:

If the Settlement is approved and becomes final, it will provide benefits to Settlement Class Members.  Trustmark will pay $4,000,000 to a Settlement Fund to make payments to eligible Settlement Class Members, as well as pay for attorneys' fees, costs, and expenses, and special service payments to the seven Class Representatives who initiated the lawsuits.  Trustmark has also agreed to continue for a period of at least two years its current time-ordered posting method by which it posts debit card transactions to accounts.  Trustmark has agreed to pay costs associated with administering the Settlement.

The $4 million Settlement Fund is divided into two funds for distribution purposes.  Distribution Fund A consists of 80% of the Net Settlement Fund and Distribution Fund B consists of 20% of the Net Settlement Fund.

You are entitled to receive a distribution from Distribution Fund A if:

 

your account was opened in... 

 and you incurred an OD/NSF Fee as a result of the Trustmark's Debit Sequencing Overdraft Practices between...

 Mississippi or any state other than Florida, Tennessee, or Texas

 December 2, 2008 and October 11, 2013

 Florida  December 2, 2006 and October 11, 2013
 Tennessee  December 2, 2005 and October 11, 2013
 Texas  December 2, 2007 and October 11, 2013

You are entitled to receive a distribution from Distribution Fund B if:

 

your account was opened in... 

and you incurred an Overdraft Fee as a result of the Trustmark's Debit Sequencing Overdraft Practices from... 

 Mississippi or any state other than Florida, Tennessee, or Texas

September 28, 2005 through December 1, 2008 

 Florida

 September 28, 2005 through December 1, 2006

 Tennessee

 September 28, 2005 through December 1, 2005

 Texas

 September 28, 2005 through December 1, 2007

If you meet the criteria for both Distribution Funds A and B, you are entitled to receive distributions from both funds.

How much will my payment be?

Answer:

Any payment you are eligible to receive will be based on the number of OD/NSF Fees charged to your Trustmark deposit account as a result of Trustmark's Debit Sequencing Overdraft Practices.  It is not possible to know at this point how much any Settlement Class Member's payment from the Settlement will be.  It is possible that you may receive no payment.  Only a small percentage of all OD/NSF Fees that were charged by Trustmark were affected by Trustmark's Debit Sequencing Overdraft Practices.  So not every OD/NSF Fee that was charged is eligible for payment under this Settlement.  Further, if your account was closed by Trustmark with a negative balance that was written off as uncollectible, any payment you would otherwise be eligible to receive from the Settlement will be reduced dollar-for-dollar by the dollar amount of the negative closing balance.

When will I receive my payment?

Answer:

Settlement Class Members who are entitled to payments will receive their payments, either by electronic payment to their Trustmark account or by ailed check, only after the Court grants final approval to the Settlement and after any appeals are resolved.  If there are appeals, resolving them can take time.  Please be patient.

What other benefits does the Settlement provide?

Answer:

Trustmark has also agreed to continue its current method of time-ordered posting for non-recurring POS and ATM debit transactions for two (2) years from the date that the Settlement becomes final.  This generally means that Trustmark will post debit card transactions in the order in which they are received by Trustmark.  The process of posting eletronic debits is complex and Trustmark will use its discretion in dealing with items that cannot practically be posted in time order.  Also, Trustmark's posting of items other than electronic debit card transactions, including checks and ACH transactions, is outside this Settlement and Trustmark retains its discretion as to the posting order of these categories of items.  Unless there is a change in the law, or certain limited circumstances, such as guidance from its regulators, that requires some other posting order, Trustmark will not change from time-ordered posting to another method for at least two years.

What am I giving up to stay in the Settlement Class?

Answer:

Unless you exclude yourself from the Settlement, you can't sue Trustmark or be part of any other lawsuit against Trustmark about the fees or practices subject to this Settlement.  Unless you exclude yourself, all of the decisions by the Court will bind you.  The Settlement Agreement is available on this website and describes the claims that you give up if you remain in the Settlement.

How can I receive a payment?

Answer:

Settlement Class Members who were charged OD/NSF Fees during the applicable Class Period due to Trustmark's Debit Sequencing Overdraft Practices will receive payments from the Settlement automatically, either as an electronic payment to the Settlement Class Members' Trustmark accounts (if feasible) or in the form of a check (if automatic payment to the account is not feasible).

If you are entitled to a payment based on OD/NSF Fees charged to your account, you do not have to do anything in order to receive that payment.  As long as you do not exclude yourself from the Settlement, the payment will be made automatically, either by electronic payment to your Trustmark account or (if you no longer have that Trustmark account) by check mailed to you at the address Trustmark has on file.  Please contact the Settlement Administrator if you change your address.

How do I get out of the Settlement?

Answer:

To exclude yourself from the Settlement, you must send a letter or other written document by mail to the Settlement Administrator.  Your request must include:

  • Your name, address, telephone number, and account number;
  • A statement that you want to be excluded from the Trustmark Settlement in Jenkins v. Trustmark National Bank, 3:12-cv-00380-DPJ-FKB; and
  • Your signature.

You must mail your exclusion request, postmarked no later than February 18, 2014, to Trustmark Overdraft Settlement, P.O. Box 3046, Faribault, MN 55021-2646.  You cannot ask to be excluded on the phone, by email, or at the website.

If I do not exclude myself, can I sue Trustmark for the same thing later?

Answer:

No.  Unless you exclude yourself, you give up the right to sue Trustmark for the claims that the Settlement resolves, even if you do not receive any payment from the settlement.  You must exclude yourself from the Settlement Class in order to try to maintain your own lawsuit.

If I exclude myself, can I still get a payment?

Answer:

No.  You will not get a payment if you exclude yourself from the Settlement.

Do I have a lawyer in the case?

Answer:

The court has appointed two law firms to represent all Settlement Class Members as "Settlement Class Counsel".  They are:

 

 Stephen J. Fearon, Jr. Esq.

SQUITIERI & FEARON, LLP

32 East 57th Street

12th Floor

New York, NY 10022

 Edward Adam Webb, Esq.

Matthew C. Klase, Esq.

WEBB, KLASE & LEMOND, LLC

1900 The Exchange, S.E.

Suite 480

Atlanta, GA 30339

You will not be charged for contacting these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

How will the lawyers be paid?

Answer:

Class Counsel intend to request up to 33.33 percent of the $4 million Settlement Fnud for attorneys' fees, plus reimbursement of the costs and expenses of prosecuting the class action.  The fees and expenses awarded by the Court will be paid out of the Settlement Fund.  The Court will decide the amount of fees to award.  Class Counsel will also request that special service payments of $5,000 each be paid from the Settlement Fund to the seven Class Representatives for their service as representatives in prosecuting on behalf of the Settlement Class.

How do I tell the Court if I do not like the Settlement?

Answer:

If you are a member of the Settlement Class, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel's requests for fees and expenses, and/or the special service payments to the seven Class Representatives.  To object, you must submit a letter that includes the following:

  • Your name, address, and telephone number;
  • A statement saying that you object to the Trustmark Settlement in Jenkins v. Trustmark National Bank, 3:12-cv-00380-DPJ-FKB;
  • The reasons you object to the Settlement, along with any supporting materials;
  • Information about other objections you or your lawyers have made in other class action cases; and
  • Your signature

The requirements to object to the Settlement are described in detail in the Settlement Agreement in paragraphs 81 and 82.  You must mail your objection to each of the following three addresses, and your objection must be postmarked by February 18, 2014:

 

Clerk of the Court

U.S. District Court for the

Southern District of Mississippi

501 E. Court Street

Suite 2.500

Jackson, MS 39201

Stephen J. Fearon, Jr., Esq.

SQUITIERI & FEARON, LLP

32 East 57th Street

12th Floor

New York, NY 10022 

William F. Ray, Esq.

WATKINS & EAGER, PLLC

400 East Capitol Street

Jackson, MS 39201

What is the difference between objecting and asking to be excluded?

Answer:

Objecting is simply telling the Court that you do not like something about the Settlement.  You can object to the Settlement only if you do not exclude yourself.  Excluding yourself is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

When are where will the Court decide whether to approve the Settlement?

Answer:

The Court has scheduled a Final Approval Hearing on March 25, 2014 at 9:00 a.m. at the United States District Court for the Southern District of Mississippi, Jackson Division, located at the United States Courthouse, 501 East Court Street, 5th Floor, Jackson, MS 39201.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.  At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate.  The Court will also consider any request by Class Counsel for attorneys' fees and expenses.  If there are objections, the Court will consider that at that time.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

Do I have to attend the hearing?

Answer:

No.  Class Counsel will answer questions the Court may have.  But you are welcome to attend the hearing at your own expense.  If you send an objection, you don't have to come to Court to talk about it.  As long as you submitted your written objection on time, to the proper addresses, and it complies with the requirements described in paragraphs 81 and 82 of the Settlement Agreement, the Court will consider it.  You may also pay your own lawyer to attend, but it's not necessary.

May I speak at the hearing?

Answer:

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must send a letter saying that you intend to appear and wish to be heard.  Your Notice of Intention to Appear must include the following:

  • Your name, address, and telephone number;
  • A statement that this is your "Notice of Intention to Appear" at the Final Approval Hearing for the Trustmark Settlement in Jenkins v. Trustmark National Bank, 3:12-cv-00380-DPJ-FKB;
  • The reasons you want to be heard;
  • Copies of any papers, exhibits, or other evidence or information that you will present to the Court; and
  • Your signature.

You must send copies of your Notice of Intention to Appear, postmarked by February 18, 2014, to all three addresses listed in the "How do I tell The Court if I do not like the Settlement?" FAQ.  You cannot speak at the hearing if you exclude yourself from the Settlement.

Disclaimer

Please do not contact either Trustmark National Bank or the Court with questions about this Settlement.  Any and all callers will be directed to this website.  If you have questions, please refer to the FAQs and other information posted here, or contact the Settlement Administrator by calling 1-877-625-9442 or writing to Trustmark Overdraft Settlement, P.O. Box 3046, Faribault, MN 55021-2646.

This site is not operated by Trustmark National Bank.  This class action Settlement is supervised by the Court and is administered by an administration firm that handles all aspects of claims processing.  Trustmark National Bank is not authorized to respond to questions from members of the Settlement Class regarding the Settlement.

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