Escalante v. Travelex Currency Services, Inc. f/k/a Travelex America, Inc. d/b/a Travelex

Escalante v. Travelex Currency Services, Inc. f/k/a Travelex America, Inc. d/b/a Travelex
CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Escalante v. Travelex Currency Services, Inc. f/k/a Travelex America, Inc. d/b/a Travelex. This website describes the case and the settlement between Mihaela Escalante (“Plaintiff”) and Travelex Currency Services, Inc. f/k/a Travelex America, Inc. d/b/a Travelex (“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 as Case No. 09 C 2209. The judge is Martin C. Ashman. To see a copy of the Complaint, click here.

Plaintiff alleges that Defendant did not post the required fee notice on the outside of its ATM located near Door 5 of Southwest Florida International Airport, 11000 Terminal Access Rd., Ft. Myers, FL 33913, thus violating the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq. Specifically, Plaintiff alleges that for some period of time Defendant did not post a fee notice on the outside of the ATM but then charged a $2.00 transaction fee. To see a copy of the class action publication notice, click here.

Defendant denies Plaintiff’s claims of wrongdoing but has agreed to settle all claims against it to avoid the expense of continued legal proceedings. To see a copy of the Settlement Agreement, click here.

The Court has certified a class for settlement purposes and preliminarily approved a class action settlement of this case. To see a copy of the Preliminary Approval Order, 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

You are a class member if you are a person who, from April 10, 2008 to April 10, 2009, were charged a transaction fee for the use of the automated teller machine operated by Travelex located near Door 5 of Southwest Florida International Airport, 11000 Terminal Access Rd., Ft. Myers, FL 33913

For a copy of the Claim Form, click here.

How to Opt-Out of the Class Action Settlement

If you do not want to participate in the Settlement you must write a letter stating, “EXCLUDE ME FROM THE ESCALANTE V. TRAVELEX SETTLEMENT.” Include your name and address and mail the letter to First Class, Inc. /J10424 at 5410 W. Roosevelt Rd., Unit 222, Chicago, IL 60644-1570. Your letter must be postmarked by November 2, 2009 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 Court at 219 S. Dearborn St., Chicago, Illinois 60604 on or before November 2, 2009 and sending a copy to Class Counsel at 180 W. Washington St., Ste. 700, Chicago, IL 60602 and to Adam T. Dougherty, Baker & McKenzie LLP, 2300 Trammell Crow Center, 2001 Ross Ave., Dallas, TX 75201.