Ruby Lambert v Navy Federal Credit Union
NAVY FEDERAL REPRESENTMENT NSF FEE SETTLEMENT
1:19-cv-00103-LO-MSN

Frequently Asked Questions

 

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  • A Court authorized the notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give Final Approval to the Settlement. The notice explains the lawsuit, the Settlement and your legal rights.

    Judge Liam O'Grady, of the U.S. District Court for the Eastern District of Virginia, is overseeing this case. The case is known as Ruby Lambert v Navy Federal Credit Union, Case No. 1:19-cv-00103-LO-MSN. The person who sued is called the "Plaintiff." The Defendant is Navy Federal Credit Union.

  • The lawsuit claims that Navy Federal breached its contract with member checking Account Holders by assessing and collecting Representment NSF fees (as defined in the Settlement Agreement) on certain transactions.

    The Complaint in this Action is available on the Important Documents page of this website and contains all of the allegations and claims asserted against Navy Federal. Navy Federal maintains it did nothing wrong and that its imposition of Representment NSF Fees did not breach its contract with member Account Holders. The U.S. District Court for the Eastern District of Virginia dismissed the lawsuit with prejudice and the Plaintiff appealed that ruling. Navy Federal has agreed to settle the lawsuit to avoid the cost, distraction, and uncertainty of litigation.

  • "Representment NSF Fees" means the second or third non-sufficient funds fees charged to an Account Holder when a Settlement Class member's merchant has re-presented a debit item or check to Navy Federal for payment (after an initial return by Navy Federal for insufficient funds), and where the debit item or check is again returned by Navy Federal due to insufficient funds, resulting in an additional NSF fee or NSF fees.

  • In a class action, one or more people, called class representatives (in this one, a Navy Federal member who was assessed Representment NSF Fees), sued on behalf of people who have similar claims.

    All of the people who have claims similar to the Class Representative are members of the Settlement Class, except for those who exclude themselves from the class.

  • Both sides agreed to the 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 Class Representatives and their attorneys think the Settlement is best for everyone who is affected.

  • If you received a notice of the Settlement from a postcard or email addressed to you, then you are in the Settlement Class. However, even if you did not receive a postcard or email with the Settlement notice, you may still be in the Settlement Class, as described in Question 6.

  • You are a member of the Settlement Class if you have or had a Navy Federal Account and were charged Representment NSF fees between January 28, 2014, through October 27, 2020.

    If this did not happen to you, you are not a member of the Settlement Class. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.

  • Navy Federal has agreed to establish a cash Settlement fund of $16.0 million from which Settlement Class Members will receive payments or Account credits. The amount of such payments or Account credits cannot be determined at this time. However, it will be based on the number of Settlement Class Members and the amount of Relevant NSF Fees each Settlement Class Member was charged as a result of Navy Federal's assessment of Representment NSF Fees on certain transactions. In addition to the Settlement Fund, Navy Federal has agreed to separately pay Settlement Administration Costs. Pursuant to the Court's approval, the Settlement Fund will also be used to pay a Service Award for the Class Representative, attorneys' fees awarded to Class Counsel, and reimbursement of Class Counsel's litigation expenses and costs.

    Any Residual Funds that are not feasible and practical to distribute to individual Settlement Class Members will be provided to one or more charitable organizations ("cy pres" recipients). If Residual Funds remain, the parties will recommend to the Court as a cy pres recipient or recipients entities that work to promote financial literacy, including for members of the military or veterans.

  • If you are in the Settlement Class and entitled to receive a payment, you do not need 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.

  • If you stay in the Settlement Class, all of the decisions by the Court will bind you, and you give Navy Federal a "release." A "release" means you cannot sue, continue to sue or be part of any other lawsuit against Navy Federal about the legal issues in this case. Section XIII of the Settlement Agreement contains the release and describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available on the Important Documents page of this website.

  • If you did not want benefits from the Settlement, and you wanted to keep the right to sue or continue to sue Navy Federal on your own about the legal issues in this case, then you had to take steps to get out of the Settlement. This is called excluding yourself - or it is sometimes referred to as "opting-out" of the Settlement Class.

  • The deadline to exclude yourself from the Settlement has passed. To exclude yourself from the Settlement, you had to send a letter to the Settlement Administrator by mail postmarked no later than February 24, 2021.

  • No. Unless you excluded yourself, you give up the right to sue Navy Federal for the claims that the Settlement resolves. You must have excluded yourself from the Class in order to try to pursue your own lawsuit.

  • No. You will not receive a payment or Account credit if you excluded yourself from the Settlement.

  • The Court has appointed the following lawyers, known as Class Counsel, to represent you and others:

    Jonathan Streisfeld
    KOPELOWITZ OSTROW PA
    1 West Las Olas Blvd., Ste. 500
    Fort Lauderdale, FL 33301

    Hassan Zavareei
    Andrea Gold
    TYCKO & ZAVAREEI LLP
    1828 L Street NW, Ste. 1000
    Washington, DC 20036

    Jeffrey Kaliel
    Sophia Gold
    KALIEL PLLC
    1875 Connecticut Avenue NW, 10th Floor
    Washington, DC 20009

    Class Counsel will represent you and others in the Settlement Class. you will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel requested 33.33% of the Settlement Fund ($5,332,800) for attorneys' fees, plus reimbursement of their litigation expenses and costs incurred in connection with prosecuting this case. Class Counsel also requested a Service Award of $5,000.00 for the Class Representative be paid from the Settlement Fund for her service to the entire Settlement Class. In its order dated April 1, 2021, the Court approved Class Counsel's requests for attorneys' fees and expenses and a class representative award. The fees and expenses awarded by the Court will be paid out of the Settlement Fund.

  • The deadline to object to the Settlement has passed. To object to the Settlement, you had to send a letter to the Clerk of the Court, Class Counsel, and Navy Federal's counsel no later than February 24, 2021.

  • Objecting is 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 from the Settlement. Excluding yourself from the Settlement is telling the Court that you don't want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

  • The Court held the Final Approval Hearing to decide whether to approve the Settlement and the request for attorneys' fees, litigation expenses and costs, and Service Award for the Plaintiff. You could have attended and asked to speak, but you did not have have to do so. If you retained your own counsel, they could have appeared on your behalf.

  • The Court held a Final Approval Hearing at 10:00 a.m. on March 26, 2021, at the United States District Court for the Eastern District of Virginia located at the Albert V. Bryan U.S. Courthouse, Courtroom 1000, 401 Courthouse Square, Alexandria, Virginia 22314. At this hearing, the Court considered whether the Settlement is fair, reasonable and adequate. The Court also considered a request by Class Counsel for attorneys’ fees and expenses and for a Service Award for the Plaintiff. The Court considered objections that had been filed. After the hearing, the Court decided to approve the Settlement. A copy of the Court's order granting final approval is available for download from the Important Documents page.

  • No. Class Counsel answered any questions the Court had. However, you could have come at your own expense. If you sent an objection, you did not have to come to Court to talk about it. Provided you submitted your written objection on time, to the proper address, and it complied with the requirements set forth above, the Court considered it. You could have also paid your own lawyer to attend, but it was not necessary. 

    YOU WERE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THE SETTLEMENT.  

  • You could have asked the Court for permission to speak at the Final Approval Hearing by sending a letter saying that you intended to appear and wished to be heard. Your Notice of Intention to Appear had to be submitted no later than February 24, 2021.

  • If you did nothing, you will still receive the benefits to which you are entitled. Unless you excluded yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against Navy Federal relating to the issues in this case.

  • The Long Form Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement on the Important Documents page. You may also write with questions to Lambert Representment NSF Fee Settlement, c/o JND Legal Administration, PO Box 91190, Seattle, WA 98111 or call the toll-free number, 1-833-707-1452.

    Do not contact Navy Federal or the Court for information.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Lambert Representment NSF Fee Settlement
c/o JND Legal Administration
P.O. Box 91190
Seattle, WA 98111