Siragusa v. North Community Bank

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Siragusa v. North Community Bank. This website describes the case and the settlement among Plaintiff and Defendant.

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:

Lance A. Raphael
The Consumer Advocacy Center, P.C.
180 West Washington, Suite 700
Chicago, Illinois 60602
(312) 782-5808

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the United States District Court for the Northern District of Illinois, Eastern Division. The judge is the Honorable James B. Zagel. To see a copy of the complaint, click here.

Plaintiff alleges that Defendant did not post adequate notice of the ATM fees that would be charged for the use of its ATMS located at 2301 N. Clark St., Chicago, IL 60614, 2000 W. Roscoe St., Chicago, IL 60618, 2544 N. Lincoln Ave., Chicago, IL 60614, 4639 N. Damen Ave., Chicago, IL 60625, or 3551 N. Sheffield Ave., Chicago, IL 60657/959 W. Addison St., Chicago, IL 60613, thus violating the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (“EFTA”) and its implementing regulation, 12 C.F.R. § 205.1 et seq.

After entry of an order certifying this action for class treatment on a merits basis, the exchange of discovery between the parties, and attendance at a settlement conference before the Magistrate and District Judges, the Defendant has concluded that further conduct of the Lawsuit may be protracted and expensive and open the bank up to additional risk and therefore, has determined that it is desirable that the Lawsuit be fully and finally resolved.

To see a copy of the Settlement Agreement, click here.

To see a copy of the class action publication notice, click here.

The Court has certified a class and approved a class action settlement of this case. To see a copy of the Order Approving Settlement, click here.

The links below provide information about who is a Class Member, the terms of the Settlement Agreement, and how Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case.

All Potential Class Members

To find out if you are a Class Member, click here.

If you want to receive money from the Settlement Fund, click here.

If you do not want to be a class member (or receive any money from the Settlement Fund), click here.

If you want to object to the settlement of this case as a class action or to the terms of the Settlement Agreement, click here.

Class Membership

All persons who, from May 1, 2008 through April 30, 2009, were charged a transaction fee for the use of an automated teller machine operated by North Community Bank at any of the following locations:

2301 N. Clark St., Chicago, IL 60614
2000 W. Roscoe St., Chicago, IL 60618
2544 N. Lincoln Ave., Chicago, IL 60614
4639 N. Damen Ave., Chicago, IL 60625
3551 N. Sheffield Ave., Chicago, IL 60657
959 W. Addison St., Chicago, IL 60613
*959 W. Addison and 3551 N. Sheffield are shared addresses for a single ATM*

Opt Outs

If you do not want to participate in the Settlement you must write a letter stating, “EXCLUDE ME FROM THE SIRAGUSA V. NORTH COMMUNITY BANK SETTLEMENT. I UNDERSTAND THAT BY OPTING OUT OF THE SETTLEMENT, I WILL NOT RECEIVE ANY BENEFITS THAT I WOULD OTHERWISE BE ENTITLED TO IF I PARTICIPATED IN THE SETTLEMENT CLASS.” Include your name and address and mail the letter to the Settlement Administrator, First Class, Inc./J11452-Siragusa, 5410 W. Roosevelt Rd., Suite 222, Chicago, IL 60644-1479. Your letter must be received by October 28, 2011 to be valid.

Objections

If you think the Settlement is unfair, you may object to it by writing a memo stating the specific reasons for your objection and filing it with the Clerk’s Office, Dirksen Federal Building, 219 S. Dearborn St., Chicago, IL 60604 and sending a copy to Class Counsel, Lance Raphael of The Consumer Advocacy Center, P.C., 180 W. Washington St., Ste. 700, Chicago, IL 60602. The objection must be received on or before October 28, 2011.