First National Bank of Pennsylvania Overdraft
Settlement Website
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Welcome to the First National Bank of Pennsylvania Overdraft Settlement Website


A $3 million Settlement has been reached in a class action lawsuit about the order in which First National Bank of Pennsylvania posts Debit Card Transactions to customer Accounts. First National Bank of Pennsylvania maintains there is nothing wrong with the posting process used.

Who's Included? You are included in the Settlement Class if you had one or more First National Bank of Pennsylvania consumer checking or demand deposit Accounts that you could access with a Debit Card and, at any time between June 1, 2006 and including February 8, 2013 incurred an Overdraft Fee as a result of First National Bank of Pennsylvania's practice of posting Debit Card Transactions from highest to lowest dollar amount. In order to have incurred an Overdraft Fee as a result of this practice, you must have had two or more Overdraft Fees assessed on the same day, at least once, during that time period. If this happened to you, you may be in the Settlement Class. If it did not happen to you, you are not a member of the Settlement Class. Further, you are not eligible for a payment under the Settlement if your Account was closed with a negative balance and the amount of the benefits that would otherwise be provided for in the Settlement would be insufficient to make the balance in that Account positive. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.

What Are the Settlement Terms? First National Bank of Pennsylvania has agreed to establish a Settlement Fund of $3.0 million from which identifiable Settlement Class Members will receive payments or Account credits. The amount of individual payments or Account credits cannot be determined at this time. However, it will be based on the number of people in the Settlement Class and the amount of Additional Overdraft Fees each Settlement Class Member paid as a result of First National Bank of Pennsylvania's posting order practice. The Settlement administration and related costs will come out of the $3.0 million Settlement Fund.

How to Receive a Payment. If you are included in the Settlement Class and entitled to receive a cash benefit, you do not have to do anything to receive a payment or Account credit. If the Court approves the Settlement, and it becomes final and effective, you will automatically receive a payment or account credit.

Your Right May Be Affected. If you do not want to be legally bound by the Settlement, you must exclude yourself from the Settlement Class. To exclude yourself from the Settlement Class, you must send a letter that includes the following: your name, address and telephone number, a statement that you want to be excluded from the First National Bank of Pennsylvania Settlement in Ord v. First National Bank of Pennsylvania, No. 2:12-cv-00766-AJS, and Clarey v. First National Bank of Pennsylvania, No. 2:12-cv-001305-AJS, and your signature. You must mail your exclusion request, postmarked no later than May 22, 2013, to First National Bank of Pennsylvania Overdraft Litigation c/o Gilardi & Co. LLC, P.O. Box 6002, Larkspur CA 94977-6002. If you do not exclude yourself, you will release your overdraft-fee-related claims against First National Bank of Pennsylvania and will not be able to sue First National Bank of Pennsylvania for any claim relating to the lawsuit. If you stay in the Settlement Class, you may object to the Settlement by May 22, 2013. The Court will hold a hearing on June 21, 2013, to consider whether to approve the Settlement and a request for attorneys' fees of up to 33.33% of the value of the Settlement Fund plus reimbursement of reasonable expenses and a service award to the named Plaintiffs. You may file an objection to the Settlement and/or the request for fees, expenses and incentive awards but you must meet certain requirements (see below for website/phone number to call). You may appear at the hearing, but you don't have to. You may hire your own attorney, at your own expense, to appear or speak for you at the hearing.

For more information you may read the Notice, Settlement Agreement, and other documents available here.

Case Relevant Event Date
An Exclusion must be postmarked on or before May 22, 2013
An Objection must be postmarked or delivered to the parties no later than May 22, 2013
The Final Fairness Hearing is 9:30 a.m. on June 21, 2013